Ac 14

43 %
57 %
Information about Ac 14
Education

Published on March 9, 2014

Author: Nordis512

Source: slideshare.net

ASPECT OF CONTRACTS AND NEGLIGENCE’S FOR THE BUSINESS S UBMITTED BY : S UBMITTED TO : DATE OF S UBMISSION 1

Executive Summary TAM‟s college has agreed to the proposal of NAMS marketing firm to in order to reach to other students with a dream of becoming one of the best educational institute in UK. TAM‟s also hired some legal advisors to reconcile the legal issues and secure the future risk against the institute. Nonetheless the management of TAM‟s college took legal activities founded mostly on the prime periods of the NAMS that asserted; if the NAMS does not consign the proper answer then will refund the advance and furthermore pay compensation of £1500. The TAM‟s college also was a victim of Vicarious Liability and had to pay the compensation to the injured employee. 2

TABLE OF CONTENTS Executive Summary ...................................................................................................................................... 2 Task 1............................................................................................................................................................ 4 1.1 Essential Elements of a Valid Contract .............................................................................................. 4 1.2 The Impact of Different types of Contract ........................................................................................... 5 1.3 Analysis of Terms in Contracts ........................................................................................................... 6 Task 2............................................................................................................................................................ 7 2.1 Application of the Elements of Contract ............................................................................................. 7 2.2 Application of the Law ......................................................................................................................... 8 2.3 Evaluation of the Effect of Different Terms ......................................................................................... 9 Task 3.......................................................................................................................................................... 11 3.1 Contrasting Liability in Tort with Contractual Liability ....................................................................... 11 3.2 The Nature of Liability in Negligence ................................................................................................ 11 3.3 Vicarious Liability in business ........................................................................................................... 11 Task 4.......................................................................................................................................................... 13 4.1 Application of the Tort of Negligence and Defences ........................................................................ 13 4.2 Application of Vicarious Liability ....................................................................................................... 14 Conclusion................................................................................................................................................... 16 References .................................................................................................................................................. 17 3

Task 1 1.1 Essential Elements of a Valid Contract All contracts are divided in portions and to fulfill a contract properly parties need to perform all the elements of the contract. There are seven elements of a valid contract. These elements are significant in order to make a valid contract. The essential elements of a valid contract are given below. Figure: Essential Elements of Valid Contract 1) Offer and Acceptance: Offer and acceptance in necessary to form a lawful contract and it offer us the initiation of a contract. After the offer, the parties engaged in the agreement need to accept upon the offer and thus form an agreement (Kennedy, R. D. & McMullen, S. Y. 1968). 2) Lawful Consideration: A mutual affirmation lead to a contract where the individual acknowledging the offer takes presumption founded on some lawful concern (DiMatteo, L. A. 1998). 4

3) Free Consent: To join in to a legitimate affirmation the two parties have to give their free consent, or the agreement will be directed as a null and void contract (Marsh, P.D.V. 2001). 4) Writing and Registration: An authorized indenture has to be in a writing pattern and recorded by the government administration to make the contract legitimate (Roberts, M. & Zahay, D. 2012). 5) Enforceable by Law: to make an agreement valid the agreement should be legalized and the agreement should be enforceable by law (DiMatteo, L. A. 1998) 6) Certainty: Every part of an agreement has to be certain so that each party is capable to identify the affairs considering the agreement (Marsh, P.D.V. 2001). 7) Possibility of Performance: A valid agreement must have the possibility of performance because if the affirmation cannot perform the activities then it will not be proposed as a valid agreement (1968Roberts, M. & Zahay, D. 2012). 1.2 The Impact of Different types of Contract There are many types of contracts that are; Implied Contact: Implied contract is such a contract where, a person behaves like he/she is the owner of any assets and tries to sell those assets. To go in to a valid contract all the parties should give free consent regarding the contract (Kennedy, R. D. & McMullen, S. Y. 1968). But in case of implied contract it will be proposed as a legitimate affirmation if one party does not give permission. Because the person who pretending to own the assets may be an agent of the real owner and the free consent of the real owner is not necessary. Contract under Seal: It is significant to assess the articles with closures and the parties are lawfully responsible to accept the outcomes of the affirmation after it is sealed (Chen L., Law S. and Lee S. 2003). The customary procedure of making an affirmation legit is the completing of the lawful item that is enforceable. 5

Executed Contact: It is a type of contract where the parties undergo and execute all the terms and conditions mentioned in the contract before forming the contract and no additional terms need to execute (Marsh, P.D.V. 2001). Express Contract: It refers to the contract where the agreements are made either orally or in a written format and the terms are acknowledged by the authority and focuses on the consent of the parties (Roberts, M. & Zahay, D. 2012). 1.3 Analysis of Terms in Contracts An agreement consists of many objectives. It is imperative that the parties must realize the distinct types of agreements, time span, and constituents which not only assists the parties to obey with the affirmation but furthermore assists to decrease affirmation costs (Roberts, M. & Zahay, D. 2012). In alignment to become the best educational institute in UK, they are going into affirmations with some agencies for their marketing and advancement causes and interpreting the lawful matters. The TAM‟s college is endeavoring to become one of the best informative institutes of UK. To pattern a legitimate affirmation there should be some dissimilarity amidst the swapping of terms between the parties and TAM‟s college is endeavoring to convey the dissimilarities. 6

Task 2 2.1 Application of the Elements of Contract The parties participating in a contract must respect the time span and the terms of the contract and if any of the party tries to breach the terms of affirmation then the party respecting the agreement can proceed to court and take lawful activities (Marsh, P.D.V. 2001). The basic elements of the contract with NAMS are: Figure: Basic Elements of Valid Contract NAMS took the contract of TAM‟s college to market their reputation so that they could become one of the best educational institutes and capture the student‟s attention. In an authorized legitimate agreement, offer is the initiation of a contract with another party and builds a formal relationship. To make a contract valid the terms and conditions provided by one party has to be accepted by the other parties taking part in a formal contract, or it will be advised as a void agreement. TAM‟s college agreed to the NAMS offer and decided to go in to a 7

formal contract with NAMS for one month and also paid the advance of £2500. Both TAM‟s college and NAMS formed a formal relationship and the contract was in a written form so that the contract may be enforceable by law. TAM‟s college has taken legal steps against the NAMS marketing firm because they were unable to deliver the promise and breached the terms of the contract. And as the contract was a formal one that is why TAM‟s college went to court for the legal assistance and the contract was enforceable by law. 2.2 Application of the Law The parties pledged in an affirmation give self-assurance and increase the terms and conditions of an affirmation (Marsh, P.D.V. 2001). Approach of the parties may disagree from the contract which was presumed to be in use as just a pre-declaration of a valid agreement and consequently not part of the contract. As two or more parties go into agreement then some crucial constituents arise that need to be suggested in order to make a legitimate agreement. Parties to an indenture chase only its terms, not by any secondary affirmations that may not be accomplished. To form a valid contract certain requirements are needed. Such as; Contract Includes Conditions and Warranties: The more imperative situation are describing "Circumstances", the lesser important situation are called "Warranties”. These constituents are so significant that without any one or supplementary position, the parties would not advance into the affirmation (Collins, Hugh. 1999). The affirmation itself motivates both the parties. The court examines at each case on its own merits. The court will address all the surrounding attenuating factors, encompassing the gravity of the penalties if the contract is held to be non-binding. Collateral Contracts: Collateral contract is a type of contract in which the terms and situation are routinely in a composing pattern as the base of the agreement. 8

Committees have been coordinated to find a security conference someplace to make the affirmation legitimate (DiMatteo, L. A. 1998). Where the affirmation have been conceived and suggested as to make certain to induce the main affirmation. 2.3 Evaluation of the Effect of Different Terms There are numerous terms adopted in the contracts and some of them are only for formalities and guidelines (Collins, Hugh. 1999). These are formation of affirmation and it is necessary to be in a writing pattern and the sealed. There are many types of guideline and it needs various types of formalities. Figure: Effects of Different Terms 9

The Up-To-The-Minute Observation In the scenario TAM‟s college has agreed to go into a contract with NAMS on the basis of their oral evidence that NAMS can help the TAM‟s college to promote their facilities within one month only for £6000. The TAM‟s college has established a formal contract between TAM‟s college and NAMS marketing agency. 10

Task 3 3.1 Contrasting Liability in Tort with Contractual Liability Tort and contact liability: Contract damages are established on deficiencies that are foreseen, while tort damages are compensatory. The regulation of tort and of contract is categorized as part of the "Law of Obligations", but the regulation of tort concerns to every detail that it is applicable to, while in the guideline of affirmation or in trusts obligation is "Voluntarily Assumed" (DiMatteo, L. A. 1998). 3.2 The Nature of Liability in Negligence 1. DUTY: The duty is an obligation of one individual to another individual; it is conceived pattern the communal yearns and convictions (DiMatteo, L. A. 1998). The glue of communal obligation is the threaded that binds humans to one another in congregations where preferences are proposed inappropriately if they contravene a pre-existing impulse and refurbish hurriedly. 2. Breach of Contract: It is the demeanour of the individuals to accelerate as a reckless one-by-one or party and not performing the affirmation periods and situation. This constituent suggests the pre-existence of a standard of correct demeanour to bypass enforcing undue dangers of impairment to persons (Roberts, M. & Zahay, D. 2012). Breach of agreement is the most important thing in the contract tort of negligence. NAMS has breached the affirmation when they have halted the advancement and trading of TAM‟s college for one week. 3.3 Vicarious Liability in business Vicarious blame means that any individual can be detained lawfully or can be accused for the undertakings of a distinct party or individual regardless of the aspect that somebody swamps no error in furtherance of the inattentive or tortuous acts (Leibee, B. 11

C. 1976). It is a doctrine of English tort guideline that imposes firm liability on employers for the wrongdoings of their workers. Usually, an enterprise will be held liable for any tort promised while a employee is carrying out their obligations (DiMatteo, L. A. 1998). In the assigned scenario the management of TAM‟s college was the victim of the doctrine of vicarious liability because the guard‟s family went to court and has taken lawful actions against the TAM‟s college. Though the administration and the supervisors were notified about the misfortunes and were furthermore suggested to wear correct apparel for the non-teaching employees to keep away from wounds. The TAM‟s college are compelled to pay the compensation because of the doctrine of vicarious liability and they denied paying the compensation to the staff because he was not paying any heed to the instructions. 12

Task 4 4.1 Application of the Tort of Negligence and Defences There are some elements of the tort negligence and defences in various business situations, they are given below Duty of Care: TAM‟s college employees were notified about the impairment and deficiency that the employees might face. The individual might owe an obligation of care to double-check that they do not suffer from any inapt damage. If such obligation is broken, a lawful liability is enforced (Leibee, B. C. 1976). TAM‟s college staffs were advised about the harm and deficiency that the workers might face. If such duty is broken, a lawful liability is enforced. An individual may owe a duty of care to ensure that they do not bear from any unreasonable damage. Potential sources of negligence Defence against Negligence • Inadequate protection • Use of faulty equipment • Poor selection of activities • Assumption of risk • Sudden emergency • An act of God Figure: Sources of Negligence 13

Potential sources of negligence are: Inadequate protection: Inadequate protection refers to negligent behaviour on part of the person who is unwilling to wear protective gears (Myer, J. W. 1978). Use of faulty equipment: Another potential source of negligence is the use of faulty equipment which can cause harm (John W. 2009)). Poor selection of activities: The undertakings that are beyond the capabilities of individuals or inadequate information of undertakings are poor assortment of activities (Emenike, E.U.I. 1989). Defence against Negligence: Assumption of risk: It is assumed that a person takes measure of the risks when engaging in activity (Emenike, E.U.I. 1989). Sudden emergency: Any act of immediate action to help the person in danger. Such as, attempt to rescue a person drowning in the water is an act of sudden emergency (John W. 2009). Tort Negligence Law: Tort of negligence law is a type of guideline in which it is founded and functioned in the realm of intentional tort guideline and the basic cause of negligence guideline, it is to command and fight back the workers from cuts related to their line (Myer, J. W. 1978). TAM‟s college‟s non-teaching employees were suggested to use defending apparel for their security. 4.2 Application of Vicarious Liability In this scenario the supervisors did not chase the directions and lead one of their staffs to blame without correct apparel. Supervisors have the inherent power to command over the employees and the supervisors were demanded to maintain the right apparel and correct keeping safe gears of the non-teaching staffs and they were supposed to instruct other staffs to do so (Kennedy, R. D. & McMullen, S. Y. 1968). The TAM‟s college regulated the wearing for college‟s non-teaching staffs in alignment to stay away from future misfortunes. Whereas the older supervisors have unseen the 14

principles and he has dispatched off an evening guard on obligation without the correct apparel. It is against the institute‟s benchmark. On the other hand, vicarious accusation means that any individual can be detained lawfully to accuse for the inattentive undertakings of a distinct individual. In this scenario the supervisors were negligent and have overlooked the instructions for the staffs. But the management of the TAM‟s college will be exposed to blame because of vicarious liability doctrine. The administration turned down the compensation payment to the worker because he was not following the principles of the TAM‟s college. But under the vicarious liability doctrine an employee may be defective but TAM‟s management will be lawfully to accuse for the staff‟s incorrect doing. 15

Conclusion TAM‟s college have dreaming of becoming the best educational institute within the UK and for this objective they were signing up marketing agencies and law firms to make the institute an all in all educational institute in UK. According to the scenarios NAMS marketing firm were unable to respect the terms and conditions of the contract with TAM‟s college and faced Legal actions. TAM‟s college also had to face lawsuits because the management has denied the compensation to the employee who got injured. 16

References Chen L., Law S. and Lee S. (2003) „business contract- the laws and regulation in practice‟– an empirical study, Business contract, Vol. 24 Issue 3, pp.299-318 Collins, Hugh. 1999. Regulating Contracts. New York: Oxford Univ. Press. DiMatteo, L. A. 1998. Contract Theory: The Evolution of Contractual Intent. East Lansing: Michigan State Univ. Press. Emenike, E.U.I. (1989). Safety Measures associated with Physical and Health Education Journals. Vol. 3, No. 1, vol. 48, no. 1, pp. 54-82. John W. (2009) „Business contract and negligence in practice‟ Journal, Vol. 7, No. 3, pp. 5-18 Kennedy, R. D. & McMullen, S. Y. 1968. “Contract Negotiation and Contract Theory”, Home Wood, Illinois: Richard D. Inrurin. Leibee, B. C. (1976). Tort Liability for Injuries to employees. Organisation and Administration. Philadelphia W.B. Saunders Company Journal Of Tort Law ,vol. 18, no. 1, p. 1. Marsh, P.D.V. 2001. Contract Negotiation Handbook: Burlington, Vt: Gower Myer, J. W. 1978. “Negligence in Contract and practice”, Delhi: Prentice Hall of India, 3rd edition. Okeke, C.N. (1988). Some Legal aspects of Organizations. A paper presented at a two day conference organized by the National Sports Commission, Enugu, vol. 13, no. 5, pp. 707-719. Roberts, M. & Zahay, D. 2012, Laws and Regulation in practice in Business, 6th Edition, Wadsworth Publishing Co, Belmont, USA. 17

Add a comment

Related presentations

Related pages

AGFEO

Die AGFEO AC 14 ist das ideale Einstiegsmodell in die Welt der ISDN Kommunikation. AGFEO´s kleine TK-Anlage bietet Ihnen alle Vorteile der modernen ...
Read more

Produktbeschreibung: AC 14

AGFEO Produkte sind länderspezifisch in Bezug auf Ausstattung und Protokoll. Ein Einsatz wird nur für das jeweilige Bestimmungsland empfohlen.
Read more

Agfeo AC 14 Phonie ISDN-Telefonanlage: Amazon.de: Elektronik

Agfeo AC 14 Phonie ISDN-Telefonanlage bei Amazon.de - Kostenloser Versand ab 29€. Jetzt bestellen!
Read more

Gebrauchskategorie – Wikipedia

AC-14: Steuern von kleiner elektromagnetischer Last: 60947-5-1: AC-15: Steuern von elektromagnetischer Last bei Wechselspannung: 60947-5-1: AC-20A AC-20B ³)
Read more

Agfeo AC 14 WebPhonie ISDN-Telefonanlage: Amazon.de ...

Wir haben für Sie eine Liste mit Hersteller-Service-Informationen zusammengestellt,für den Fall, dass Probleme bei einem Produkt auftreten sollten, oder ...
Read more

Agfeo AC14 pro ISDN-Telefonanlage: Telefonanlage ...

AGFEO AC 14 pro - ISDN Ter­mi­nal Ad­ap­ter - RS-232 - ISDN BRI S0: Günstigster Gesamtpreis. 140,99 ...
Read more

Aerotécnica AC-14 - Wikipedia, the free encyclopedia

The Aerotécnica AC-14 was a Spanish five-seat light helicopter of the 1950s, designed by Jean Cantinieau, based on enlarging his Nord Norelfe design.
Read more

Agfeo AC 14 pro web Preisvergleich - billiger.de

Agfeo AC 14 pro web ISDN Telefonanlage: 7 Angebote ab 160,53 EUR (Stand 28.12.2015). Preisvergleich mit TÜV-Zertifikat.
Read more

Wanderrucksäcke von Deuter

AC Lite 14 Art.Nr. 34601-3503. Deuter Aircomfort System . Anatomisch geformte, komfortabel weich gepolsterte Schulterträger. Das Rückennetz garantiert ...
Read more

Agfeo AC 14 WebPhonie Test ISDN-Anlage

3 Testergebnisse zu Agfeo AC 14 WebPhonie aus Stiftung Warentest, connect und MAC LIFE. 5 Meinungen und weitere Informationen zu ISDN-Anlagen bei ...
Read more