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Contract and Negligence Law6 In next scenario where Charles

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  • "Contract and Negligence Law6 In next scenario where Charles interacts with David, it seems that the proposal has beenaccepted by the David that was made by Charles as he communicated timely by replying throughthe fax machine. David showed his consen..

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  • "Contract and Negligence Law6 In next scenario where Charles interacts with David, it seems that the proposal has beenaccepted by the David that was made by Charles as he communicated timely by replying throughthe fax machine. David showed his consent by using the words “Will you accept a cheque?” thisdeclaration is seemed to show consent and intention of making business. The proposal is said notbe lapsed as in case an offeree without accepting the proposal asks information or assesses theground in order to observe the possibility of the negotiation then it cannot be treated and namedas a counter offer. Thus, it does not abolish the proposal (Ayres and Ayres, 2012). If any counteroffer is made in reply to past offer by any other party at the time of bargaining or negotiations interms of the final contract. When a counter proposal is made, it rejects automatically the pastproposal and needs an acceptance from another party to the contract under the required terms andconditions of the counter proposal. This is the case of Bettini v Gye (1876). There are other scenarios which have been encountered by Charles before making a finalcontract. The interaction between Alistair and Charles cannot be observed as a contract becausethe acceptance by Alistair was made after receiving the information of its sale to Harriet. Thecommunication is an important part that makes the proposal a contract. On the other hand, theinteraction between Ed and Charles cannot be said as contract and it will remain a proposal ascommunication of the acceptance has not been made to Charles clearly. There was a mistake inthis regards on part of Ed where he misaddressed the letter which was not arrived on mentionedtime. This is considered as a condition and specific mode of performance of the proposal anduntil and unless, this condition is met up, the proposal cannot be said as accepted by the otherparty and hence it will remain a proposal. In this stance, he can accept or propose to others too interms of selling his Jaguar. Contract and Negligence Law7 In the given scenario, the only valid contract is between Charles and David where theproposal has not been cancelled or rescinded and it did not lapse too. In this scenario, Charles isnot entitled to sell his car to others. Application of Terms of Law on Different Contracts There is an absence of implied condition or warranty with respect to the fitness of goodsand services. It is a basic and general principle linked with caveat emptor where the buyer is saidto be aware himself. The appearance of clauses at the back of the tickets and on the door of thelocker room is all stipulations which relieve the party to the contract from any kind of legalconsequences. This is the case of exclusion clauses (Anson et al., 2010).In next scenario, there are expressed terms which must be agreed expressly by the partiesto the contract in order to make them the term of the contract. A very little amount of doubt ispresent about the intention of the parties with regards to performance and generally, there is aneed of record either in writing or by words. Express terms and clear and the contract is createdonce these terms are accepted by the parties to the contract (Schooner, 2011). Impacts of Terms In the scenario of Beth and Sarah, there are conditions and warranties. Both terms aredefined by the Sales of Goods Act (1930). At the breach of condition, the contract is terminatedwhereas, at the breach of warranty, only damages are claimed. In the case of any violation of thecondition, it can be termed as the violation of related warranty. On the other hand, in theoccurrence of a violation of the warranty, no impact is put on the condition. In the scenario of the Contract and Negligence Law8condition, the aggrieved party can claim damages and repudiate the whole contract. However, onhappening of breach of warranty, the aggrieved party can claim damages only.Task 3 Generally, there istotal of three types of organisations: partnership business, tradingbusiness and company. In sole trading, only one owner is present who is responsible for profitand loss. In a business organisation, the losses are borne by the entrepreneur by his personalassets. In partnership business, partners deal with loss and profit of the organisation. Partnershiporganisation and sole traders are required to notify NIC and IR agencies (Murray, 2011).Nature of Liability There are certain aspects which must be present. These are the presence of duty on part ofdefendant, there is a failure in performing that duty, injury has been incurred by the plaintiff andthe failure of the defendant in meeting up his duty can be judged prudently by nay reasonableindividual (Schwartz and Rowe, 2010). Vicarious Liability of Business It is truly an intricate job for the organisations to shut down all of the activities of thebusiness as suggested by the legislature of the country. It involves tax issues, financialramifications and personal relationships issues with customers, employees and suppliers. Allliabilities are required to be met up with all tax agencies, suppliers, buyers, customers andcreditors. The notifications are made and claims are settled (Schwartz and Rowe, 2010)."

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