Unit 5: Aspects of Contract and Negligence for Business

Assignment Cover Sheet

Learning Outcomes and Criteria covered by this Assignment

Summary of learning outcomes

To achieve this unit a learner must:

1. Understand the essential elements of a valid contract in a business context

2. Be able to apply the elements of a contract in business situations

3. Understand principles of liability in negligence in business activities

4. Be able to apply the principles of liability in negligence in business situations.

Outcomes To achieve each outcome a learner must demonstrate

the ability to:

1 Understand the essential

elements of a valid

contract in a business

context (LO 1)

LO 1.1 explain the importance of the essential elements required for

the formation of a valid contract

LO 1.2 discuss the impact of different types of contract

LO 1.3 analyse terms in contracts with reference to their meaning

and effect

2 Be able to apply the

elements of a contract in

business situations (LO 2)

LO 2.1 apply the elements of contract in given business scenarios

LO 2.2 apply the law on terms in different contracts

LO 2.3 evaluate the effect of different terms in given contracts

3 Understand principles of

liability in negligence in

business activities (LO 3)

LO 3.1 contrast liability in tort with contractual liability

LO 3.2 explain the nature of liability in negligence

LO 3.3 explain how a business can be vicariously liable

4 Be able to apply

principles of liability in

negligence in business

situations (LO 4)

LO 4.1 apply the elements of the tort of negligence and defences in

different business situations

LO 4.2 apply the elements of vicarious liability in given business

situations.

Assignment Number: 1. Provide Legal Advice

Assessment Format: You are a legal adviser and visited by clients who require advice on

different aspects of Law. They have presented you with a summary of

the case. With reference to different aspects of Law, write a letter to

each client providing sound advice. Your letter should comply with the

word count of 1000 with +/- 10% margin. You may use tables and

diagrams to support your report to illustrate the text. Word count

excludes the index, headings, information contained in tables,

references and bibliography. For academic purpose you must use

theories and include a bibliography.

Assessment Type: Individual

1. Bob goes into Sam’s bookshop and sees a book which he wants to buy on display. He takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is Sam entitled to refuse to sell Bob the book? Taking this scenario in to consideration explain the importance of the essential elements required for the formation of a valid contract. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect (LO 1.1, 1.2, 1.3)

2. Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.” Are the council entitled to

rely on the clause? Taking this scenario in to consideration, apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts (LO 2.1, 2.2, 2.3)

3. Adam advertises a reward of £1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the news paper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same news paper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled to claim the reward? Taking this scenario in to consideration, contrast liability in tort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable (LO 3.1, 3.2, 3.3)

Assignment Number: 2. Evaluation task

Assessment Format: Evaluating below scenario(s) should comply with the word count of

1000 with +/- 10% margin. You may use tables and diagrams to

support your report to illustrate the text. Word count excludes the

index, headings, information contained in tables, references and

bibliography.

Assessment Type: Individual

One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later

that night, Mark is in his room when a masked man enters and threatens to hurt him unless he

hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be

Neil, the hotel gardener, who had stolen a master key to the hotel room.

Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin

rash he has developed as a result of long periods of washing up. Although rubber gloves are

available, most employees do not use them. Colin, the head chef, is getting fed up with Roger

and in his anger, knocks Roger unconscious with a frying pan.

Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign

on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during

these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He

cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly

injured and tears his expensive designer swimming trunks.

Task: Evaluate the accuracy of each of the seven statements A, B, C, D, E, F and G individually as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and defences and apply the elements of vicarious liability in these situations. (LO 4.1, 4.2)

Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a safe working environment.

Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.

Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act1957.

Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act1984 because of its warning notice.

Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.

Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his designer swimming trunks.

Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery.

Assessment Criteria:

P1-P11 Pass CriteriaM1-M3 Merit CriteriaD1-D3 Distinction Criteria

To Achieve a Pass

To gain a pass grade you must attempt to answer all three scenarios and you must satisfy the pass criteria as outlined below.

LO 1.1 explain the importance of the essential elements required for the formation of a valid

contract (P1)

LO 1.2 discuss the impact of different types of contract (P2)

LO 1.3 analyse terms in contracts with reference to their meaning and effect (P3)

LO 2.1 apply the elements of contract in given business scenarios (P4)

LO 2.2 apply the law on terms in different contracts (P5)

LO 2.3 evaluate the effect of different terms in given contracts (P6)

LO 3.1 contrast liability in tort with contractual liability (P7)

LO 3.2 explain the nature of liability in negligence (P8)

LO 3.3 explain how a business can be vicariously liable (P9)

LO 4.1 apply the elements of the tort of negligence and defences in different business

situations (P10)

LO 4.2 apply the elements of vicarious liability in given business situations. (P11)

To Achieve a Merit

To gain a merit grade you must achieve all the pass criteria and in addition you must satisfy the criteria as outlined below.

Identify and apply strategies to find appropriate solutions through effective judgement (M1)

Select/design and apply appropriate methods/techniques. You are judged on the application of relevant theories and techniques and the justification for their application (M2)

Present and communicate appropriate findings. This includes the use the appropriate structure and approach with coherent, logical development of principles/concepts for the intended audience (M3)

To Achieve a Distinction

To gain a Distinction grade you must achieve all the pass criteria and all the merit mark criteria and in addition you must satisfy the criteria as outlined below.

Use critical reflection to evaluate own work and justify valid conclusions including realistic improvements which have been proposed against defined characteristics for success. (D1)

Demonstrate convergent / lateral/creative thinking by showing evidence on receptiveness to new ideas and effective thinking in unfamiliar contexts. (D2)

Take responsibility for managing and organising activities including accommodating the unforeseen and recognising the importance of interdependence. (D3)

Support materials

Textbooks

Atiyah P S — Introduction to the Law of Contract (Clarendon Press, June 1995) ISBN: 0198259530

Beale/Bishop and Furmston — Contract — Cases and Materials (Butterworth, October 2001) ISBN: 040692404X

Cheshire/Fifoot and Furmston — Law of Contract (Butterworth, October 2001) ISBN: 0406930589

Cooke J — Law of Tort (Prentice Hall, May 1997) ISBN: 0273627104

Elliott and Quinn — Contract Law (Longman, December 2002) ISBN: 0582473306

Elliot and Quinn — Tort Law (Longman, July 1997) ISBN: 058243811X

Harvey and Marston — Cases and Commentary on TORT (Prentice Hall, 2000)

ISBN: 0582423511 NB: Will be republished 2004 (5th Edition ISBN: 0406971382)

Hodgson J and Lewthwaite J — Law of Torts (Blackstone, October 2001) ISBN: 1841742759

Jones M — Textbook on Torts (Oxford University, August 2002) ISBN: 0199255334

Pannett A — Law of Torts (Prentice Hall, March 1997) ISBN: 0712110704

Treitel G — Law of Contract (Sweet & Maxwell, June 2003) ISBN: 042178850X

Young M — Cases and Commentary in Contract Law (Prentice Hall, June 1997) ISBN: 0273625705

Journals

Law Society Gazette New Law Journal

Plagiarism and Collusion

When producing the assignments, Learners must not copy any material whole or part from fellow students intentionally or unintentionally. Any materials including phrases, paragraphs, diagrams, tables, charts or graphics copied from books, journals, web sites or any other sources must be properly referenced according to the Harvard referencing system. Even if the words are changed or altered learners must clearly reference the source. Learners are required to produce a ‘Turn-it-in’ originality report for any coursework, essays submitted for assessment. Any assignments submitted without a ‘Turn-it-in’ report will be refused and returned without marking.

Collusion: Unless stated otherwise, you must not produce assignments in collaboration with fellow students where the assessment is based on the individual work. Such material will be refused by the assessor and you will receive no mark. You must not share your individual assignments with fellow students and in an event both lender and the receiver will be disqualified for the assessment.

Plagiarism and Collusion is seriously dealt with in accordance with the regulations at Regent College and any learner who fails to produce an original piece of work may be disqualified of taking the assessment and may have to repeat the unit.

General Guidance

This unit is assessed on 100% coursework including your active participation in lessons. You must submit both assignments to receive an overall grade.

You should plan well in advance on how to tackle this assignment. You should seek knowledge outside the classroom lectures and activities to gain maximum learning outcome. You should access recommended supporting materials as suggested and use the knowledge in your assignments.

Feedback Sheet

Learner name:

Information/feedback on assessment and grading criteria

Assessment criteria (Pass-P)

Achieved Evidence Feedback

LO 1.1 explain the importance

of the essential elements

required for the formation of a

valid contract (P1)

Yes/No

LO 1.2 discuss the impact of

different types of contract (P2)

Yes/No

LO 1.3 analyse terms in

contracts with reference to their

meaning and effect (P3)

Yes/No

LO 2.1 apply the elements of

contract in given business

scenarios (P4)

Yes/No

LO 2.2 apply the law on terms

in different contracts (P5)

Yes/No

LO 2.3 evaluate the effect of

different terms in given

contracts (P6)

Yes/No

LO 3.1 contrast liability in tort

with contractual liability (P7)

Yes/No

LO 3.2 explain the nature of

liability in negligence (P8)

Yes/No

LO 3.3 explain how a business

can be vicariously liable (P9)

Yes/No

LO 4.1 apply the elements of

the tort of negligence and

defences in different business

situations (P10)

Yes/No

LO 4.2 apply the elements of

vicarious liability in given

business situations. (P11)

Yes/No

Grading criteria (Merit-M; distinction-D) Achieved Evidence Feedback

Identify and apply strategies to find appropriate solutions through effective judgement (M1)

Yes/No

Select/design and apply appropriate methods/techniques. You are judged on the application of relevant theories and techniques and the justification for their application (M2)

Yes/No

Present and communicate appropriate findings. This includes the use the appropriate structure and approach with coherent, logical development of principles/concepts for the intended audience (M3)

Yes/No

Use critical reflection to evaluate own work and justify valid conclusions including realistic improvements which have been proposed against defined characteristics for success. (D1)

Yes/No

Demonstrate convergent / lateral/creative thinking by showing evidence on receptiveness to new ideas and effective thinking in unfamiliar contexts. (D2)

Yes/No

Take responsibility for managing and organising activities including accommodating the unforeseen and recognising the importance of interdependence. (D3)

Yes/No