Professional Documents
Culture Documents
Unit 5
Unit level
Unit code
Y/601/0563
Qualification
Term Start Date
29/02/2016
Submission Deadline
15/07/2016
Lecture
Revision Clinic
Module Leader
Lecturer
15Weeks
3 Weeks
Mr. Daniel Oluwatayo
Dr Larry Jones-Esan
1|Page
Table of Contents
1.
Introduction.......................................................................................................... 3
2.
Aim....................................................................................................................... 3
3.
Key Objectives..................................................................................................... 3
4.
5.
6.
Unit Content......................................................................................................... 5
7.
Teaching Plan....................................................................................................... 7
8.
Teaching Ethos................................................................................................... 15
9.
Methods of Delivery:.......................................................................................... 15
10.
Plagiarism....................................................................................................... 16
11.
Assignment brief............................................................................................. 17
12.
13. Glossary of academic words used in the assignments. .Error! Bookmark not
defined.
2|Page
1.Introduction
The unit introduces the law of contract, with a particular emphasis on the formation and
operation of business contracts. Learners are encouraged to explore the content of these
agreements and then develop skills relating to the practical application of business contracts,
including offer, acceptance, intention, consideration and capacity. Relevant case law examples
will be covered. Learners will consider when liability in contract arises, the nature of the
obligations on both sides of the contract, and the availability of remedies when a contract is not
fulfilled in accordance with its terms.
Additionally, the unit will enable learners to understand how the law of tort differs from the law of
contract and examine issues of liability in negligence relating to business and how to avoid it.
2.Aim
The aim of this unit is to provide learners with an understanding of aspects of the law of
contract and tort and the skill to apply them, particularly in business situations.
3.Key Objectives
1. Explain the essential elements of a valid contract in a business context
2. Apply the elements of a contract in business situations
3. Explain the principles of liability in negligence in business activities
4. Apply the principles of liability in negligence in business situations
3|Page
Definition of a contract
the meaning of consideration, the intention to create a legal relations, the doctrine of privity
4|Page
types of contract
define the various contractual terms :condition; warranty; innominate term; express; implied;
exclusion clauses and their validity
contents of a standard form business contract, analysis of terms, the effect of terms
the conditions necessary for an action in negligence to succeed duty of care, breach of
duty of care, damage causation and remoteness
Liability - employers liability, the vicarious liability, health and safety issues
application of the relevant principles of negligence and regulatory and case law to business
scenarios
6.Unit Content
Understand the essential elements of a valid contract in a business Context
Essential elements: offer and acceptance; intention to create legal relations; consideration;
capacity; privity of contract;
Types of contract: face to face; written; distance selling; impact
Types of terms: condition; warranty; innominate term; express; implied; exclusion clauses and
their validity
5|Page
6|Page
7.Teaching Plan
Unit 5: Aspects of Contract and Negligence for Business
Wk
1
Lecture Schedule
Outcome of session
Activity/seminar and
Introduction to Aspects of
formative assessment
Ice breaking, getting to
for Business
2
Essential elements of
After completing this session the learner will be able to explain the
questions,
Reading, review of
questions, group
acceptance
3
Resources
Handbook
Lecture power points
White board
Lecture power points
White board
discussion, presentation.
After completing this session the learner will be able to explain the
review of questions,
White board
Consideration
discussion, presentation
Listen, reading, review of
questions,
relations
Capacity
7|Page
their impact
questions, group
Type of terms
terms, Conditions,
legality of exemption
6
clauses
Application of Elements of
After completing this session the learner will be able to apply the
Power points
a valid contract
questions, group
White board,
Case studies,
Internet
After completing this session the learner will be able to review the
questions, group
White board
exclusion clauses
contractual terms.
Question and answer
8|Page
Module booklet
Discharge of contract
Power points
Breach of condition,
White board
study
Internet, Videos
terms,
Remedies, damages
Tort
Power points
Negligence
White board,
answer
Module booklet
contract
Module booklet
After completing this session the learner will be able to explain the
questions
Reading listen and ask
Power points
10
questions, homework
11
Damage
Module booklet
Power points
questions, homework
White board, mo
9|Page
12
13
14
15
16
Liability
Power points
Employers liability
Vicarious liability
study
work
After completing this session the learner will be able to apply the
Module booklet
Power points
discussion group
White board,
principles
presentations, home
Module booklet
Vicarious liability
action of negligence
After completing this session the learner will be able to apply the
work
Case study, Group
Power point
Assessment
discussion group
White board
presentations, home
Use of internet
work
Group discussion
Power points
White board,
Practical group
Module booklet
White board, Internet
discussion, questions
Module booklet
Review of task 4
Revision
17
18
and answer
Practical group
guidance
discussion, questions
and answer
Discussion, questions
guidance
Recommended text and links
Learners should use the latest edition if available.
Textbooks
10 | P a g e
and answer
Adams A , (2010), Law For Business Students, 6th edition, Pearson Education Ltd, ISBN9781408278802
Elliot C and Quinn F (2009), Tort Law, Longman, ISBN: 9781405899338
Horsey K and Rackley E (2009),Tort Law, OUP Oxford, ISBN: 9780199216376
Maclntyre E, (2011), Essentials of business law, 3rd Edition, Pearson Education Ltd ISBN 9781408278765
McKendrick, E,(2008),Contract Law: Text, Cases, & Materials: Text, Cases, andMaterials (OUP Oxford, ISBN: 9780199208012
Peel E and Treitel G H (2007),Treitel on the Law of Contract, Sweet and MaxwellISBN: 9780421948402
Riches S and Allen V (2011), Keenan and Riches Business Law, 10th Edition, Pearson Education Ltd, ISBN 9781408278839
Journals
Law Society Gazette (The Law Society)
New Law Journal (LexisNexis Butterworths)
Websites
http://www.e-lawresources.co.uk/
www.bailii.org/
11 | P a g e
http://www.tradingstandards.gov.uk/
http://www.bis.gov.uk/policies/consumer-issues
www.hmso.gov.uk/acts/acts2001.htm
Wk.
1
Session Update
2
3
4
5
12 | P a g e
Date
Signature
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
13 | P a g e
14 | P a g e
Lecturer:
Campus:
Contact details:
Assessment:
The module will be assessed meeting all the LO as specified by the awarding body, Ed
Excel.
Please read the instructions carefully while addressing the tasks specified.
Contribution: of the module
Outline Details: Details enclosed in the assignment brief.
Teaching and Learning Activities
The module tutor(s) will aim to combine lectures with tutorial activities. This environment will
provide opportunities for the student to understand the course material through case study and
text and to apply it in a practical way. The intent is to facilitate interactive class activities, and
discussion about the significant role of research in a global and local business environment.
8.Teaching Ethos
The colleges approach towards teaching and learning is simple and effective. The main aim of
UKCBC is to assist learners in maximising their potential by ensuring that they are taught clearly
and effectively. This will enable students to engage in the learning environment and promote
success in both their academic studies and subsequent career.
9.Methods of Delivery:
LECTURES:
These will be developed around the key concepts as mentioned in the indicative course content
and will use a range of live examples and cases from business practice to demonstrate the
application of theoretical concepts. This method is primarily used to identify and explain key
aspects of the subject so that learners can utilise their private study time more effectively.
SEMINARS:
These are in addition to the lectures. The seminars are designed to give learners the
opportunity to test their understanding of the material covered in the lectures and private study
with the help of reference books. This methodology usually carries a set of questions identified
in advance. Seminars are interactive sessions led by the learners. This method of study gives
15
the learner an excellent opportunity to clarify any points of difficulty with the tutor and
simultaneously develop their oral communication skills.
CASE STUDIES: An important learning methodology is the extensive use of case studies. They
enable learners to apply the concepts that they learn in their subjects. The learners have to
study the case, analyse the facts presented and arrive at conclusions and recommendations.
This assists in the assessment of the learners ability to apply to the real world the tools and
techniques of analysis which they have learnt. The case study serves as a supplement to the
theoretical knowledge imparted through the course work.
10.
Plagiarism
Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies
regulations. In this context the definition and scope of plagiarism are presented below:
Plagiarism is presenting someones work as your won. It includes copying information directly
from the web or books without referencing the material; submitting joint coursework as an
individual effort; copying another students coursework; stealing coursework form another
student and submitting it as your own work. Suspected plagiarism will be investigated and if
found to have occurred will be dealt with according to the college procedure. (For further details
please refer to the plagiarism policy and the student code of conduct.)
Assessment:
The module will be assessed meeting all the LO as specified by the awarding body,
Pearson Ed Excel.
Please read the instructions carefully while addressing the tasks specified.
Contribution: 100% of the module
Outline Details: report approx 4000 words. Details enclosed in the assignment brief
16
11.
Assignment brief
Unit 5
Unit code
Y/601/0563
Qualification
HND in Business
22/02/2016
Assignment/hand-out
date
29/02/2016
Deadline/hand-in date
15/07/2016
Assignment title
17
by means of
i.
face to face
ii.
written contract
iii.
1.3 Give an analyses of the following terms in contracts with reference to their
meaning and effect (including remedies and damages) as it may apply to Peter
Abraham.
i.
condition
ii.
warranty
iii.
innominate terms
iv.
Please note the key underline words are significant and must be
addressed in your answers
18
Fogarty, Inc., a large IT firm. Devi was independent and wished no interference
by his well-known father. The firm, after several weeks deliberation, decided to
hire Devi. They made him an offer on April 12, 2015, and Devi accepted. Preston,
unaware that his son had been hired and concerned that he might not be, mailed
a letter to George on April 13 in which he promised to give the IT firm 150,000
contract if the firm would hire his son. The letter was received by George, and the
firm wishes to enforce it against Preston. Can George enforce the promise? Why?
Explain using cases and /or statutes to support your answer
The
restaurant is refusing to refund the man stating that there was a clear notice on
the back of the receipt which excludes them from any liability. Can the restaurant
rely on the exclusion clause contained on the receipt? Explain using cases
and /or statutes to support your answer
Case 4 Implied term
Aaron rented a warehouse from Zehphra which had not been occupied for a long
period and had fallen into disrepair. Aaron made significant improvement to the
warehouse. Zehphra promised Aaron that he will not increase the rent for the
next 5 years. After a year Zehphra died by then the value of the property have
increased in value partly due to the repairs carried out by Aaron. Yeti inherited
the property and immediately increased the rent. Aaron refused to accept the
increase claiming that Zehphra promised the rent will not increase for a 5 year
period. Yeti terminated the tenancy and Aaron has now submitted a bill claiming
compensation for his expenses. Yeti is refusing to pay stating there was nothing in
the tenancy agreement stating that such compensation was payable. Is Aaron
19
20
21
in his house.
Advice the widower of Mr Brown using cases and /or statutes to support
your answer
a) When can the hospital be held responsible for negligence
b) When can the hospital not be held responsible for negligence
4.2 Apply the elements of vicarious liability in given business situations below;
Case 8
A driver working for an executive chauffeur company was sent to pick up a client
at the airport. While waiting for the flight to arrive the driver decides to have few
glasses of alcohol. On his way from the airport to the clients hotel he crashed into
a lamp post and the client suffered serious injury. The investigation concluded
that the driver was over the drink driving limit.
The client is now suing the chauffeur company. Is the chauffeur company liable
for the drivers negligence?
Explain using cases and /or statutes to support your answer
Case 9
Mr Jones, of Billericay in Essex, was works as delivery driver for a supermarket.
One morning while loading pallets into his truck he slipped on the tail gate and
the pallet fell over and injured another colleague. The injury was so severe that
the colleague was left with a torn rotator cuff which required surgery and months
of rehabilitation with a physiotherapist. The colleague is now suing the
supermarket for damages. The supermarket is arguing that, at the time of the
accident, responsibility for health and safety had been delegated to another
company.
Explain using cases and /or statutes to support your answer whether the
supermarket is or is not responsible
Criteria
Reference
1.1
Achieved?
(tick)
22
1.2
1.3
requested
analyse terms in contracts with reference to their
2.1
2.2
2.3
scenarios
apply the law on terms in the given contracts
evaluate the effect of different terms in the given
3.2
contracts
contrast liability in tort with contractual liability
explain the nature of liability in negligence
3.3
4.1
3.1
12.
Contextualisation grid to achieve higher
grade
Outcomes/criteri
a:
Indicative
characteristics
Effective judgements
have been made
Merit
Description:
M1. Identify and
apply strategies
to find
appropriate
solutions.
23
M2. Select/
design and apply
appropriate
methods/
techniques.
A range of sources
of information used.
Appropriate
structure and
approach has been
used.
Technical language
accurately used.
D2. Take
responsibility for
managing and
organizing
activities.
Autonomy/independ
ence demonstrated
D3. Demonstrate
convergent,
lateral and
creative thinking
Convergent and
lateral thinking have
been applied
Distinction
Description:
24
11.
Account for
Analyse
Argue
Compare
Contrast
Critically
evaluate
Define
25
Describe
Discuss
Distinguish
Evaluate
Examine
Explain
Identify
Illustrate
Interpret
Justify
Outline
Prove
Relate (Two
meanings)
connected.
2. Tell a story. Explain something in a narrative
fashion.
Review
State
Summarise
To what
extent
Trace
27