Unit 5 ACNB Assignment help online
Introduction
A contract is created when two or more parties get together to establish a legal partnership for a specific goal. A contract that has been drafted in this way has a number of stipulations that the parties have agreed upon in advance. If the terms are not followed, a breach of contract results, with varied consequences depending on how important each item is. The breach that resulted in this under tort and contract must be distinguished. It is also necessary to study the many violations covered by the tort in order to comprehend how civil laws are affected by them.
Task 1:
1.1: Explain the essential elements required for the formation of a valid contract.
Each contract is created according to a set process. As a result, in order for a contract to be considered valid, it must contain a specific set of elements. The following are crucial components that must be included when creating the contract.
The offer is considered to be when the offeror makes a remark encouraging the offeree to think about the conditions of the contract. It should outline the contract’s main goals and how fulfilling them will affect the world. Clarity and simplicity should be present in the language. The offer should be distinct from the invitation to make an offer and be unambiguous. The invitation meant that once a suitable offer was made and approved by the party requesting offers, the intention was to construct a contract.
The terms of the invitation to offer, which comes before the actual offer, are not legally binding. An advertising in the newspaper titled Partridge v. Crittenden may serve as the invitation to offer. (Adams, 2008)
Acceptance occurs when the party accepts the terms laid out in the offer. The same should be made for the full offer and be easy to understand. The offeree’s approval to enter into a contract is obtained through the acceptance. When only a portion of an offer is accepted, this is referred to as a counter offer. Carbolic Smoke Ball Co. v. Carlill Up until the final offer is accepted by the party, the counter offer is a part of the negotiating process.
The offeree may take into account any communication channel that he deems appropriate under the terms of the contract when deciding whether to accept. The postal rule stipulates that when a letter is posted, the acceptance takes effect. Unit 5 ACNB Assignment help online
When drafting the contract, it’s crucial to add anything worthwhile. The parties’ losses from being a part of the contract are recovered through the exchange of values. This would enable the parties to remain where they were before to the contract’s creation as it neared its conclusion. The consideration amount must be sufficient to bind the contract, present in nature, and free from obligations. 2011 (Andrews) Consideration means that the harm inflicted is being made up for Currie v. Misa.
The parties should make sure that they have a clear understanding of their intentions before entering into a contract. When determining whether a contract can be enforced in the event of a breach, the intent of the contract is helpful. The business contract without mentioning the same would be the deal that might be enforceable under the law. Unit 5 ACNB Assignment help online. The social contracts need to be evaluated to see if the parties’ intention to make the law enforceable was successful. As a result, the contract’s intent directly affects the enforceability of the agreement. According to the relationship between the parties, the contract’s intention shall be ascertained. This has been defined in light of the social and business contracts under Balfour v. Balfour.
If the parties are not of legal age when the contract is made, it is not regarded as a valid contract. The legal age of consent, which is 18 years old, and the financial competence to enter into a contract determine the capacity of the parties to the agreement. If the parties lack the legal ability, the contract may be declared null and void.
1.2: Explain and discuss the different types of contract
A person performing the act is said to have accepted the contract in a unilateral contract, also known as a “offer to the world,” in which the offeror makes the offer to the world. Bilateral contracts are defined as those when the parties just propose an offer, which is promptly accepted. In such contracts, all parties are equally invested and have the same goals for the agreement. (Finch, 2007).
Unit 5 ACNB Assignment help online
The presence of consideration is not necessary for contracts made in this way under seal. This is because the seal serves as sufficient assurance to carry out the contract, and a violation would be acknowledged even in the absence of monetary compensation. The basic components of a contract, such as offer, acceptance, consideration, intent, and capacity, are all included in simple contracts. It comprises minimum terms and is simple to accomplish and fulfil. Simple contracts are also ones that aren’t covered by a seal and come in a variety of forms, including written and oral agreements. Written contracts are those that have been made through written format.
These contracts are those in which the offer is made in writing to the offeree and the contract is approved by the exchange of permission signatures. However, if the terms are explicit, it may occasionally be necessary to request signatures. These contracts are simple to prove in court. the agreement that is verbal in nature simply and not in writing. The contracts have all the components of a typical contract, but they are more difficult to enforce because it is unclear when the conditions will be broken. The parties may occasionally stipulate the details of the agreement in person. These contracts are referred to as face-to-face contracts when they are signed with the other party present. The essentials of a typical contract are present in these typically oral agreements. Distance selling contracts are those that are made between parties who are not present in front of one another at the moment of contracting. Parties form these agreements using the mail, advertisements, letters, or the internet. When creating the contract, the seller is required to provide the buyer with the details. (Meyer, 2010).
Task 2:
2.1: Apply the law on essential elements to the scenario
Unit 5 ACNB Assignment help online
According to the case study, the City Car Dealers had invited those who were interested to perform the act specified in the advertisement in order to establish contact. This kind of offer is considered to be the world’s offer because it is explicit in identifying the intention to create a contract upon performance of the act and expressing the same by informing about the positioning of the automobiles at the showroom to be examined prior to making the contract. The offer has been made with the intention of holding a contest in which the winner would receive an automobile. One such consumer, Abel, declares his willingness to follow the advice provided in the advertising.
Task 3: Unit 5 ACNB Assignment help online
3.1: Contrast liability in tort with contractual liability
Civil liabilities are those resulting from this type of contract or tort duty. These liabilities are both comparable to and distinct from one another. When a duty is broken, both liabilities must be strictly fulfilled because there is no getting out of them. The multiple series of events that gave rise to the various obligations are listed below:
In a contract, the violation of duty affects the right in personam, whereas in a tort, it affects any member of society.
In a contract, the violation of duty affects the right in personam, whereas in a tort, it affects any member of society.
In contracts, the compensation for the loss is previously discussed, in contrast to tort law, where the compensation varies from case to case. (Bell, 2013)
While damages under tort law are not liquidated, they are in contracts.
As there is no premeditated relationship or arrangement, the terms of a breach of a contractual duty are considered within the terms of the contract rather than between the parties in a tort case.
While the responsibility under a tort extends to society, the duty under a contract only extends to the contracting party. (TAN, 2008)
Task 4: Unit 5 ACNB Assignment help online
4.1: Apply the elements of the tort of negligence and possible defences
The couple had agreed to go to the restaurant to eat, according to the case study. The restaurant’s chef was warned not to use ingredients that were past their expiration dates when making the food. But he continued to do so, and after the wife had eaten the dish that had been made in this manner, she became ill, was startled, and contracted an illness. It was concluded that the chef was continuing to execute an act for which the restaurant had issued a warning not to do so. The identical directive would count as official business. The chef in the case study that was supplied worked for the restaurant. As a professional, the chef owes it to the customers to serve food of a certain calibre. The chef would have a duty to serve restaurant patrons as an employee of the establishment. The dish was in the restaurant’s name because the couple was a patron of the establishment. As a result, it would be the restaurant’s job to guarantee that the food being served is of a high grade. The restaurant considers the chef to be an employee, and as an employer, the restaurant will be responsible for any actions taken by the chef while doing their duties. Because the negligence tort of disregarding the expiration date occurred at work, the restaurant will be held vicariously liable for it. Since the products were used to prepare the cuisine for restaurant patrons, this activity falls under the definition of regular employment. Therefore, when the consumers had their food, they were already restaurant patrons. As a result, the breach of the restaurant’s duty of care makes such patrons vicariously liable. This would make the restaurant solely liable for any damages incurred as a result of the breach. According to the ruling in Rose v. Plenty, the act of breaching a professional duty cannot be too far removed from those obligations in order to give rise to vicarious liability. The responsibility for the incident is deemed to have occurred while performing professional activities because the expired materials were used to prepare dishes that were served to the clients. In this case, the restaurant would be held vicariously accountable for the couple’s loss as a result of the provision of subpar services. (Bell, 2013)
Conclusion:
A contract is an agreement between the parties to exchange goods and services in order to achieve the intended result that is advantageous to both sides. This association could be either a social or business one. However, the components of these contracts are typical and uniform. These clauses are examined in light of how the contract is being performed in order to determine the severity of the violation. To distinguish between the two liabilities, the outcome of a breach of the duty of care in tort is established. To better comprehend the meaning and consequences of the breach that results in the responsibility, various contract kinds and liabilities are explained.
References:
Books:
Adams, A. (2008). Law for business students. Harlow, England
Andrews, N. (2011). Contract law. Cambridge: Cambridge University Press.
Meyer, L. (2010). Non-performance and remedies under international contract law principles and Indian contract law. Frankfurt am Main: P. Lang.
Collins, H. (2008). Standard contract terms in Europe. Alphen Aan Den Rijn: Kluwer Law International.
Vettori, S. (2007). The employment contract and the changed world of work. Burlington, VT: Ashgate Pub.
Giliker, P. (2010). Vicarious liability in tort. Cambridge, UK: Cambridge University Press.
Cooke, P. (2007). Law of tort. Harlow: Longman.
Journals:
TAN, S. (2008). Vicarious Liability. Internal Medicine News, 41(24), pp.36-37.
Morgan, P. (2011). Distorting Vicarious Liability. Mod. L. Rev., 74(6), pp.932-946.
Bell, J. (2013). THE BASIS OF VICARIOUS LIABILITY. C.L.J., 72(01), pp.17-20.
