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Aspects of Contract and Negligence Regent College Level 4

  • Course Code: L169105
  • Course Title: Aspects of Contract and Negligence
  • Country: United Kingdom
  • University: Regent College

1.1 Introduction

The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms.

Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it.

1.2 Learning Outcome

By the end of this unit a student will be able to:

  1. Explain the essential elements of a valid contract in a business context
  2. Apply the elements of a contract in business situations
  3. Explain the principles of liability in negligence in business activities
  4. Apply the principles of liability in negligence in business situations

1.3 Essential Content

LO1 Explain the essential elements of a valid contract in a business context

Essential elements: offer and acceptance; intention to create legal relations; consideration; capacity; privity of contract;

Types of contract: face to face; written; distance selling; impact

Types of terms: condition; warranty; innominate term; express; implied; exclusion clauses and their validity

LO2 Apply the elements of a contract in business situations

Elements: application of relevant principles and case law to business scenarios

Specific terms: contents of standard form business contracts; analysis of express terms, implied terms and exclusion clauses in a given contract

Effect of terms: breach of condition, warranty and innominate terms; legality of exemption clauses; outline of remedies; damages

LO3 Explain the principles of liability in negligence in business activities

Negligence: differences to contract; duty of care; breach of duty; damage – causation and remoteness of damage; personal injuries; damage to property; economic loss; occupier liability

Liability: employer’s liability; vicarious liability; health and safety issues

LO4 Apply the principles of liability in negligence in business situations

Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies

1.5 Teaching Ethos

The college’s approach towards teaching and learning is simple and effective. The main aim of UKCBC is to assist learners in maximising their potential by ensuring that they are taught clearly and effectively. This will enable students to engage in the learning environment and promote success in both their academic studies and subsequent career.

The module tutor(s) will aim to combine lectures, workshops and tutorial activities. This environment will provide opportunities for the student to understand the course material through case study and text and to apply it in a practical way. The intent is to facilitate interactive class activities, and discussion about the significant role of research in a global and local business environment.

1.6 Methods of Delivery

LECTURES:

These will be developed around the key concepts as mentioned in the indicative course content and will use a range of live examples and cases from business practice to demonstrate the application of theoretical concepts. This method is primarily used to identify and explain key aspects of the subject so that learners can utilise their private study time more effectively.

SEMINARS:

These are in addition to the lectures. The seminars are designed to give learners the opportunity to test their understanding of the material covered in the lectures and private study with the help of reference books. This methodology usually carries a set of questions identified in advance. Seminars are interactive sessions led by the learners. This method of study gives the learner an excellent opportunity to clarify any points of difficulty with the tutor and simultaneously develop their oral communication skills.

CASE STUDIES

An important learning methodology is the extensive use of case studies. They enable learners to apply the concepts that they learn in their subjects. The learners have to study the case, analyse the facts presented and arrive at conclusions and recommendations. This assists in the assessment of the learner’s ability to apply to the real world the tools and techniques of analysis which they have learnt. The case study serves as a supplement to the theoretical knowledge imparted through the course work.

1.7 Plagiarism

Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies’ regulations. In this context the definition and scope of plagiarism are presented below:

Plagiarism is presenting someone’s work as your won. It includes copying information directly from the web or books without referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework form another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the college procedure. (For further details please refer to the plagiarism policy and the student code of conduct.)

Solutions:-

Introduction

Contracts form a central doctrine in terms of partnership between two persons or organisations. Compliance to the levied terms and conditions enhances this partnership. Viewing it from another perspective, breach of contract destroys the stability between the two parties. This action establishes negativity to the contract and spoils its true essence. This assignment speculates the basic aspects related to the contracts, which helps in analysing its effect on the organisational operations.

Task 1: An insight into contract formation

1.1 Contractual elements

A contract is formed of certain elements, absence of which turns it into an invalid one. Adherence to these elements would help Peter to build his career as a self-employed building contractor (Clarke and Lancaster, 2013, p.222).

Agreement is one of the essential components for a contract to be a valid one. In this element, an offer is proposed by a party, which is accepted by the opposite party. The earlier sentence projects two important subparts of agreement, that is, offer and acceptance (Schulze and Staudenmayer, 2016, p.29). The acceptance of the proposed offer leads to the agreement between the two parties. Viewing it from another perspective, agreement projects the adherence to the ethics of the contract. In case of breach of contracts, the opposition party possesses full right to expose disagreement to the proposed offer. This sentence bear’s resemblance with the understanding of Peter that he can be sued for any kind of damages that might arise during the tenure of the contracts.

One of the other elements is consideration. Consistency within the proposed guarantees makes this element into a worthy one (Callea et al. 2014, p.400). This contractual element proves useful for Peter is he encounters breaches of contract regarding his property, cash and other administrative losses.

Capacity is one of the other crucial components in terms of a valid contract. The parties possessing adequate understanding of the terms, conditions and liabilities are benefitted through this element. This understanding provides them the access to enter into contracts with their partners.

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