Identify and apply strategies to find appropriate solutions. Effective judgments have been made. An effective approach to study and research has been used.
A contract between two parties is important for making any agreement. But not any agreement is contract. When there is an enforcement of law in an agreement, it converts into contract. There are many formalities to make a contract. Everything is not done when a contract is made.
There may exist negligence either one party or both. For the negligence occurred one party, liability is imposed on another party. The law of tort differs from the law of contract. This concept helps to examine issues of liability in negligence in business context and how they can be avoided.
Understand the essential elements of a valid contract in a business context. The agreement which is enforceable by law is called contract. All contracts are agreement but all agreements are not contract.
There are some elements of a valid contract that are essential to be enforceable by law. All these elements are important for a valid contract.
If nay of them is absent, the agreement will be a contract. First step for starting a contract is one party making proposal or offer to another party which will be lawful and the party to whom offer is made will accept the proposal when accepted becomes promise.
The cause of promise is consideration. Without consideration contract is void. Consideration is unlawful when: Every parties involved in the contract should be mentally sound and competent for the contract.
Followings are the persons who are incompetent for the contract: Free consent means both parties agree upon the same thing. Consent of both parties must be free.
The consent should not be obtained from: There should be lawful objective in contract. This means the purpose or design of the contract must be valid. Objective will be unlawful if: The meaning must be certain according to section Contracts must not be vague.
If it is vague, it cannot be enforced. A contract must be written and registered.LO3: Understand principles of liability in negligence in business activities. Contrast liability in tort with contractual liability.
Each liability is based on the liability for failure to observe a duty imposed by law. Liability to a person in negligence for damage depends upon the existence of a duty of care. Although a person’s negligence may have unending consequences, the law has always sought to limit the scope of the tort of negligence so as to make the system workable.
LO3: Understand principles of liability in negligence in business activities Contrast liability in tort with contractual liability AC Explain the nature of liability in Negligence AC Explain how a business can be vicariously liable AC LO4 Principles of liability in negligence in Business Situations The elements of the tort of negligence and defence in different business situations The Employment Rights Act describes the rights and other issues of the employees of the firm.
principles of liability in negligence in business activities Contrast liability in tort with contractual liability Explain the nature of liability in negligence Explain how a business .
Aspects of Contract and Negligence for Business any relevant provisions in industrial awards or agreements working hours level of supervision Any other relevant factor, such as geographic isolation of the work location, duties which require working in close physical proximity, live-in arrangements, etc.4/4(9).