Unit 5 : Aspects of Contract and Negligence for Business

Unit 5 : Aspects of Contract and Negligence for Business

Task 1
WLCBCM v Students – R – US

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1.1.         Has a valid contract?  Are the essential elements required to form a valid contract present and these elements importance when forming this contract?


1.2 Would there be a different impact if WLCBMS had done a face to face and written down contract rather than over the phone?


1.3 What term of contract could have been added to effectively prevent such issue occurring such as conditions, warranties, and innominate terms, express terms implied terms or exclusion clauses? What would be the impact of such terms?


2.1. Whether WLCBMS can end their contract with Students – R – us

2.2. What you would advise Students – R – Us include in a standard form of a business contract to prevent a situation like this occurring again?

2.3 Course of action and remedies open to WLCBMC as a result of Student – R – us ending the contract

2.3 Course of action and remedies open to Students – R – Us as a result of WLCBMS ending

Task 2

3.1 Contractual liability differs from that of tortious liability. Compare the two.

3.2 With regards to any claim in negligence brought by Kev against Lovely Birds Ltd., explain why and apply the legal requirements to establish whether Lovely Birds Ltd. Owe a duty to care to Kev.

3.3 Is Lovely Birds Ltd. vicariously liable for Kev’s actions? Explain elements of vicarious liability of business.

4.1 In the circumstances of the accident, explain:
a. What defences, if any, may be available to Lovely Birds Ltd.?

b. Whether any such defences are likely to be successful.

Submission Guideline


·         Work should be referenced
·         Sources should be acknowledged fully by referenced books, journals used and URL visited
·         All work should be word processed, font size of 12 and font style of Times New Roman/Arial 
·         Subtitles of the assignment should be in the font size of 14
·         Pages should be numbered in the bottom right hand corner
·         Spell check the document and read thoroughly for grammatical errors
·         1.5 Line spacing
·         Reference at the end of the assignment
·         All paragraphs should be aligned in justified mode
·         The guided word count is between 2500-4000 words


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