Beruflich Dokumente
Kultur Dokumente
TASK 1 ...........................................................................................................................................3
Task 2.............................................................................................................................................10
CONCLUSION .............................................................................................................................14
REFERENCES .............................................................................................................................15
However, present study majorly concentrates on all the legal aspects of contract and negligence
to provide appropriate guidance to an individual as well as assist in providing solution regarding
current scenario. Along with that, study entails impacts, importance, terms etc of a legal
agreement in different cases (DiMatteo, 2012). Furthermore, by the means of previous case
precedents and clauses of the act different case studies will be supported and evaluated. However
at last, report will sum up with impact of vicarious liability and defenses in negligence on the
given cases and scenarios. The main aim of conducting this study is to enhance skills and
knowledge regarding contracts and its legal implications on a given scenario or case so that
individual can make appropriate decisions.
Bi-lateral In general terms, Bilateral contract can be defined as the agreement between
two parties which agrees or promise to perform an act in the exchange of other party's
actions. However, this type of legal relationship specifies a duty to act in exchange of
other party's act.
Unilateral In legal terms, unilateral contract defines that, one party enforce other party
to perform certain specified acts by paying money in consideration.
Mini Case A:
In Mini case A situation states that, Arnold gives an offer to Fiona regarding purchase of
dental tools and equipments in 15000. However, as Fiona being her cousin asked once about his
dental equipment and now she requires because she is practicing dental. As per the given
scenario, Arnold wants to sell the equipments as soon as possible and for that he has got several
other offers from its colleague (Kantarelis, 2008). The present condition of Fiona was not much
feasible and she was unable to make quick payment to her uncle. Therefore, she called and asked
him whether she can pay total amount after Christmas. Due to some issue, she was unable to
communicate to its uncle and leaves a message to his secretary about her delay payment
scenario. However, this particular scenario will be defined as conditional acceptance of Fiona as
she was ready to buy but due to lack money was asking for some time.
Mini case F:
While on holiday at the seaside, Jim agrees to take his family to Fun Park. He pays 1
to park his car on a car park run by the Stand Council. A notice at the entrance of the car park,
which has been partly obscured by overgrown shrubs, states: Cars parked entirely at owners
risk. Jim pays 7 for a family admission ticket to Fun Park, which is managed by Leisure Ltd.
The back of the ticket contains the following clause: The Company does not accept liability for
death or personal injury to visitors, howsoever caused (Wilhelmsson, 2008). Jim and his wife are
watching their children when a metal bar flies off, injuring Jim and his wife. After receiving
hospital treatment, Jim returns to his car to discover that it has been damaged by a Strand
Council refuse van.
However, in this given scenario Jim went to a nearby Fun Park on the holiday. There was
a rule of paying 1 to stand council for the parking of car. However, Jim followed the rule and
paid the desired amount. While entering into the park there was warning written which states
that, visitors park your vehicle on your own risk (Cibinic, Nash and Nagle, 2006). Due to
TOLL-FREE NO: +44 2038681671 EMAIL: help@instantassignmenthelp.com
WHATSAPP NO: +44 7999903324 WEBSITE: www.instantassignmenthelp.com
Task 2
1 Contrast liability in tort with contractual liability
Contractual liability occurs at the time when any of the business entity breaches the
contract with non defined reasons and for that other purposes of contract can be followed. Tort
liability arises as a result when any of the concerned party forms an act of negligence and it can
happen due to any reason. Furthermore, A tort in common jurisdictions can be defined as the
civil wrong that unethically causing suffering to someone else or harm resulting in breach of the
contract because of tort committed by tortfeasor. Specifically, when any of the agreed party does
not care about the nature of liability then tort can be defined and according to this, the other party
can come in fault. The party which faces damages can claim for the pre specified amount and he
TOLL-FREE NO: +44 2038681671 EMAIL: help@instantassignmenthelp.com
WHATSAPP NO: +44 7999903324 WEBSITE: www.instantassignmenthelp.com
Case study 1
In the given situation it was noted that Mrs. Donoghue went to the caf and placed an
order for ice-cream with ginger beer. But since the drink was not served in a transparent bottle,
she accidently consumed a decomposed snail, Mrs. Donoghue suffered from serious mental
trauma and food poisoning. Herein, it was the responsibility of beer producer Mr. Stevenson to
ensure that the drink is of best quality and there are no elements in it that may damage health of
the drinker (Crosby, Lavers and Murdoch, 2008). In this sense, it may not be wrong to say that
main reason behind decline in health of Mrs. Donoghue was the act of negligence performed by
Mr. Stevenson. In this situation, all acts of negligence are found, because of which the court
decided in favor of Mrs. Donoghue and ordered Mr. Stevenson to pay for the damages she
suffered.
There is case when thus same certainty happens in the case of job employee and
employer when the thing of employment is taken into consideration. As per the principle of
vicarious liability when indulging as a part of negligence act, employer is held liable for this act
in course of employment. In case, if the employee is transferred to another place, the impact will
not be reduces. Rather, the vicarious liability also moves with the employee (Kidner, and
Richard. 2007). What comprises the driving force of this moving of liability is because of
derivation of control power over the employee. But there are certain time, when the transfer is
temporary, then general employee is held liable for the negligence act of employee.
Case study 2
As per the vicarious liability of business discussed so far with the implication of
negligence act is reflected from the case study mentioned here. The case study taken here is of
Mersey Docks and Harbour Board v Coggins & Griffiths (Liverpool) Ltd, 1946 (Daz and et. al,
TOLL-FREE NO: +44 2038681671 EMAIL: help@instantassignmenthelp.com
WHATSAPP NO: +44 7999903324 WEBSITE: www.instantassignmenthelp.com
CONCLUSION
From the above research project it can be evaluated that contract between two or more
parties play significant role in executing contractual relationship in effective and efficient
manner. However, study also entails that, if all the contractual terms and conditions are not
fulfilled appropriately then innocent party has all the authority to claim against damages. Tort is
the liability which arises due to negligence act of tortfeasor. However, present study majorly
concentrates on all the legal aspects of contract and negligence to provide appropriate guidance
to an individual as well as assist in providing solution regarding current scenario. In addition to
that, elements play vital role in ensuring that contract is executed and accomplished in legal and
ethical manner. At times it has been found that parties often make conditional acceptance which
is considered as counter offer. Furthermore, by the means of several mini case studies, overall
study has enhanced and will help in improving knowledge and skills regarding contractual
relationship between two parties. Furthermore, as per the given set of rules and regulations by
negligence act, an individual should manage and control his or her actions because he or she
might be liable for their own action and may pay the amount of compensation.
Bowyer, M. L., 2000. Insurance contract law and regulation and competition in the UK insurance
industry: The missing link. Journal of Financial Regulation and Compliance. 8(2). pp.140
150.
Chao, C. Y,. 2011. Decisionmaking biases in the alliance life cycle: Implications for alliance
failure. Management Decision. 49(3). pp. 350 364.
Chetwin, M., 2011. "Comparative analysis of some aspects of assessment of damages for
contractual breaches in England and Wales, Australia and New Zealand". International
Journal of Law in the Built Environment. 3(2). pp. 113 125.
Crosby, N., Lavers, A. and Murdoch, J., 2008. Contributory negligence involving overseas
European banks in property valuation negligence cases in the UK. Journal of Property
Valuation and Investment. 16(3). pp. 273 296.
Daz, P. G. V. and et. al., 2012. "Contractual and quality aspects on warranty: Best practices for
the warranty management and its maturity assessment". International Journal of Quality &
Reliability Management. 29(3). pp. 320 348.
Kantarelis, D., 2008. Internalization of costs, liability and negligence, performance and reliance.
International Journal of Law and Management. 50(6). pp. 274 284.
Middlemiss, S., 2011. The psychological contract and implied contractual terms: Synchronous or
asynchronous models?. International Journal of Law and Management. 53(1). pp.32-50.
Nysten-Haarala, S., Lee, N. and Lehto, J., 2010. Flexibility in contract terms and contracting
processes. International Journal of Managing Projects in Business. 3(3). pp.462 478.
Perrigot, R. and et. al., 2014. Network uniformity and risk of reclassification of the franchise
contract. International Journal of Retail & Distribution Management. 42(10). pp. 884 901.
Platz, L., 2007. Defining the most desirable outsourcing contract between customer and vendor.
Management Decision. 45(10).pp. 1656-1666
Watt, R. 2007. What Can the Economics of Intellectual Property Learn from the Economics of
Insurance. Review of Law and Economics. 3(3) pp. 102-116.
Books
Beckett, J., 2010. Public Management and the Rule of Law. PHI Learning Pvt. Ltd.
Chatterjee, C., 2012. Legal Aspects of Transnational Marketing & Sales Contracts. Routledge.
Cibinic, J., Nash, C. R. and Nagle, F. J., 2006. Administration of Government Contracts. CCH
Incorporated.
Durst, P. B., 2007. Financial aspects of contract reforestation in the Philippines. Prentice Hall.
Faure, M., 2009. Tort law and economics. Edward Elgar publishing.
Kidner, T. and Richard, U., 2007. Resiling from the Anns principle: the variable nature of
proximity in negligence. Legal Studies.
Padhi, K., P., 2012. Legal Aspects of Business. PHI Learning Pvt. Ltd.
Pozgar, G., 2011. Legal Aspects of Health Care Administration. Jones & Bartlett Publishers.
TOLL-FREE NO: +44 2038681671 EMAIL: help@instantassignmenthelp.com
WHATSAPP NO: +44 7999903324 WEBSITE: www.instantassignmenthelp.com
Online
Stanton, T. C., 2005. International Legal Research: A Beginners Guide. [Online]. Available
through: <http://library.law.unc.edu/festival/festival2002/int.html>. [Accessed on 27th
January, 2015].