Professional Documents
Culture Documents
Course/Unit Information
Course Pearson BTEC Level 5 Higher National Diploma
Unit No. Unit 3
Unit Name Aspects of Contract and Negligence for Business
Unit code Y/601/0563
Batch SRG10-ACNB-ParagTikekar-1601
Instructor Information
Name
Email
Assignment Information
Full/ Part Assignment Full
Date Assignment Issued 10th January 2016
Date Assignment Due 06th February 2016
Student Information
(To be filled by the student prior submitting the assignment)
Name
Email
Date of Submission
Student Assignment covering form is an integral part of the assignment document and
should be submitted along with all submissions.
1
Student Declaration
I, hereby confirm that this assignment is my own work and not copied or plagiarized. It
has not previously been submitted as part of any assessment for this qualification. All the
sources, from which information has been obtained for this assignment, have been
referenced as per Harvard Referencing format. I further confirm that I have read and
understood the Westford School of Management rules and regulations about plagiarism
and copying and agree to be bound by them.
Student Name :
Date :
2
Name of the Assessor Mr. Parag Tikekar
Criteria Assessor
Achieved Feedback
Learning Outcomes Assessment Criteria (AC)
(Tick (Pass/M1/M2/M3/
Mark ) D1/D2/D3
LO 1
1.1 Explain the importance of the
essential elements required for the
formation of a valid contract
Understand the
essential elements of 1.2 Discuss the impact of different
a valid contract in a types of contract
business context
1.3 Analyse terms in contracts with
reference to their meaning and
effect
LO 2
2.1 Apply the elements of contract
Be able to apply the in given business scenarios
elements of a 2.2 Apply the law on terms in
contract in different contracts
business situations 2.3 Evaluate the effect of different
terms in given contracts
LO 3
3.1 Contrast liability in tort with
Understand contractual liability
principles of 3.2 Explain the nature of liability
liability in negligence in negligence
in business activities
3.3 Explain how a business can be
vicariously liable
LO 4
4.1 Apply the elements of the tort
Be able to apply of negligence and defences in
principles of liability different business situations
in negligence in 4.2 Apply the elements of
business situations vicarious liability in given
business situations.
3
Grade Descriptor Achieved ? Grade Descriptor Achieved ?
(Tick ) (Tick )
D3: Demonstrate
M3: Present and communicate convergent /lateral / creative
appropriate findings thinking
In addition to the PASS criteria, this assignment gives you the opportunity to submit evidence in
order to achieve the following MERIT and DISTINCTION grades
M1 Identify and apply strategies An effective approach to To achieve M1, you have to show
to find appropriate solutions study and research has through your work that you have
been applied identified appropriate strategies and
applied them to find solutions.
4
M2 Select / design and apply A range of sources of To achieve M2, you will have to use a
appropriate methods / information has been range of information in your work. You
techniques used have to select and elaborate appropriate
techniques and apply them to your work.
M3 Present and communicate The appropriate structure To achieve M3 you have to make a
appropriate findings and approach has been PowerPoint presentation/discuss and
used communicate your findings and
perspectives you have arrived to offer
appropriate solutions.
D1 Use critical reflection to Conclusions have been To achieve D1 you will have drawn
evaluate own work and justify arrived at through conclusions through self assessment and
valid conclusions synthesis of ideas and develop opportunities through critical
have been justified reflection of your work. You are
expected to arrive at conclusions on an
appropriate gap analysis.
D2 Take responsibility for Activities have been To achieve D2 you will have
managing and organising managed demonstrated that you have managed the
activities activities required to upgrade your work
and fill the gaps.
All Grades/ Results provided by assessor in this document are subject to validation
from Internal Verifier (IV) and final ratification from International Standard Verifier
(ISV) from the academic awarding body Pearson (Edexcel), and it is subject to change
if required.
General Guidelines
(Please read the instructions carefully)
1. Complete the title page with all necessary student details and ensure that the signature
of the student is marked in the declaration form.
2. All assignments must be submitted as an electronic document in MS Word to the
LMS (Use 12 Times New Roman script).
3. Assignment that is not submitted to the LMS by the prescribed deadline will be
accepted ONLY under the REDO and RESIT submission policy of Westford.
4. The results are declared only if the student has met the mandatory attendance
requirement of 75% and/or a minimum of 50% under extenuating circumstances
5
approved and ratified by the Academic Director. The student has to repeat the module
(with additional fees applicable) if the attendance is below 50%.
5. The assignment should not contain any contents including references cited from
websites like www.ukessays.com, www.studymode.com, www.slideshare.net ,
www.scribd.com.
6. Students can refer Wikipedia as a source of information, but the references cited
in Wikipedia has to be mentioned.
7. Submit the assignment in a MS Word document with the file name being:
First Name Last Name_ abbreviation of the subject.
Example: John Smith_ACNB.
The primary aim of this assignment 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
Scenario
You are expected to conduct an extensive research with particular emphasis on the formation and operation
of business contracts. You need 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. Please use relevant case law examples. You also need to consider when liability in contract arises,
6
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, you are required 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.
Assignment Task 1 :
The defendant made the highest bid for the plaintiff's goods at an auction sale, but he withdrew his bid
before the fall of the auctioneer's hammer. It was held that the defendant was not bound to purchase the
goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer
signified acceptance by knocking down the hammer.
1.1 What are the essential elements of a valid contract ? Explain their importance for the formation of a
valid contract by discussing the elements in Case 1.1 given.(AC 1.1 : Explain the importance of the
essential elements required for the formation of a valid contract)
Answer 1.1
A contract is a valid agreement between two parties. Contracts are also the basis of our daily activities. There
is a law that, if a contract has to be valid then it should have the following elements:
1. Offer: One of the party should promise or refrain from doing a specified action in future. In the above
case given, the defendant withdrew his bid before the fall of the auctioneers hammer. This was legal because
in the offer it was written that he can withdrew any time before the fall of the hammer.
2. Consideration: In exchange of price, something value was promised. The price must be something of
value, it may not be money whereas consideration may be some right, interest or benefit going to one party.
Instead of money the plaintiff offered goods.
3. Certainty: Both parties should have a clear understanding of the terms and conditions that is within the
contract and also agree to accept them. The contract clearly stated that the defendant can decline the auction
whenever he want before the auctioneer strikes the hammer.
4. Lawful Object: The object of an agreement must be valid. Object has nothing to do with consideration. It
means the purpose or design of the contract. The plaintiff was offering goods at an auction which the court
had not regard as an immoral or opposed to public policy or was it forbidden by law.
7
5. Legal Capacity: Everyone is not free to enter into a valid contract. Both the plaintiff and defendant were
not mentally minors, bankrupts.
The above mentioned elements are important for the formation of a valid contract. If anyone of them is
absent then the agreement does not becomes a contract.
Go through the given case 1.2 and answer the ACs 1.2 & 1.3
B supplied coal to MRC for many years without an agreement. MRC sent a draft agreement to B who filled
in the name of an arbitrator, signed it and returned it to MRC's agent who put it in his desk. Coal was ordered
and supplied in accordance with the agreement but after a dispute arose B said there was no binding
agreement.
1.2 What are the different types of contract ? Discuss the impact of different types of contract linking to the
given scenario of Brogden v MRC (1877). (AC 1.2 : Discuss the impact of different types of contract)
Answer 1.2
8
1. Bilateral: Both the parties have to promise something in return. This can be either abstaining from doing
something or to do something. This makes it more formal when something is promised in return for the
other.
In the above case of Brodgen v MRC (1877), Brodgen had supplied coal to MRC for an amount which MRC
agreed to pay.
2. Unilateral: This contract may not be very common, but it is a valid contract. 'Uni' means only one party is
obligated to either do or abstain from doing something. For example, when someone is rewarded only the
rewarded body had appraisal for performance or something which the business or organization had
promised.
In the above case, this does not come in action because both the parties had promised to do something.
3. Formal Contract: These contracts are more reliable because they are written documents with legal
formalities which makes them a useful source for future reference in case of any cheating, damage, etc.
As the formal agreement is good for future dealings, both the parties agreed to have a formal contract. The
document was drafted by the defendant and later sent it to the plaintiff. After the plaintiff received the
document send by the defendant, plaintiff altered the contract as per agreed and then send back to defendant
with some blanks which are to be filled in later.
4. Informal Contract: This is like agreeing or creating to a contract in an informal ways such as oral
agreement or verbal agreement. This is informal as there is no written or any documents for proof to be used
in future.
In the case of Brodgen v MRC, they had been dealing with each by supplying coal to MRC without any
documents which makes this an informal contract.
5. Void Contract: This is a contract which have not been valid or has some illegal subject, and terms and
conditions.
In the case of Brodgen v MRC, there was no such thing.
6. Voidable Contract: This is the opposite of void contract. Voidable contract is a valid contract. If one of
the party wants to void the contract, they can do it. For instance, if a contract is made with a minor, who
would not be legal enough to be obliged to take actions that the minor can void the contract.
In the case of Brodgen v MRC, both were legal and were adults to take their own decisions, but a dispute
happened between the defendant and plaintiff made the contract no more existed.
9
1.3 What are the terms in a contract ? Analyse them and explain the terms in the contracts with reference
to their meaning and effect. Research and give suitable examples. ( NOTE: give real cases and not
hypothetical ones). (AC 1.3 :Analyse terms in contracts with reference to their meaning and effect).
Answer 1.3
Terms which are in the contracts are statements that define the obligations and rights of each party. Terms
also contain the details which the parties which agreed between them about what is to be done, how it is
supposed to be and under what conditions. Terms can be conditions, warranties or implied etc.
Conditions are important in a contract because without it the parties cannot enter into a contract. So, to make
a condition incorrectly, or to break a condition which is regarded as a very serious matter that the wrong
party will be able to treat the contract as void or voidable.
When the term is warranty, the wrong party will only be able to seek financial damages of any loss suffered
and the contract will remain binding on both parties.
Implied contract means an agreement which is made by actions of the parties and not of written or spoken.
It is a contract which is to be drawn. It means, it doesn't have any written or verbal agreement.
The owners of the ship 'The Mihalis Angelos', gave the ship for rent to the defendant for him to use for the
carriage of cargo. On June 1st the ship was expected to load cargo and if the ship was not ready to load the
cargo then the defendant can cancel the contract if he wants to do.
The owners had no grounds for believing the ship would be ready to load in a specific time because it was in
10
Hong Kong and during that time it won't be ready. So, the defendant cancelled the contract because they
claimed that the contract was frustrating. At that time a bombing happened in a railway in Vietnam and the
ship was not ready till July 23rd .
Then the plaintiff brought an action against the defendants for their anticipatory breach. At trail, it was
argued that the defendant was allowed to avoid the contract on July 17th because of the breach of contract by
the plaintiff that is he had promised the ship would be ready to load on July 1st and there was no such
grounds.
The expected ready to load section was a condition despite the fact it had caused no loss to the defendant.
This classification is considered to be condition because of the need for commercial certainty in shipping.
The judge held that there was a breach of the term, but the breach was not so good in giving the right to
terminate the contract.
In this the plaintiff was a farmer who had a contract with the defendant regarding the defendants field. The
plaintiff worked hard each day on the fields. he had planted corn and barley on the fields. But just before it
was harvest the contract was terminated.
Then the plaintiff submitted a bill to the defendant regarding the money the plaintiff should get from the
defendant. The bill plaintiff submitted included money spend on seeds and additional money he should get as
per the contract. But the defendant was not ready to give the money and refused to pay stating that the
contract has been terminated and there is no need to pay it.
The case brought to the court and the court implied a term in the contract providing a compensation for the
seeds and other expenses and the work he did in making the crops grow. The term was implied as it was
usual practice for farming contracts to contain such a section.
11
LO 2 : Be able to apply the elements of contracts in a business situation
Assignment Task 2:
GO through the given case 2.1 below and answer the AC 2.1
An advert was placed for 'smoke balls' to prevent influenza. The advert offered to pay 100 if anyone
contracted influenza after using the ball. The company deposited 1,000 with the Alliance Bank to show
their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza.
2.1 Make use of the given business scenario in the (Carlill V Carbolic Smoke Ball Co ( 1893) and apply the
elements of contract. (AC 2.1 : Apply the elements of contract in given business scenarios).
Answer 2.1
Carbolic Smoke made an advertisement which promotes the company's 'smoke balls'. The purpose behind
the ad was to prevent influenza. Carbolic Smoke made an offer of 100 to anyone who makes contract with
influenza after using their ball. To prove their sincerity, Carbolic Smoke deposited 1,000 in Alliance bank.
There was a moment when a plaintiff bought their smoke ball but still had a contract with influenza. For the
above case, the elements of contract of contract are used.
1. Offer: In the above case, the offer is that 100 would be would be given to anyone who used smoke ball
but still have a contract with influenza.
2. Acceptance: When the offer is finished reviewing, then before agreeing to the contract have to check if
there's any risk and then agreeing to accept the offer is called acceptance of the contract.
In the above case, Carlill, the defendant had accepted the offer which the Carbolic Smoke had made. Even
though Mrs. Carlill use smoke ball, she still contracted influenza.
3. Consideration: It is necessary to give something in return of money that is to give right, promise or
benefit or anything which holds some value.
In this above case, the consideration was Mrs. Carlill didn't benefit from the product. So, therefore as
promised Mrs. Carlill was given 100. Carbolic Smoke was benefitted because most of the customers
purchased the product because of what the company had promised and because of the company's sincerity.
4. Certainty: It is good to have a mutual understanding between the both parties about the contract before
agreeing to it.
In the above case, the purpose of the product was to prevent influenza but even after using their product if
someone use influenza, they would be given 100. The contract made by the company was clear which didn't
give any way to confusion in agreeing which makes the contract valid.
12
6. Legality: The contract must be made only in legal ways and ensuring that the contract does not violate
any rules made by the country. The product must be checked to verify which would also cost if it is safe or
not or if it is violating any rules and regulations of the country.
In the case above, the court was in favor of Mrs. Carlill and Carbolic Smoke had to pay 100 as
compensation as they had told.
Go through the cases 2.2A and 2.2B and answer the AC 2.2
The defendant told the plaintiff, who required a horse for stud purposes, that the animal was 'perfectly
sound'. A few days later the price was agreed and, three weeks later, the plaintiff bought the horse.
The buyer of hops asked whether sulphur had been used in their cultivation. He added that if it had he
would not even bother to ask the price. The seller assured him that it had not. This assurance was held to
be a condition of the contract. It was of such importance that, without it, the buyer would not have
contracted.
2.2 What are the terms in different contracts ? Explain them and apply the law on terms in the given
contracts in case 2.2 A and 2.2 B .(AC 2.2: Apply the law on terms in different contracts).
Answer 2.2
Initial Agreement: In the case above, the condition of the case was that the plaintiff needed a horse for stud
purpose. Therefore, the horse would be perfectly healthy.
1. Offer: In the above case, the offer was that a sound horse was offered at a price.
2. Acceptance: In the above case, the plaintiff accepted the offer from the defendant and then bought the
horse.
3. Consideration: In the above case, the consideration was that a healthy horse was promised in exchange of
money.
Mode of Communication: The mode of communication used in this case is verbal because the agreement
was done orally without any written contract.
In the above case, the applicant had told the defendant that he wanted the horse for stud purposes and said
13
that the horse should sound perfect.
Mode of Acceptance: The mode of acceptance used in this case is in the form of express contract where
both parties had told their terms and conditions orally.
In the above case, when the applicant was examining the horse, the defendant told that the horse was in good
condition and if there was any problem with the horse he should tell him and should not take the horse to a
vet. Thus, the applicant accepted to buy the horse.
Cause of dispute: While the plaintiff was about to check the horse, the defendant told that the horse was in a
good condition. The defendant told that if there is anything with the horse, he should not take it to a vet but
have to meet him. Later the plaintiff realized that the horse had a hereditary eye disease and it could not be
used as a stud.
Decision of the judge: The court stated that" You need not look for anything, the horse is perfectly sound, if
there was anything wrong with the horse I would tell you " Thus, the defendant was in breach of contract.
Initial Agreement: In the above case, the condition of the contract was that the applicant needed hops which
have been cultivated without sulphur because if sulphur was used then the plaintiff can't use it to make beer.
2. Acceptance: In the above case, the plaintiff accepted the offer of buying hops because he thought that it
was without sulphur.
3. Consideration: In the above case, it was considered that the hops was not treated with sulphur and was
promised for money.
Mode of Communication: The mode of communication used here was verbal because the agreement was
done orally without any written contract.
In the above case, the plaintiff had asked the defendant if the hops was treated with sulphur and the
defendant assured that it was not.
Mode of Acceptance: The mode of Acceptance used in this case is in the form of express contract where
both parties had told their terms and conditions orally.
In the above case, the plaintiff told the defendant that he won't buy the hops if it is treated with sulphur, the
defendant assured the plaintiff that it was not treated with sulphur. The plaintiff then accepted to but it.
Cause of dispute: The plaintiff had bought only because the defendant told him that the hops was not
treated with sulphur but it was treated. The plaintiff didn't want the hops that has been treated with sulphur
because he can't use them to make beer. After the hops had been delivered, plaintiff found that sulphur had
been used in the cultivation of hops. So, he had to reject all the hops.
Decision of the Judge: The court stated that "the hops had not been treated with sulphur" was a term of
contract than as a representation as the plaintiff had explained the importance of the term and stayed on the
statement. Thus, the defendant was in breach of contract.
14
Go through the case 2.3 and answer the AC 2.3
Poussard was engaged to appear in an operetta from the start of its London run for three months. The
plaintiff fell ill and the producers were forced to engage a substitute. A week later Poussard recovered and
offered to take her place, but the defendants refused to take her back.
2.3 Evaluate the effect of different terms in the given contract scenario of Poussard v Spiers (1876). (AC
2.3 : Evaluate the effect of different terms in given contracts).
Answer 2.3
Madame Poussard was in breach of condition and Spiers were entitled to end the contract She missed the
opening night which was the most important performance as all the critics would be based on that night.
Breach of Condition: Breach of condition in the defend tie is a responsible offense. Any individual
discharged on defund must hold fast to the conditions which are in his/her tie. On the off chance that
the charged neglect to show up as required by the recognizance or grant any material breach of the
conditions, the court should issue a warrant and cause the confine of such individual and the
cancelation of any recognizance and the arrival to the court for a re-determination of the air of the
blamed. On the off chance that the condemned deliberately neglects to show up as required or
purposely breach any condition of liberation, each such dissatisfaction or breach should be dealt with
as a different unlawful activity.
In the above case, Poussard was in breach of condition and the makers had the right to cancel the
contract. But as the contract which she had signed was with the producer of an operetta from the
begin of its London keeps running for three months. Poussard felt sick and missed it, which was most
important as the audience foreword replied on upon the operetta.
Breach of Warranty: Breach of warranty includes a broken guarantee around an item made by
either a producer or a seller. The term covers a regret of statement or kind and thoughtful by a
commercial of property which is a part of the contract of offer, when reality of the statement is
important to the lawfulness of the contract. If it was a breach of warranty the maker has not met all
needed things to end the contract. Since certification, minor terms are set. In which the performer can
miss a couple practices or some other minor execution. In any event. the owner can't end the contract
nor would he have the ability to place some other performer.
15
Task 3 (LO3: ACs 3.1 3.2 and 3.3)
16
Assignment Task 3 :
3.1 Explain tort, liability in tort and contractual liability. Contrast liability in tort with contractual liability.
Research and give real life cases to support both types. (AC 3.1 :Contrast liability in tort with contractual
liability)
17
Examples A demolition company is bringing Occupied Manufactures obtains
down a working with volatile Edwards Electrical to tear out the
intentionally put as not to harm the old wiring in the building and then
property which is around the replace it with new wiring.
building. Notwithstanding the fact Occupied understands that if
that they were especially watchful, Edwards Electrical commits an
when the building fall down it error while performing the electrical
harmed the one alongside it. work, someone may get hurt or
someone's property might get harm.
The harmed party may look for
payment for the loss/harm by
appealing Occupied Developers and
in Edwards Electrical. To protect
itself against such attire, Occupied
needs Edwards Electrical to sign a
contract which contains repayment
claim. The compensation claim
shows that on the off chance that
someone manages real harm or harm
on the property in account of
Edwards Electrical carelessness in
discharge the wiring work, and the
party sues Occupied Manufacture,
Edwards will pay for the bad luck.
On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49-
cent cup of coffee from the drive-through window of a local McDonald's restaurant located at 5001 Gibson
Boulevard Southeast. Liebeck was in the passenger's seat of her grandson's 1989 Ford Probe, which did not
have cup holders, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her
coffee. Liebeck placed the coffee cup between her knees and pulled the far side of the lid toward her to
remove it. In the process, she spilled the entire cup of coffee on her lap.[9] Liebeck was wearing cotton
sweatpants; they absorbed the coffee and held it against her skin, scalding her thighs, buttocks, and groin.
Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six
percent of her skin and lesser burns over sixteen percent.[11] She remained in the hospital for eight days
while she underwent skin grafting. During this period, Liebeck lost 20 pounds (9 kg, nearly 20% of her body
weight), reducing her to 83 pounds (38 kg). Two years of medical treatment followed.
18
3.2 Explain the nature of liability in negligence as that could be observed in Case 3.2- Liebeck v McDonalds
(1994). (AC 3.2 : Explain the nature of liability in negligence)
Answer 3.2
Nature of liability in negligence means that the individual of the company is responsible for the outcome
under the law in any way if the responsibility is not met or any breach of law have occurred. If any harm is
done because of this whether if it is knowingly or unknowingly there are many rectifications used to solve
the case. The liability is strict and is knowingly, makes out of recklessness or avoid. The result of effect in
punitive damages can be seen as well as for the defendant would be held accountable.
Duty of Care
It was the duty of McDonalds's to deliver their products which would not cause any damage to them
physically. This makes it obligatory for such a multinational company to do their duty even better for their
status and quality.
Breach of Duty
When the duty is not is not responsibly done, it is called as breach of duty. It was the responsibility of
McDonald's to deliver hot beverages when the temperature could be tolerated. The temperature allowed was
140 F and even then the can have instructions and also have warning that it is hot and have to handle with
care. Whereas, in the case of Lieback the coffee ordered was 180 F which even went beyond the average
temperature and the salesperson didn't give any warning to handle with care. This means that it was breach
of duty because they had failed to deliver the coffee with proper warning.
Demand Caused
Due to the breach of duty, Lieback(plaintiff) had 3rd burns which are severe which led her to be in hospital
for a week because her skin needed to be skin to be recovered from the damage or burns caused. It led her
with weight loss, permanent scars for years. The sudden physical issues could also have meant in mental
illness such as emotional distress, public shyness or not being confident as before.
Product Liability
McDonald's was held responsible for avoiding in serving coffee with care and at the maximum allowed
temperature. The law also requires hot beverages to a temperature which does not exceed the limit. In case
the temperature goes way beyond, the customer must be informed.
There was an extreme level of avoidance because McDonald's was liable for the loss to the plaintiff. Also,
the manager had informed the employees about the average limit allowed, exceeding that could be very
dangerous. Even after being aware, the company went beyond the average temperature of 140 F and didn't
even try to admit their mistake that they didn't warn their customer.
McDonald's tried to defend themselves but even when their quality manager had declared the limit which
meant that anything above the limit would cause danger and was not allowed. The coffee which was served
was so hot that it couldn't even touch a small bit with tongue by the plaintiff and later it fell on her which led
to burning of her skin.
However, the judge was in favor of the plaintiff because of the damage the plaintiff suffered. Not only
19
physical damage but also mental damage. At first McDonald's refused to pay $20,000 but later the judge was
in favor of plaintiff and McDonald's had to pay Lieback $1,60,00 for her medical expense and $27 million
for penal damages.
Honeywill and Stein Ltd, after conducting acoustic work in a cinema owned by Denman Picture Houses,
requested permission to have photographs taken of the interior of the cinema.[3] On the attendance of Larkin
Brothers Ltd to take photographs, magnesium powder was ignited in order to create a flash light, to better
illuminate the cinema interior. It was argued that such practice was common in photographing the insides of
buildings, despite creating intense heat and being hazardous if ignited near fabrics.[3] The photographers
were found guilty of negligence in igniting the flash just four foot from a cinema curtain, setting fire to it and
causing damage of 261.4s.3d.[3] However, Honeywill and Stein Ltd, under threat of litigation from the
cinema company chose to pay this balance in full. The action was therefore for the recovery of this sum,
under the pretense that Honeywill and Stein Ltd could not be responsible for the tort of an independent
contractor
3.3 Explain how a business can be vicariously liable by taking the instances of events in Case 3.3 -
Honeywill and Stein Ltd v Larkin Brothers Ltd. (AC 3.3 : Explain how a business can be vicariously liable)
Answer 3.3
Vicarious liability means to situation in which someone is being held responsible for the exclusion of another
person. For instance, an employer can be liable for the exclusions of his employees, and can show that it
took place in during their employment.
Normally, businesses that recruit individualistic contractors are not responsible for the acts or exclusions of
those individualistic contractors except it is a dangerous thing.
In the above case, magnesium powder was aroused in order to create a flash light, to better brighten the
cinema interior. It was common in photographing the interior of the buildings, in spite of creating intense
heat and becoming dangerous if it is aroused near fabrics.
The plaintiff appealed against the defendant, declaring that it was responsible for damage caused in the
cinema. The defendant is only an individualistic contractor and is also involved in hazardous things was not
liable for the damages done.
If the defendant was not involved in any hazardous things, then they would be responsible for the damages
caused. It is one of main reason businesses keep individualistic contractors to perform certain functions.
At last, the court stated that taking photograph like this was a very hazardous thing for which Honeywill
could not envoy liable to the defendant, and thus remained responsible to the owners of cinema.
20
Task 4 (LO4: ACs 4.1, 4.2 and 4.3)
Assignment Task 4 :
For the AC 4.1, research the case of ( Bolton V Stone [1951] HL and Carroll V Fearon (1999),
understand it clear and attempt to answer the AC 4.1
4.1 Apply the elements of the tort of negligence and defences in different business situations. Research the
case of Bolton v Stone [1951] HL and Carroll v Fearon (1999) CA and discuss tort of negligence and
defences. (AC 4.1 : Apply the elements of the tort of negligence and defenses in different business situations)
Answer 4.1
Stone was hurt when she was hit by a cricket ball just outside her home. She made a case against the cricket
club for annoyance and carelessness. The field was encircled by a 7 foot fence. The pitch was sunk 10 feet
below ground so the fence was 17 feet above the pitch. The space between the striker to the fence is 78 yards
and just under 100 yards from the applicant but close to pressure someone to buy something said that five or
six times during the last 30 years he had known balls hit house or come into yard. Two members of the club,
of over 30 years standing, agreed that the hit was completely excellent to anything before that seen on that
ground.
Rule Held
There is no breach of duty. The probability of harm was low the defendant had taken all practical defense in
the circumstance. The cricket ground had been there 90 years without injury and provided a useful service for
the group.
Case of Carroll v Fearon (1999) CA
P negligently made a tire which collapsed to pieces on road brings out a genuine mischance. There is no
specific careless act or mistake with respect to the maker had been recognized.
Rule Held
As per the wrongful act of carelessness and defense, because the accident happened outside the control of
21
defendant, that is it may help the chain of things causing other things to happen, therefore confusion to such
cases, so the ways of thinking of the offended party by the person will be plain practically this way there was
no loyalty to either the clearly stated people in charge of the defect or the specific irresponsible act or when
something is kept out or not included. The tire went into broken down, terrible condition in view of a
perceived flaw in the putting together process. The maker couldn't clear up how the misshapen could have
been brought on other than by its responsibility, P lost.
Go through the case 4.2 (Dee V. Marriott International, Inc) and answer the AC 4.2 .
Plaintiff Suzanna Dee brought suit against her former employer, Marriott International, Inc., and her former
supervisor at the hotel in which she worked, Steven Bess, for injuries she incurred after Bess allegedly
sexually assaulted and raped Dee at work. As a result of injuries sustained in this assault, Dee was unable to
return to work for an extended period of time and was ultimately fired by Marriott. Dee sued both Bess and
Marriott for assault and battery, wrongful discharge, and intentional infliction of emotional distress. Dee also
made a claim against Marriott for the negligent hiring and retention of Bess, and failure to supervise Bess.
4.2 Define vicarious liability ? Brief with an example. Apply the elements of vicarious liability in given
business situations of the case 4.2 - Dee v. Marriott International, Inc... (AC 4.2: Apply the elements of
vicarious liability in given business situations)
Answer 4.2
Plaintiff Suzanne Dee brought law against Marriott International , Inc her former employer and also against
Steven Bess, her former supervisor in the hotel in which she worked because of the injuries she suffered after
he had raped her. Due to the injuries she suffered, she was not able to work for a period of time. So, Marriott
International, Inc fired Dee. Dee took legal action against both Marriott and Steven for assault and battery,
wrongful discharge, etc. Dee also declared against Marriott for the irresponsible hiring and staying on the job
of Steven, and the failure to supervise Steven.
Derived liability considers employers in charge of wrongful careless or deliberate tort activities of their
employees, while they are acting throughout their employment. The incentive behind derived liability is to
receive a fair and commonsense solution for the victim so far as could be allowed and to discourage future
harm. Derived liability is in some cases which are suggested to as strict, or no-insufficiency, related to
something you owe because of the fact that the business itself is not really or as time goes on at problem.
Without a doubt, derived liability applies mostly to employers and workers. The business can release the
authority under the going with grounds and reasons:
22
Absence of the border.
Lawful state and state of affairs.
Sacking
Some different liberal reason
In the above case of Suzanna Dee, who is sexually assaulted by an employer of the Marriott, as well as the
carelessness of Marriott International, Inc into correctly understanding the conditions of the employee, and
the safety rule which is being contravene, Suzanna Dee has all the rights to take legal actions against both
parties. Since this is a proper events that prove something of moral danger in the company, and its
irresponsibility to the issue, can hold both the employer as well as its company criminally responsible for
such an illegal act.
For the case against Marriott International Inc and its worker, the court ensures that the plaintiff Suzanna Dee
absolute certain policy and rule, they are:
Filing of wrongful act case papers, is prior to a criminal action may agreement the success of an
existing criminal case against the person who is responsible for the action.
Rectification, direct and cross rectification by the court to both the parties, is conducted by the court,
about the protest of Suzanna Dee and Steven Bess. This is done for the lawful process to be
completed.
Financial recompense and damages, are provided to the plaintiff by the responsible party being
Marriott, through court, as per the damage occurred to the plaintiff, the amount of recompense is
decided.
Notice, If the company does not provide the plaintiff with the suitable claims, it will receive from the
court a notice.
The accrued recompense of the plaintiff should be paid for the time she worked and was present in
the company.
Assignment CoverSheet
Course/Unit Information
23
Course Pearson (Edexcel) BTEC Level 5 Higher
National Diploma
Unit No. Unit 6
Unit Name Business Decision Making
Unit code D/601/0578
Batch SRG10-BDM-1602
Instructor Information
Name
Phone
Email
Assignment Information
Full/ Part Full Assignment
Assignment
Date Assignment 16/02/2016
Issued
Date Assignment 05/03/2016
Due
Student Information
(To be filled by the student prior submitting the assignment)
Name
Email
Date of Submission
24
Student Declaration
I, hereby confirm that this assignment is my own work and not copied
or plagiarized. It has not previously been submitted as part of any
assessment for this qualification. All the sources, from which
information has been obtained for this assignment, have been
referenced as per Harvard Referencing format. I further confirm that I
have read and understood the Westford School of Management rules
and regulations about plagiarism and copying and agree to be bound
by them.
Student Name :
Date :
Name of the
Assessor Anil Ahluwalia & Raman Subramanian
LO 3 TASK 3
3.1 produce graphs using
spreadsheets and draw valid
conclusions based on the
information derived
Be able to produce
3.2 create trend lines in
information in
spreadsheet graphs to assist in
appropriate
forecasting for specified business
formats for decision
information
making in an
organisational 3.3 prepare a business presentation
context using suitable software and
techniques to disseminate
information effectively
3.4 produce a formal business
report
LO 4 TASK 4
Understand a range
4.1 use appropriate information
of processing tools
techniques to 4.2 prepare a project plan for an
analyse data activity and determine the critical
effectively for path
business 4.3use financial tools for decision
purposes making
D3: Demonstrate
M3: Present and communicate convergent /lateral / creative
appropriate findings thinking
27
Over All Result/Grade Date PASS/MERIT/DISTINCTION
General Guidelines
(Please read the instructions carefully)
8. Complete the title page with all necessary student details and ensure that the signature
of the student is marked in the declaration form.
9. All assignments must be submitted as an electronic document in MS Word to the
LMS (Use 12 Times New Roman script).
10. Assignment that is not submitted to the LMS by the prescribed deadline will be
accepted ONLY under the REDO and RESIT submission policy of Westford.
11. The results are declared only if the student has met the mandatory attendance
requirement of 75% and/or a minimum of 50% under extenuating circumstances
approved and ratified by the Academic Director. The student has to repeat the module
(with additional fees applicable) if the attendance is below 50%.
12. The assignment should not contain any contents including references cited from
websites like www.ukessays.com, www.studymode.com, www.slideshare.net ,
www.scribd.com.
13. Students can refer Wikipedia as a source of information, but the references cited
in Wikipedia has to be mentioned.
14. Submit the assignment in a MS Word document with the file name being:
First Name Last Name_ abbreviation of the subject.
Example: John Smith_BDM.
In addition to the above PASS criteria, this assignment gives you the
opportunity to submit evidence in order to achieve the following MERIT and
DISTINCTION grades
29
M2 Select / design A range of sources of To achieve M2, you will have
and apply appropriate information has been to use a range of information
methods / techniques used in your work. You will have
used suitable resources to
explore the nature of
collecting primary and
secondary data to carry out
survey. Also bring out how is
it going to be useful in your
research work.
30
approaches, while designing a
questionnaire.
D3 Demonstrate
convergent /lateral / problems have been To achieve D3, you will have
creative thinking solved demonstrated excellent analytical
application of data using
measures of dispersion to give
valuable information in the
business scenario and ensure
that all the problems have been
solved accurately and logically.
Also, you will have met the
deadline to submit the tasks to
ensure that all activities have
been well managed.
Please note that for unit assignments assessors should use these or other exemplar
indicative characteristics for the individual grade descriptors from Annex C of the
HN specification or any other relevant indicative characteristics for the particular
assignment. The indicative characteristic should then be contextualised. Only one
indicative characteristic per grade descriptor, M1, M2, M3, D1, D2, D3 is required.
31
Business Decision Making Assignment Tasks
Questions to be addressed in completing the Assignment Task 1:
(Figures in brackets after the question denote relation with the assessment criteria. If you
achieve all the assessment criteria mentioned herein, you will have achieved a PASS
grade).
Be able to use a variety of sources for the collection of data, both primary and
secondary
LO 1. Be able to use a variety of sources for the collection of data, both primary and
secondary
1.1& 1.2 Create a plan for carrying out the survey of the requirement enumerated
above, by presenting the survey methodology and the sampling frame you are going
to use. Also bring out in your plan how are you going to collect primary and
secondary data to carry out this survey? (Criteria 1.1: create a plan for the
collection of primary and secondary data for a given business problem;
Criteria 1.2: present the survey methodology and sampling frame used)
32
The Primary Data
Primary Data can be collected by observation, interviews, research, questionnaires, etc.
So Westford can choose any method to collect information from the students. This will
identify the feedback that the people give about the quality, content, faculty, institute,
facilities, administration, etc.
The Secondary Data
Secondary Data are those which are collected already. There are two types of secondary
data: Internal and External. Internal Data includes interview management and direct
member to find necessary information about abroad programs, etc. External Data
includes the information which are found in Media, Newspaper to use it for the research
purpose.
The plan to collect primary and secondary data for the given situation are questionnaires
and interviews.
1.2
Survey Methodology
It is a tool that is used to gather data from a specific segment. In this it is very important
to gather information mainly from the students about their likes and dis-likes, dealings of
33
faculty, etc. The survey questions can be both open and closed questions. Surveys can be
conducted in two ways which are questionnaire and interviews.
Sampling Frame
The main purpose of sampling frame is to choose a particular people of the targeted
people who would be interviewed in the survey. Sampling Frame is the list of people that
the interviewers will interview for survey. But that doesn't mean we have to interview all
the people in a city but we should select some who would even represent their fellow
people.
1.3 Design a questionnaire with at least 15 questions to carry out the survey for the
requirement enumerated above.(Criteria 1.3: design a questionnaire for a given
business problem)
Answer 1.3
1.3
Questionnaire
The following are the questionnaires:
34
Not at all well
6. Are you happy with the curricular activities that is done by Westford?
35
Extremely happy
Very happy
Moderately happy
Slightly happy
Not at all happy
36
Very clean
Moderately clean
Slightly clean
Not at all clean
11. If you were to rate Westford, what would have been your response?
Extremely good
Very good
Moderately good
Slightly good
Not at all good
12. If you were to recommend Westford to your friends or others, how likely would you
do?
Extremely likely
Very likely
37
Moderately likely
Slightly likely
Not at all likely
38
Slightly satisfied
Not at all satisfied
Assignment Task 2
Assignment Task 3
39
LO 3. Be able to produce information in appropriate formats for decision making in
an organisational context
a) From the above data, draw a pie-chart and a bar graph. What conclusions
can be drawn from each of these graphs and charts? (Criteria 3.1:
produce graphs using spreadsheets and draw valid conclusions based
on the information derived)
Walmart Worldwide - Japan
Sales Revenue
{'000} {'000} Cost
200
9 400 200 65
201
0 650 400 130
201
1 1300 750 350
201
2 3500 1800 800
201
3 5000 2500 900
Answer 3.1
Pie Chart
40
Bar Graph
41
In the above Pie-Chart and Bar Graph, Quarter 1 has sales upto $26,000, $27,000 in
Quarter 2 as $1,000 was added, $30,000 in Quarter 3 as $3,000 was added, and in Quarter
4 $29,000 as $1,000 was figured out.
It clearly shows the sales kept on increasing upto $30,000. There was a change in Quarter
3 because there was a increase of $3,000 and decrease of $1,000 at Quarter 4, that led to
the sales being $29,000.
b) Prepare a line graph, histogram, xy scatter graph using the above data .
What trend is being shown in the sales against revenue? What trend can be
forecasted for the subsequent year? (Criteria 3.2: create trend lines in
spreadsheet graphs to assist in forecasting for specified business
information)
Answer 3.2
3.2
Line Graph
42
Histogram
XY Scatter Graph
43
In the above Line Graph, Histogram, XY Scatter Graph; Wall mart have an increase for
sales, revenues, and Cost. In year
Scenario
You will be required to do a research on a contemporary topic of relevance using
Microsoft office tools with respect to different general / business scenarios generated for
you, as well as analyse logically how these can be utilized efficiently in social/ businesses
environments to help them take effective decisions.
You would be assigned topics group-wise as discussed in the class (the same topic is used
for a group presentation and individual report to be submitted):
44
Individual Task
(Criteria 3.3 prepare a business presentation using suitable software and techniques
to disseminate information effectively)
Answer 3.4
3.4
TEAM ALPHA
Prolonged Internet Usage leads to aggressive and violent behavior in children aged 5
years to 15 years.
1. Introduction
Prolonged Internet Usage leads to aggressive and violent behavior in children aged 5
years to 15 years. In the modern world, children spend most of the time sitting in front of
PC or laptop or using smart phones. They spend majority of their time surfing Internet.
Internet have its own advantages and even dis-advantages.
Statement of Purpose
Nowadays mainly because of the new technologies, there is more violent acts. The crime
rates have risen. Nowadays there are cases of murders by children and teenagers. It is
because of the violent games. Games play a vital role in the behavior of children, it can
change the behavior of children into more aggressive and non-aggressive also. Some of
the games that makes children aggressive are GTA series, Call of Duty series, Counter-
Strike series, etc.
Significance of Study
As we go on understanding this topic, it is understood that the game developers can even
create peaceful games like if they can create an aggressive game they can create a
peaceful game too. This will reduce the aggressiveness of children and they will move
towards the peaceful environment.
45
Methods of Study
Internet can be reduced for getting information about the world, academics, social, etc.
But even if these things are there, arguments have been made that over using of internet
which could even lead to different levels of problems. This study is applicable to every
individual.
2. Review of Literature
Internet was created with good intentions like to unite families through social media, to
keep in touch with friends, to improve our knowledge, to find jobs, etc. There are even
dis-advantages of using internet. People just misuse it and make it to the good internet to
bad internet. As said in the above lines, crime rates have grown and many types of illegal
activities began to grow. Some of the examples are given below:
Internet Gaming
Some surveys points out that children spent 50 hours a week playing video games.
A research was made at Denison University, Ohio. They took two groups of
students. One was that that didn't even own a gaming and the other group who
owned. The research was that the ones who owned showed more aggressive
behavior than the ones who didn't own.
Another research was made at Lowa State University which states that the
behavior of students was not violent crimes like shootings and murders, but its
like teasing, fighting, name-calling, etc.
In US, a 15 year old boy was collapsed after playing 5 days straight of Call of
Duty: Modern Warfare 3. The boy was rushed to hospital where he was recovered.
Doctors say that people who spend most of their time in gaming and other
electronic stuffs can face various health risks.
46
Anders Behring Breivik shot 68 people dead at a youth camp of a labor party. He
even did a bombing in government buildings. It was known that he he used very
addicted to violent games especially Call of Duty. He even used it to train for his
shooting.
Social Networking
was just 22 month old. The photo was that he gagged and bound her by a duct
tape. And he even wrote a status which says, "This is wut happens wen my baby
hits me back" with a smiley face.Andre Curry was held in jail under a $100,000.
He received 18 months in probation and was ordered to take parenting class.
In US, 3 cases women who are aged between 30-50 were found out that they
experienced psychotic episodes due to intensive web surfing that even included
relationship with another person. These women turned to the internet as an
emotional refuge, for emotional warmth. All 3 women spent many hours in
internet especially at night. One of the women imagined that she could feel the
man touching her with whom she spend hours in internet. In US, Hayley Jones
changed her marital status to single from married. For this she was murdered by
her husband, Brian Lewis.
3. Limitations of Research
This research material is a vast study and it have its own limitations. Like its said in
above Internet does have its good and bad side. There are some people who doesn't even
use internet because they think they don't have to use. This material is mainly focused on
the youths and teens.
Assignment Task 4
Use of Software Generated Information
Assessment Criteria
Criteria 4.1 use appropriate information processing tools
Criteria 4.2 prepare a project plan for an activity and
determine the critical path
Criteria 4.3 use financial tools for decision making
48
49