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

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?VV

Marketing essentials

Understanding specific need in health and social care
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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