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negligence
1.1 Essential elements required for valid contract in the given case.............. 1
REFERENCES............................................................................................................................ 11
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offer and acceptance
lawful considerations
capacity of parties
free consent
lawful object
certainity
possibility of perfomance
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Intention to create legal relations- in contract there should be legal
intention to enter into relationship, if there no such intention then there is
not a valid contract.
Capacity of parties- the parties must be competent to contract,
competent refers to person should be of sound mind, major and it should not
be disqualified by any law, subject to the contract.
Privity of contract- This is the doctrine in the common law which
defines that there is no obligation towards the outsider or who is not party to
the contract but in certain situations there are exceptions to this doctrine
(Lando, 2003). This doctrine has important implications on the right of third
parties to the contract.
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1.3 analysis on terms with reference in the contract
In the given case there is offer to invitation to treat by display of books
in the store by Sam (Schulze, 2010). Bob cannot force him to accept the offer.
Sam is even not in capacity to enter in the contract with Bob because that
was the last copy of book which he had already sold it to Carl (Kelly, 2009).
By invitation to there is not legal intention to enter into a contract, it is
choice of Sam to accept the offer or not.
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contract. Express terms are those terms which are certain and defined by
the contract clearly and have consent of both the parties (Elements of
negligence case, 2014). While implied terms are assumed, that is obvious
terms, or are created by law or by matter of fact or can be customary terms.
In the given case there is express term on the back of ticket that council will
not be liable for any damages occurred by the chair provide to customer
(Wright, 2001). At the time Barry taken the ticket and paid to the council he
entered into the contract with local council and give consent to the express
terms of the contract
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damages to the injured party of the contract (Nystn-Haarala, Lee and lehto,
2010). The injured party can claim for damages occurred to him by the
contract.
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Lo4 Applications of principle of liability in the given
situations
4.1 Elements of Tort and defenses available in different situation
In the tort there are certain defenses available to the business to avoid
the liability if there is no fault of the party. Tort liability arises when there is
no contractual relationship between parties. It arises when defendant is
liable to take duty of care. Primary reason of injury of claimant should be
negligence of defendant. Damages should not be too remote or minor. If all
such points are fulfilled than liability on defendant is fulfilled by claimant. In
certain circumstances defences can be claimed by defendant under
occupiers liability Act, which are following-
Volenti-non Fit injuria- there is no duty of care if the person takes risks
willingly. For ex. there is proper warning for not to do that act still someone
does that then the pervious party will not be liable for the act.
Contributory negligence- it refers to the negligence of both the parties,
when the other person does not keep reasonable care for the safety (Wheare,
2003).
Exclusion of liability- in this situation Act allows an occupier to exclude
liability of him but if the act done by the occupier lead to death or personal
injury to the defendant then the occupier liability will not be excluded.
Vicarious liability refers to situation where penalty attract to that
person who had not done the offense himself, because he is in legal
relationship with that guilty person. This relation can be of parent and child,
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employer and employee etc (Treitel, 2002). the relationship should be of
such kind that person should be in position to dominate for ex friend or son
of guilty person will not be liable for the act as they are not in dominating
position even they are in relationship with the guilty person (Neyres, 2005).
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warning Mark had taken the risk the hotel will not be liable for the Marks
negligence.
Statement E- the given statement is false Mark cannot held hotel
liable for the act done by him after reading the warning. As per the clause
Volenti-non Fit injuria occupier will not be liable if the act is done even after
the warning.
Statement F- the given statement is correct Mark cannot hold liable
Poshpalace for his designer swimwear because risk was taken by himself
even after the warning.
Statement G the given statement is correct; Mark can hold liable
Poshpalace for the robbery under the vicarious liability, because robbery is
done by the employee of the Poshpalace so employer will be responsible for
the Act.
Conclusion
There should all essential elements present in the agreement to make
it valid contract. From the following report we can conclude that the contract
should follow all the provision of the governing act (Stanton, 2005). If there is
negligence in the performance of the party or duty of care and that cause
damages to the party that will lead to penalty whether if there is no contract
between the parties (Lando, 2003). The person should take care of the
actions of that person who have legal relationship with him; if he fails to do
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to he will attract the provision of vicarious liability towards him (Harpwood,
2009).
REFERENCES
Books and journals
Harpwood, H. V., 2009. Modern tort law. Routledge.
Nystn-Haarala, S., Lee, N., and Lehto, J., 2010.Flexibility in contract terms
and contracting processes. International Journal of Managing Projects
in Business. 3(3). pp.462 478
Schulze, R., 2007. New feature in contract law. Sellier, European law
publications.
Wright, J., 2001. Tort law and human rights. Hart publishing.
Online
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Kelly, F., 2009. 1410laws of tort. [Pdf]. Available through:
<http://www.ubclss.org/CANs/140%20Law%20of%20Torts.pdf>
[Accessed on 11th April, 2014]
Wheare, C., K., 2003. maladministration and its remedies. The English law.
[PDF] Available through:
<http://socialsciences.exeter.ac.uk/media/universityofexeter/schoolofh
umanitiesandsocialsciences/law/pdfs/English_Law_the_New_Dimension.
pdf >[Accessed on 11th April, 2014]
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