Sample Assignment On Aspects of Contract

ASPECTS OF CONTRACT
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TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................3
TASK 1 ...........................................................................................................................................3
1 Impact of types of contract ......................................................................................................3
2 Importance of essential elements of contract............................................................................4
3 Analysis of terms in the contract with reference to their meaning ..........................................6
Task 2.............................................................................................................................................10
1 Contrast liability in tort with contractual liability ..................................................................10
2 Nature of liability in negligence ............................................................................................10
Defenses under negligence.........................................................................................................11
Vicarious liability of business ...................................................................................................12
CONCLUSION .............................................................................................................................14
REFERENCES .............................................................................................................................15


INTRODUCTION
Operating business or dealing with any other parties, legal boundaries play significant
role. However, for an individual it is essential to perform its activities in legal and ethical manner
(Chetwin, 2011). In the present research report, various aspects of contract have been evaluated
which will help people to make correct decisions regarding future contingency. In general terms,
contract is a legal bond between more than two parties which is supported by mutual
understanding or consideration.
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However, present study majorly concentrates on all the legal aspects of contract and negligence
to provide appropriate guidance to an individual as well as assist in providing solution regarding
current scenario. Along with that, study entails impacts, importance, terms etc of a legal
agreement in different cases (DiMatteo, 2012). Furthermore, by the means of previous case
precedents and clauses of the act different case studies will be supported and evaluated. However
at last, report will sum up with impact of vicarious liability and defenses in negligence on the
given cases and scenarios. The main aim of conducting this study is to enhance skills and
knowledge regarding contracts and its legal implications on a given scenario or case so that
individual can make appropriate decisions.


TASK 1
1 Impact of types of contract
There are different types of contract which can be used at the time of making legal
relationship between two or more parties (Watt, 2007). At present, government has allowed
different forms through which parties can enter into legal agreement such as:
Face to face contract In general terms, face to face contract is the agreement in which
parties are present at the same place during the time of formation of the deed of the
contract. The main advantage of this type of agreement is that, acceptance is provided
immediately after the offer. On the other hand, if party disagrees to accept the offer then
it will be rescind at the same time (Nysten-Haarala, Lee and Lehto, 2010). The main
advantage of face to face contract is that there is very less chances of any conflict in
regards to accept and cancellation of the agreement. Along with that, there is not much
unintentional delay in a contract. However in the following present case F, face to face
legal agreement is conducted between Jim and Fun Park.
Distance Contract The term distance itself depicts that, contract or legal agreement
between two or parties is based on mailing or telephonic communication. However, these
types of contract are considered as more time consuming and conflict creating. There are
several aspects of such contract that in which time duration is the most significant. In
context to that, offer should be accepted by the party in a reasonable time. Furthermore,
time duration may vary from contract to contract (Bowyer, 2000). As per the given
scenario, Mini case A is the perfect example of distance contract as there is mailing
contract between Arnold and Fiona. According to the situation, it is the responsibility of
Fiona to respond to its uncle Arnold before he make any move regarding selling of
equipment's to other party.
Written contract In general terms, written contract is most often adopted method by the
parties to enter into a contract. The main reason behind this is that, written contract is
more a profession agreement between two parties as well as states all the terms and
conditions in a written document for the appropriate future contingency (Platz, 2007).
The main advantage of written contract is that, in case of negligence or breach of the


contract another party has the proof of suing party from the contract and asks the liable
party to pay compensation. However, in the Mini case D there is a written agreement
between Lynx Cars Ltd and Roadstar Ltd.
Bi-lateral In general terms, Bilateral contract can be defined as the agreement between
two parties which agrees or promise to perform an act in the exchange of other party's
actions. However, this type of legal relationship specifies a duty to act in exchange of
other party's act.
Unilateral In legal terms, unilateral contract defines that, one party enforce other party
to perform certain specified acts by paying money in consideration.
2 Importance of essential elements of contract

There are various elements of a contract which should be present in order to form a valid
contract which is enforceable by the law. However, an agreement should be of certain type and
for possible performance (Middlemiss, 2011). Furthermore, contract should undertake all the
legal norms and polices. In order to frame a valid contract it is crucial to a have a specific offer
by a party to a party. An agreement can be in general or to a specific person. It is essential for
one party to accept terms and conditions of contract for which overall agreement was made.
In addition to that, elements play vital role in ensuring that contract is executed and
accomplished in legal and ethical manner. At times it has been found that parties often make
conditional acceptance which is considered as counter offer. However, this counter offer will be
required by the party in future to create legal contract. The main aspect of successful contract is
that, when parties are supported by mutual consideration in order to carry entire course of action
in legal and ethical manner (Chetwin, 2011). Other than this, for every party it is crucial to have
legal intention regarding entering in to a legal relationship. There are various important element
of a contract such as:
Offer Generally, offer can be defined as the considerable matter that parties give each
other at the time of accomplishment of legal agreement (Daz and et. al, 2012). In a
legal contract there are two types of parties firstly who make offer and other one is who
accept offer.

Acceptance The term acceptance itself illustrates that it is the situation where one
party is agreed to accept the terms and condition of another party in order to make legal
relation (Chao, 2011).
Consideration Consideration is the return that one party will give to another in terms
of accepting the course of action. However, it can be in terms of monetary or non-
monetary. Furthermore, it should be acceptable and exchangeable in the context of
government rules and regulations. There are certain rules and regulation by the means
of consideration act in the form of promise to innocent party. These are:
o The consideration must not be past.
o Consideration must be sufficient but need not be adequate.
o It is essential that consideration must move from the promisee.
o However, existing public duty amount wont be undertaken to valid consideration.
o Existing contractual duty will also not amount to valid consideration.
Privity The privity of Contract doctrine dictates that only persons who are acting as
parties to a contract are entitled to take any actions to enforce it. For instance, A
promises B for consideration moving from B, to pay C $100. Herein, A and B are the
parties to contract as well as they both have power to sue each other if there is any
breach of contract. But contrary to that, C cannot sue A if he or she is unable to pay the
sum of $100. In general terms, privity of contract is the legal relationship between
parties to an agreement. However, it is essential for parties to have such legal
relationship. Furthermore, from the above example of the case it can be stated that,
even though if someone is not directly associated with the contract but has the power to
sue any party.
Capacity There are certain legal capacities that individual need to have in order to
enter into a contract. However, these set of rules consist of: people should not be
mentally unstable, minors are not allowed, bankrupts, prisoner etc. Furthermore, there
are several elements of legal capacity of contract such as:
o Offer should determine exactly what will be showcase.
o Acceptance


o consideration
o parties should have capacity in terms of age and mental ability
o There should be legal intent for both parties to carry out agreement.
Intention to create legal relationship The parties to enter into a contract should have
legal intention so that valid contract can be made. It is important for both parties to
enter into a legally binding agreement. Furthermore, it is considered as the most
significant aspect as having appropriate intention in regards to create legal relationship
helps parties to carry out entire course of action in effective and efficient manner.

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Mini Case A:
In Mini case A situation states that, Arnold gives an offer to Fiona regarding purchase of
dental tools and equipments in 15000. However, as Fiona being her cousin asked once about his
dental equipment and now she requires because she is practicing dental. As per the given
scenario, Arnold wants to sell the equipments as soon as possible and for that he has got several
other offers from its colleague (Kantarelis, 2008). The present condition of Fiona was not much
feasible and she was unable to make quick payment to her uncle. Therefore, she called and asked
him whether she can pay total amount after Christmas. Due to some issue, she was unable to
communicate to its uncle and leaves a message to his secretary about her delay payment
scenario. However, this particular scenario will be defined as conditional acceptance of Fiona as
she was ready to buy but due to lack money was asking for some time.


Furthermore, there was no such reply from her uncle and in between that Fiona raised
bank loan and send letter to him regarding acceptance of contract on 28 th September. Arnold on
30th September calls Fiona and state that he has sold his dental equipments to some other party
due to absence of reply from her (Crosby, Lavers and Murdoch, 2008). Therefore, looking at the
above scenario it can be stated that, due to lack of acceptance between both parties, no valid
contract has been developed in between them.
Mini case B:
After reading this particular case, it can be stated that there is a unilateral offer made by
Mrs. Smith by announcing reward of 100 for finding her black and white cat Lucky. However,
on the response to advertisement David finds her cat and spend around 25 as taxi fair in terms
of returning to cat to her (Keeping, 2001). Therefore, David now claims amount of his
expenditure with its reward but Mrs. Smith refuses to pay. Looking at the present scenario, it can
be stated that there is a proper offer and acceptance of contract between both the parties.
However, in the given mini case study it was clearly stated that, Mrs. Smith will reward the
person with 100 whom so ever is able to find her cat. In context to that, Mrs. Smith is liable to
pay 100 to David. Moreover she is liable because as per the English Contract Act, consideration
or compensation should be sufficient in the eyes of law. Therefore, it is important for Mrs. Smith
to pay 100 to David as his reward of finding black and white cat Lucky.
Mini case C:
In Mini case C, Mrs. Harris asks her neighbor Ted to collect the rent from tenants on
behalf of her when she will be aboard. However for the present scenario, Ted agrees to Harris
and collected the rent (Perrigot and et. al, 2014). Out of gratefulness Mrs. Harris says, Ill give
you 200 for your work. Later Mrs. Harris refuses to pay Ted. Looking at the given scenario,
there is affairs of proper offer, acceptance and consideration between both the parties but both
parties have no intention to enter in to a contractual relationship.
Therefore, in regards to no contractual relationship there is no such valid contract
between parties and they cannot be obliged for the performance. Hence, it can be stated that,
Mrs. Harris in not obliged for the consideration or compensation promised by her. Therefore, in
such case limitations of oral contract can be evaluated and this is the reason for which written or


face to face legal agreements are considered as more appropriate in terms of executing entire
course of action (Kidner and Richard, 2007).
3 Analysis of terms in the contract with reference to their meaning

Terms in a legal agreement determines all the obligations that parties have to fulfill in
order to carry out contract effectively and efficiently. Terms can be classified under two
categories such as expressed and implied.
Firstly, implied terms are those obligations which are inserted by the parties at the time of
formation of contract and they can be termed as conditions or warranty. Furthermore, conditions
can be defined as the primary terms which are responsible for defining all the major obligations
in a contract. It is very important for both the parties to fulfill all the obligations (Padhi, 2012). In
case, if such terms are not satisfied then innocent party may reject the contract and claim for the
damages. On the other hand, warranties can be defined as the ancillary terms of a legal
agreement which also assist in specifying primary obligations. However, in case of warranties,
such terms are not satisfied then innocent party can claim for the damages but they cannot finish
the contract. With the case precedent of Hong Kong Fir Shipping v Kawasaki Kisen Kaisha
[1962] 2 QB 26 Innominate terms were introduced by English Contract Law (Faure, 2009).
According to the above stated law, damages are not provided as per the bifurcation of terms in
warranties and conditions. The main aim of this case is to focus only on the effect of breach of
contract. However, in this scenario, legal contract can only be treated as finished when innocent
party is rewarded with all the compensation and consideration. Furthermore, in such case implied
terms are assumed to be available in the agreement between two or more parties. However, it is
determined by legal rules and regulations as well as traditional customs.
Exclusion clause:
In general terms, exclusion clauses reduce or minimize the obligations of defendant in the
situation or condition of contractual breach. Furthermore, defendant can only avail the facilities
of exclusion clauses if it is appropriately mentioned in the deed of contract as well as properly
agreed by both the parties (Hodgson and Lewthwaite, 2001). In case, if it is not properly
mentioned in the contract or disagreed by any one party then it is not considered at the time of
breach of the contract. Furthermore, exclusion clauses should be confliction to all the legal

norms and regulations which are in favor of public interest. From the above study it can be stated
that, if above stated all the statements are satisfied by the parties then defendant is not obliged to
pay the amount of damages, compensation or consideration to claimant on breach of the
contracts terms and conditions. Therefore, it is essential for all the parties to follow all the rules
and regulations related to contract so that it can be performed in effective and efficient manner.
Mini case E:
In the present given case study, Paul sees an advertisement in a local news paper in which
it was clearly stated that quality of cars at lowest prices and people purchasing this month will be
given extra benefits on purchasing the car such as full tank of petrol or diesel, road fund tax,
radio and stereo for free (Jones, 2002). However, after reading the advertisement Paul went crazy
and was very excited to buy a car from the desired showroom as well as in the existing month to
attain various extra benefits also. In context to that, Paul went to the showroom and he liked a car
named as Ford Mondeo at 3995 only. Thereafter, he approaches to salesmen in order to generate
all the information regarding particular car so that he can take decision regarding buying it or not
(Atiyah, 2010). However, salesman stated that it is 1994 Mondeo which is used from 30000
miles but only had one owner. Along with that, Paul sees the sale agreement in which all the
detail information regarding car such as Ford Mondeo 1994 in Cayman Blue with registration
number L931 AJU. However, in this situation, terms stated in an agreement are defined as the
main conditions (Dick Bentley Productions v Harold Smith Motors [1965] 1 WLR 623). If these
terms and conditions are satisfied, Paul can breach the contract and can claim compensation for
damages. Furthermore, representation is the terms which are usually discussed during the course
of negotiation but is not inserted in the deed of the contract while formation of a legal agreement.
Looking at the present scenario, it can be stated that there is a proper offer and acceptance of
contract between both the parties.
According to the present given scenario, representation can be all the given terms and
conditions in advertisement such as full tank of petrol and diesel, Road Fund Tax, radio and
stereo. Along with that, warranties will be car used for 30000 miles and only by single owner.
Therefore, all these terms are not satisfied then Paul can claim for all the damages in the law of
non-fulfillment of contractual terms and conditions (Cooke, 2011). In addition to that, traders
puffs are only statements which are not confirmed. However, damages cannot be claimed until

and unless all these statements considered as fictitious. According to the above stated law,
damages are not provided as per the bifurcation of terms in warranties and conditions. In the
present case, agreement between Paul and SLICK CAR SALES LTD states that, clause of lowest
price is considered as the traders puff because low prices things are not reliable in nature and no
one can be assure about minimum pricing strategy of a commodity. In this case, implied terms
and conditions will be that both the parties will conduct their part of action fairly by fulfilling all
the contractual terms and conditions (Durst, 2007).

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Mini case F:
While on holiday at the seaside, Jim agrees to take his family to Fun Park. He pays 1
to park his car on a car park run by the Stand Council. A notice at the entrance of the car park,
which has been partly obscured by overgrown shrubs, states: Cars parked entirely at owners
risk. Jim pays 7 for a family admission ticket to Fun Park, which is managed by Leisure Ltd.
The back of the ticket contains the following clause: The Company does not accept liability for
death or personal injury to visitors, howsoever caused (Wilhelmsson, 2008). Jim and his wife are
watching their children when a metal bar flies off, injuring Jim and his wife. After receiving
hospital treatment, Jim returns to his car to discover that it has been damaged by a Strand
Council refuse van.
However, in this given scenario Jim went to a nearby Fun Park on the holiday. There was
a rule of paying 1 to stand council for the parking of car. However, Jim followed the rule and
paid the desired amount. While entering into the park there was warning written which states
that, visitors park your vehicle on your own risk (Cibinic, Nash and Nagle, 2006). Due to

overgrown shrubs this warning was hidden and Jim was unable to read the warning. As per the
rules and regulations it is the responsibility of stand council to make sure that warning is visible
to every individual entering into the park so that transparency in contract can be maintained.
After this scenario, Jim with his family entered into the park after buying the ticket of 7 which
was managed and controlled by Leisure Ltd. However, on the back of the ticket clear instruction
was written that company will not be responsible for any damages or death of an individual
during the course of Fun Park. However, while enjoying the fun in park Jim and his wife got
injured by the flying metal bar. Therefore, statement stated at the back of ticket will be treated as
exclusion of clause in spite of that it is not valid because it is opposing to legal rules and
regulations (Pozgar, 2011). As per the given norms of Occupiers Liability Act, owner should be
responsible for taking care of their actions in order to prevent any injury. Thus, it can be stated
that Leisure Ltd. will be liable to pay for all the damages and injuries happen to Jim and his wife
while enjoying in the Fun Park. Along with this, after getting treatment from local hospital, Jim
found out that his car was damaged in the parking area but Stand council refuses to pay for the
damages. In this case, it can be stated that, Jim is entitled to claim for all the damages of his car
because warning was hidden by the overgrown brushes and it is the responsibility of Stand
Council to ensure that information is correctly written and shown to the people entering into Fun
Park. Thus, Jim can recover the amount of compensation from both Stand Council and Leisure
Ltd.
Task 2
1 Contrast liability in tort with contractual liability
Contractual liability occurs at the time when any of the business entity breaches the
contract with non defined reasons and for that other purposes of contract can be followed. Tort
liability arises as a result when any of the concerned party forms an act of negligence and it can
happen due to any reason. Furthermore, A tort in common jurisdictions can be defined as the
civil wrong that unethically causing suffering to someone else or harm resulting in breach of the
contract because of tort committed by tortfeasor. Specifically, when any of the agreed party does
not care about the nature of liability then tort can be defined and according to this, the other party
can come in fault. The party which faces damages can claim for the pre specified amount and he

can also sue other one which is agreed upon the nature of contract (Beckett, 2010). On the other
side, tortuous liability arises if legal obligation of one party to a victim arises which is a result of
civil injury. Hence in any of the cases where the legal entity are responsible for tort and
negligence, then the remaining party can claim for specified amount for causing damage to the
private wrongdoing. It is apparent fact that every party enters willingly in any agreement with
own nature and there exists tort relationships which is further also imposed by the laws. Along
with that, strict liability can be defined as the standard of liability which might exist in the form
of criminal or civil context in a legal agreement. All the contracts and agreements are legally
concerned with contract acts so that the requirements of situations can be fulfilled. It is being
revealed that in the case of any tortuous liability, opposite party cannot claim for the principle
amount if the aspect of negligence is not satisfied. Furthermore the claim can be made legally
concerned if the claimant has summated the proposal for the act of negligence. In order to claim
for the damage in contractual liability, there is no specific requirement which needs to satiate for
deriving principle amount (Chatterjee, 2012). Duty of care is also considered a situational
approach under the facet of tort and this is being determined by judicial person under the contract
act. Hence it is considered as crucial aspect of agreement which further specifies essential
requirements of the contract.
2 Nature of liability in negligence

The legal requirements of a contract state that every party that enters into the contract
needs to take care of the action so that to protect the deed from charges of tort and negligence
(Perrigot and et. al, 2014). This is basically a way of managing partnership with two or more
claimants so the consequences of acts are requisite to consider while considering act and other
major facets. The rights and possibilities of general public can be protected by imposing legal
actions on the actions (Bhadbhade, 2010). When any of the individual fails to integrate with legal
acts, then it is said to be act of negligence in which it is crucial for the party to consider the
duties while mentioning such actions. As per the legal entity, it is crucial for every entity to
determine his actions; however failure of such thing can consider it as tortfeasor and as per this
aspect, the party is also held responsible for the liability of damage amount (Hollingsworth,
2014). Hence the claim of damage for act of negligence integrated with varied principles and

aspects which further also satiates necessities of acts. Here is the list of some aspects which are
included in the same:
Duty of care: Duty of care represents that every party is liable for its actions and the
party shall also be liable if it affects any of the neighbors and the course of action. It is
often termed as an aspect that is generalized for showcasing the responsibilities of
individual towards legal acts and actions. Hence it is clear that legal parties are directly
responsible for others acts as well.
Breach of duty: It is defined as one of the most important parts of a contract, if one party
fails to hold up their end of the contract, i.e. is not able to fulfill its obligations and follow
the terms and conditions mentioned in the agreement. For a party to claim for damages in
this relation, it is imperative that the defendant is not able to carry out his duty as
mentioned under terms of the contract (Stanton, 2005). Objective test is one of the most
commonly used methods by a court of law for determining and identifying a breach of
contract.
Causation: One of the main reasons that describe as to why damages must be paid to an
injured party is acts of negligence performed by the defendant. Moreover, to claim for
such damages, the claimant must have no involvement whatsoever in the act of
negligence (Crosby, Lavers and Murdoch, 2008).
Remote damages: Herein, damages can be claimed by claimant only for those acts of
tortfeasor that can be anticipated or guessed.
According to the act, if the aforementioned and described principles are not met or
fulfilled, then the claim for damages cannot be accepted by a court of law.
Defenses under negligence

If the following defenses are availed or used by the defendant, then the liability to
provide damages for acts of negligence can be overturned or abandoned (Mote, 2013).
Contributory negligence: It is imperative for the defendant to note that he must not have
any contribution to the act of negligence; otherwise the defendant in any way is not
required to pay for damages (Chao, 2011).


Justified: In addition to the above point, it must also be noted that if the act of negligence
is justified by the court, then according to the law, claim for damages cannot be accepted
or entertained.
Necessary: If for the defendant, it was crucial to perform such acts, then he is not bound
by the law to pay for damages to the victimized party (Kantarelis, 2008).
Illegality: If act of negligence is committed by defendant to stop illegitimate commotion
then defendant cannot be obliged to pay damages for the injury of claimant.

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Case study 1
In the given situation it was noted that Mrs. Donoghue went to the caf and placed an
order for ice-cream with ginger beer. But since the drink was not served in a transparent bottle,
she accidently consumed a decomposed snail, Mrs. Donoghue suffered from serious mental
trauma and food poisoning. Herein, it was the responsibility of beer producer Mr. Stevenson to
ensure that the drink is of best quality and there are no elements in it that may damage health of
the drinker (Crosby, Lavers and Murdoch, 2008). In this sense, it may not be wrong to say that
main reason behind decline in health of Mrs. Donoghue was the act of negligence performed by
Mr. Stevenson. In this situation, all acts of negligence are found, because of which the court
decided in favor of Mrs. Donoghue and ordered Mr. Stevenson to pay for the damages she
suffered.


Vicarious liability of business
As the name suggests, the word defines second hand or substitute so as, vicarious liability
is a situation where liability is transferred in the name of another party. In this situation, innocent
party who is not involved, is held liable for the tortuous act of culprit party. Here, the legal norms
are of great value as impact of such obligations are under eye of law and are imposed on that
respective party because of influential impact of relationship existing between the parties
(Nysten-Haarala, Lee and Lehto, 2010). As it is at part of liable party who are in position to
support and help their actions of main culprit. These actions can be incorporated by prevention of
negligence act (Lister v Hesley Hall Ltd). The relationship which are part and parcel of vicarious
liability of business are close and realted as they undergone to a relationship involvement which
is strict under law as they met with some kind of contract before engaging in exchanging services
or anything. Examples of such relationships are lawyer and clients, teacher and student, husband
and wife, master and servant, doctor and patients, employee and employer etc. When this
liability is exercised, it is taken into consideration that it may take into take into action the
happening of culprit. One may not be misleading that by exercising vicarious liability, the
obligation of primary culprit is not disappeared or vanished. It clearly implies this liability will
go hand in hand with culprit so far (Platz, 2007).
There is case when thus same certainty happens in the case of job employee and
employer when the thing of employment is taken into consideration. As per the principle of
vicarious liability when indulging as a part of negligence act, employer is held liable for this act
in course of employment. In case, if the employee is transferred to another place, the impact will
not be reduces. Rather, the vicarious liability also moves with the employee (Kidner, and
Richard. 2007). What comprises the driving force of this moving of liability is because of
derivation of control power over the employee. But there are certain time, when the transfer is
temporary, then general employee is held liable for the negligence act of employee.
Case study 2
As per the vicarious liability of business discussed so far with the implication of
negligence act is reflected from the case study mentioned here. The case study taken here is of
Mersey Docks and Harbour Board v Coggins & Griffiths (Liverpool) Ltd, 1946 (Daz and et. al,

2012). The company once indulged into an agreement of hiring employees and equipment in
unloading. While carrying out the processing of lading, one of its employee who is an innocent
party here, got injured. This was notified that the accidental incident was occurred because of
negligence of the employee. Also, the later study revealed and cleared the fact that his statement
on the case was he was not under controlled by any of other employee present there. Thus, in
this case, the general employer who was victim is under vicarious liability for the act. Finally,
when the case is presented in the court of law, the case precedent the presumption that general
employer himself will be liable and held responsible for the act of employee (Cibinic, Nash and
Nagle, 2006). However, further in exceptional circumstances, it was considered and declared to
be applied in and under situational approach.
CONCLUSION
From the above research project it can be evaluated that contract between two or more
parties play significant role in executing contractual relationship in effective and efficient
manner. However, study also entails that, if all the contractual terms and conditions are not
fulfilled appropriately then innocent party has all the authority to claim against damages. Tort is
the liability which arises due to negligence act of tortfeasor. However, present study majorly
concentrates on all the legal aspects of contract and negligence to provide appropriate guidance
to an individual as well as assist in providing solution regarding current scenario. In addition to
that, elements play vital role in ensuring that contract is executed and accomplished in legal and
ethical manner. At times it has been found that parties often make conditional acceptance which
is considered as counter offer. Furthermore, by the means of several mini case studies, overall
study has enhanced and will help in improving knowledge and skills regarding contractual
relationship between two parties. Furthermore, as per the given set of rules and regulations by
negligence act, an individual should manage and control his or her actions because he or she
might be liable for their own action and may pay the amount of compensation.


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ASPECTS OF CONTRACT

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1 Impact of types of contract ......................................................................................................3

2 Importance of essential elements of contract............................................................................4

3 Analysis of terms in the contract with reference to their meaning ..........................................6

1 Contrast liability in tort with contractual liability ..................................................................10

2 Nature of liability in negligence ............................................................................................10

Defenses under negligence.........................................................................................................11

Vicarious liability of business ...................................................................................................12

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2 Importance of essential elements of contract

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3 Analysis of terms in the contract with reference to their meaning

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2 Nature of liability in negligence

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Defenses under negligence

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DiMatteo, A. L., 2012. False dichotomies in commercial contract interpretation. Journal of

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Atiyah, P. S., 2010. Introduction to the Law of Contract. Clarendon Press.

Bhadbhade, N., 2010. Contract Law in UK. Kluwer Law International.

Cooke, J., 2011. Law of Tort. Prentice Hall.

Hodgson, J. and Lewthwaite, J., 2001. Law of Torts. Blackstone.

Jones, M., 2002. Textbook on Torts. Prentice Hall.

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Hollingsworth, G., 2014. Vicarious liability lawyers. [Online]. Available through:

Mote, A.,. 2013. Types of Contracts. [Online]. Available Through:

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