Aspects of Contract and Negligence for Business
Scenario: You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.
Case study 1
Jess advertised a second hand van for sale on a car trade website for £2650.00. Mr. Powell views the advertisement and call Jess to express his wish to buy the van. But due to the fact that he lives 600miles away he offered to come and buy the van after 3 days. Jess says that she would sell the van if any other customer wishes to buy the vehicle before Mr. Powell arrived. For this Mr. Powell agreed to pay £450 pounds in advance if Jess promises she would not sell for the next 3 days. Jess agrees to this.
Case study 2
Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.”
Task 1: LO1 (LO1.1, LO1.2, LO1.3), M1
Considering the Case study 1 mentioned above, define the legal meaning of the term ‘contract’ and explain the important elements of a valid contract. Identify and discuss the terms of offer and whether there has been acceptance of the offer. Identify the intention to create legal relations and the consideration of moving between the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect, and explain the factors that would impair the formation of a contract.
To achieve M1, the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain, analyse and make effective judgements about elements of contract.
Task 2: LO2 (LO 2.1, LO 2.2, LO2.3), D1
Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration, apply the elements of contract in given business scenarios. Apply the law on terms in different contracts and evaluate the effect of different terms in given contracts.
To achieve D1, the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties.
Assignment Brief B
Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 24th February 2014
Deadline/hand-in 20th June 2014
Assessor
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a report with reference to the case study given and compare and contrast liabilities. Give detailed explanation of the nature of liability in negligence and its effect on businesses.
Scenario: This scenario continues, as before, in Assignment Brief B. You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.
Case study 3
3. Adam advertises a reward of £1,000 for the first person to paddle across the English Channel in a bath, from Dover to Calais. Brian sees the advertisement in the news paper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay.
Task 3: LO3 (LO 3.1, LO3.2, LO3.3), M2, D2
Is Brian entitled to claim the reward? Taking this scenario into consideration, contrast liability in tort with contractual liability. Explain the nature of liability in negligence and explain how a business can be vicariously liable.
To achieve M2, the learner will be using the given business scenarios to apply the law on terms in different contracts while evaluating with evidence of two or more sources of information for each legal point in the assignment. To achieve D2, the learner will demonstrate the qualities of managing and organising responsibility in order to carry out activities.
Assignment brief C
Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 24th February 2014
Deadline/hand-in 20th June 2014
Assessor
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a detailed evaluation of torts, their nature, elements of tort of negligence and defences.
Scenario: This scenario continues, as before, in Assignment Brief B. You are working as a legal assistant for one of the senior partners in a local firm of solicitors. They have asked you to consider the following case studies and to prepare a report for each one. Your reports will require you to consider each set of circumstances and to express your recommendations, based on your knowledge of UK law.
Case study 4
One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his room when a masked man enters and threatens to harm him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the hotel gardener, who had stolen a master key to the hotel room.
Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan.
Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks
Task 4: LO4 (LO 4.1, LO4.2 4.2), M3, D3
Evaluate the accuracy of each of the seven statements ( A-G, below) individually, as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and defences and apply the elements of vicarious liability in these situations.
Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a safe working environment.
Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.
Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957.
Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act 1984 because of its warning notice.
Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.
Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his designer swimming trunks.
Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery.
To achieve M3, the learner is able to organise their views in a logical and coherent manner that is appropriate for familiar and unfamiliar audience and be able to convey the prevailing legal judgements in a clear and relevant format. To achieve D3, the learner will be able to use analytical and creative thinking with a broader understanding of the business environment while identifying its relevance to law.
Evidence checklist Summary of evidence required by student Evidence presented
Task 1a,1b
and Task 2 Produce a detailed report showing understanding of the different contract law and the rights and responsibilities for both businesses and customers who are linked to them. The report should present evidence of the learner’s knowledge of the solutions in case of a breach of contract. The report for Task 1a,1b & 2 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and chart where applicable, to support your report.
Task 3 Evaluate the purpose and elements of torts of negligence, defences and elements vicarious liability, using your knowledge and research in this area of law. You should be able to apply this knowledge to the situations mentioned in the task. Your evaluation for Task 3 must comprise a word count of 1000 with +/- 10% margin. You may use examples of real legal cases, tables and char where applicable, to support your evaluation.
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