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Contract Law Essay

5420 words - 22 pages

| 2013 |
| |
Assignment Cover Sheet
Qualification | Unit Number and Title |
Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits |
Student Name | Assessor Name |
Mukaram Khan Swati | Salman Haider |
Date Issued | Completion Date | Submitted On | Validity |
7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 |

Assignment Title | Contract and Negligence |
Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 |

Hand In Policy
You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly.
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2) Apply the law on terms in different contract. 18
Terms of Contract 18
Express Terms 18
Implied Terms 18
Terms of Contract in Employment Contracts 18
Expressed Terms in Contract of Employment 18
Implied Term in Contracts of Employment 19
General Implied Terms 19
Term Implied by Custom and Practice 19
Evaluate the Effect of Different terms in Given Contract 20
Task 3 22
Tort 22
Tort Law Liability 22
Tortious Liability 22
Contractual Liability 22
(3.2) Explain the nature of liability in negligence. 23
Nature of Liability in Negligence 23
(3.3) Explain how a business can be vicariously liable. 24
Vicarious Liability 24
Vicarious Liability in Business 24
Task 4 25
(4.1) Apply the elements of the tort of negligence and defences in different business situation 25
Elements of Tort Negligence 25
Elements of Tort Negligence In different business situation 25
Duty of care 25
Breach of duty 26
Factual causation (Direct Cause) 26
Damages 26
Defenses to Negligence 27
Contributory Negligence 27
Volenti non fit Injuria 27
Example 27
(4.2) Apply the elements of vicarious liability in given business situations. 28
Elements of Vicarious Liability in given business situation: 28
Conclusion 29
Reference List 30

Acknowledgement
I dedicate this assignment to my parents and teachers who helped me in making this assignment and helping me in all difficulties on all walks of life. I have shared all facts and information up to my best knowledge.

Research Method
The method I used in this assignment is Secondary.

Aims and Objectives
The main aim and objective of this assignment is to emphasize on Contract and negligence. How it is applicable in our daily life and what are its rules and regulations. Main thing is awareness of Contract and Negligence and all fundamental things regarding it, so that anyone can handle such cases in their daily life, either it is on a large scale or small.

Literature Review
This assignment was made possible by the help of different sources. These sources are, web, that includes (Wikipedia, Google, official law websites, ask.com, businessdictionary.com, bing.com, etc) other than that, books came in handy a lot (the laws of business communications, corporate management by James H.Crooks and the nature and basics of international market vol.3). The lectures given by all my tutors also act a vital role in the completion of this assignment. These resources helped me a lot.

Abbreviation List

Introduction
Contract is a common word which we hear often in our daily life. Contract is basically an agreement enforceable at law among two or more people or party. Agreement may be of building any skyscraper or even any little process, but the main thing is that the agreement in which laws are involved in then known as contract. An example from our daily life is the agreement of marriage where the couple signs the agreement based on different laws. Contract can...

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