ASPECT OF CONTRACT AND NEGLIGENCE FOR BUSINESS
INDIVIDUUAL WRITTEN ASSIGNMENT ON ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINES.
YOU ARE LEGAL REPRESENTATIVE WHOSE LEGAL ADVICE HAS BEEN SOUGT BY A NUMBER OF (FICTITIOUS) CLIENTS WHO HAVE BEEN AFFECTED BY THE ACTIVITIES OF VAROIUS( FICTITIOUS ) BUSINESS. In each case you have been asked to clarify the relevant legal principles, apply the same, and advise your clients as to the likelihood of bringing a successful claim in the courts.
You are required to fulfil the following tasks. Each answer must address the task, and provide analysis and application with reference to relevant case law and statutory provisions.
Understand the essential elements of a valid contract in a business context( Question ,onOffer acceptance and consideration)
- explain the importance of the essential elements required for the formation of a valid contract
- discuss the impact of different types of contract
- Analyse terms in contracts with reference to their meaning and effect.
An effective approach to study and research has been applied using appropriate examples from relevant case law and scholarly sources. Conclusions have been arrived at through synthesis of ideas and have been justified.
ARBOS IS A DEPARTMENTAL STORE WHICH SPECIALISES IN SELLING HOUSEHOLD GOODS. ITS PRODUCT ARE KNOWN TO BE OF GOOD VALUE AND HENCE FROM TIME TO TIME, THE STORE RUNS OUT OF STOCK DUE TO THE FACT THAT THE DEMAND FOR ITS GOODS SOMETIMES surpasses the stocks available . Ben who had been planning to replace his TV set walked into one of their stores and was quite pleased to see particular mark and model which he was interested in. What was even more pleasing for Ben was the price on note on the TV set which read.
Task 2 Question on express and implied terms including exclusion clauses Be able to apply the element of a contract in business situations
2.1 apply the element of contract in given business scenarios
2.2 apply the law on terms in different contracts
2.3 evaluate the effect of different terms in given contracts. Conclusions and providing practical advice
Carol has also approached you on another issue still concerning ARBOS the departmental Store. She visited the store to replace her laptop with a more modern up to date one. The sales assistant was quite helpful and answered her questions relating to a particular brand that she was interested in an convinced her to purchase the laptop on credit for 12 months. The sales assistant informs her that she was expected to sign a standard form contract as this was the standard procedure which she did without reading it.
When Carol started using the laptop it worked alright for about a week but stop working there after. She got an expect to have alook at it and was informed that there was a major technological fault with the laptop which would cost a lot of money to repair . She takes the laptop back to ARBOO and asks for a replacement but is informed the she is liable to pay for the cost of repairing the laptop and even if she chooses not to have the laptop repaired she is bound for the 12 months period of the contract that she signed .The sales assistant pointed out clause 8 of the contract that she had signed , which states:
ARBOS accepts no liability for the replacement or repair of faulty products. In all circumstances the customer must bear the cost of either replacing or repairing any faulty product and is bound by the terms of this contract for its full duration.
Carol has sought your advice as to whether she can force ARBOS to replace /repair the laptop and whether she is bound by the 12 month contract. In giving advice you should focus on the relevant common law and statutory provisions protecting consumers who purchase goods from businesses.
Task 3 Question on duty of care , breach of duty and causation
Understand principles of liability in negligence in business activities
3.1 contrast liability in tort with contractual liability
3.2 explain the nature of liability in negligence
3.3 explain how a business can be vicariously liable.
Self -evaluation has taken place when evaluating the strengths and weaknesses of legal argument
David was a passenger on ‘Express lines’, a popular bus company. The bus was involved in a crash due to the fact that the driver who had been driving for seven hours continues was sleeping on the wheel. It was company policy the drivers must park and take a short break after five hours of driving but the driver had not followed the rule. David suffered broken legs as a result of the crash and has not been able work for two months and hence has lost a significant amount of income besides his personal injury.
David now wishes to bring a claim in negligence and seeks your advice as to his chances of success against the driver or the Bus Company. In giving your advice, your are expected to analyse what he needs to establish in older to succeed in his case.
Task 4 Question on occupiers liability and defences
4.1 apply the elements of the tort of the negligence and defences in different business situations 4.2 apply the elements of vicarious liability in given business situation. Conclusions providing practical examples
Elena was invited to a job interview with ‘’Bell Hotel. On entering the building, which was owned and occupied by ‘’Bell hotel’. she fell over due slippery floor at the reception area. There were no warning notices advising visitors to the building to take carer due to the slippery floors. Sue has sought your advice as to the possibility of bringing a claim against ‘’ Bell Hotel’ under occupiers ‘ liability legislation. However, she is worried because she is taking medication for a virus and the medication should only be taken with food : she took the medicine on the day of the interview without foods and feels this may have contributed to her falling over on the slippery floor in the Hotel. Advice Elena as to any action that can be brought under legislation relating to occupiers’ liability and how her case would be affected by her taking the drugs without food.
Standart and commonly used type face such as Times Roman and Arial should be used, Harvard system must be in your own words an sources., Check for plagiarism.