Diploma in Business Unit Number: 5 – GradSchoolPapers.com

Do you require help with your paper? Use our custom writing service to achieve better grades and meet your deadlines. Trust our team of writing experts with your work today, and enjoy peace of mind.


Order a Similar Paper Order a Different Paper

Diploma in Business Unit Number: 5
BTEC Level 5 HND Diploma in Business Aspects of Contract and Negligence for Business
Student: Please provide Evidence Page Number of your assignment
Learning Outcome
LO1 Understand the
essential elements of a
valid contract in a
business context.
LO2 Be able to apply the
elements of a contract in
business situations.
LO3 Understand
principles of liability in
negligence in business
activities.
LO4 Be able to apply
principles of liability in
negligence in business
and employment
situations.
Assessment Criteria
1.1 Explain the importance of the essential
elements required for the formation of a valid
contract.
1.2 Discuss the impact of different types of
contract.
1.3 Analyse terms in contracts with reference to
their meaning and effect.
2.1 Apply the elements of contract in given
business Scenarios.
2.2 Apply the law on terms in different contracts.
2.3 Evaluate the effect of different terms in given
contracts.
3.1 Contrast liability in tort with contractual
liability.
3.2 Explain the nature of liability in negligence.
3.3 Explain how a business can be vicariously
liable.
4.1 Apply the elements of the tort of negligence
and defences in different business situations.
4.2 Apply the elements of vicarious liability in
given business situations.
Note: For Severn Business College Use Only
Task
Numb
er
Evidence
Page No
Task-1
Task-2
Task-3
Task-4
1|Page
Assignment
Unit aim
The aim of this unit is to provide learners with an understanding of aspects of the law of contract
and tort and the skill to apply them, particularly in business situations.
Unit introduction
The unit introduces the law of contract, with a particular emphasis on the formation and operation
of business contracts. Learners are encouraged to explore the content of these agreements and
then develop skills relating to the practical application of business contracts, including offer,
acceptance, intention, consideration and capacity. Relevant case law examples will be covered.
Learners will consider when liability in contract arises, the nature of the obligations on both sides
of the contract, and the availability of remedies when a contract is not fulfilled in accordance with
its terms. Additionally, the unit will enable learners to understand how the law of tort differs from
the law of contract and examine issues of liability in negligence relating to business and how to
avoid it.
Unit content
Task 1:
1.1 Essential elements: offer and acceptance; intention to create legal relations; consideration;
capacity; privity of contract (note vitiating factors are included in Unit 27: Further Aspects of
Contract and Tort)
1.2 Types of contract: face to face; written; distance selling; impact
1.3 Types of terms: condition; warranty; innominate term; express; implied; exclusion clauses and
their validity
Task 2:
2.1 Elements: application of relevant principles and case law to business scenarios
2.2 Specific terms: contents of standard form business contracts; analysis of express terms,
implied terms and exclusion clauses in a given contract
2.3 Effect of terms: breach of condition, warranty and innominate terms; legality of exemption
clauses; outline of remedies; damages
Task 3&4:
3.1 Negligence: differences to contract; duty of care; breach of duty; damage –causation and
remoteness of damage; personal injuries; damage to property;economic loss; occupier liability
3.2, 3.3, 4.2 Liability: employer’s liability; vicarious liability; health and safety issues
Task 4:
4.1 Negligence: application of the legal principles of negligence and relevant statutory and case
law to business scenarios including: personal injuries, damage to property, economic loss,
occupier liability; defences; contributory negligence; remedies
Note: For Severn Business College Use Only
2|Page
Task 1 (this provides evidence for 1.1, 1.2, 1.3).
Task 1 (LO1): Understand the essential elements of a valid contract in a business context
a) Outline the essential elements for the formation of a valid contract; explain the importance of
these elements in the formation of a valid contract. (AC1.1)
b) Discuss the impact of different types of contract and analyse terms in contracts with reference
to their meanings and effect in a business context. (AC1.2) (AC1.3)
Task 2 (this provides evidence for 2.1, 2.2, 2.3)
Task 2 LO2: Be able to apply the elements of a contract in business situations
In March Norman offered to buy Jackie’s car for £4500. Jackie immediately wrote a letter to
Norman saying “For a quick sale I would accept £5000. If you are not interested please let me
know as soon as possible”.
Norman did not see the letter until May when he returned from a business trip but then replied. “I
accept your offer. I trust that if I pay £4500 now, you can wait until September for the remaining
£500”. On receiving the letter, Jackie attached a “sold” sign on the car but forgot to reply to
Norman.
a) Explain the requirements for the formation of a valid contract. Apply the law on terms and
advise Norman and Jackie as to whether or not he has a claim against Jackie for the car. (AC2.1)
(AC2.2)
b) Evaluate the effect of different terms in given contracts. How does the law approach the issues
of intention to create legal relations and the capacity to contract? Use the above scenario to
illustrate your answer. (AC2.3)
Task 3 (this provides evidence for 3.1, 3.2, 3.3)
Task 3 LO3: Understand principles of liability in negligence in business activities
a) What is meant by Tort, contrast liability in Tort with contractual liability? (AC3.1)
b) Explain the nature of liability in negligence in business activities. Use relevant examples to
illustrate your answer. (AC3.2)
c) Explain what is meant by vicarious liability and how a business can be vicariously liable.
Support your answer by relevant examples. (AC3.3)
Task 4 (this provides evidence for 4.1, 4.2)
Task 4 (LO4) LO4: Be able to apply the principles of liability in negligence in situations.
Jane is employed in a factory as a cleaner. Her job is to keep the factory floor clean. From time to
time, she is asked by other members of staff to help clean other areas in the workplace.
One day Tony, a warehouseman, asks Jane to help him drive the forklift truck and move some
boxes into the rear of the warehouse so that they can clean. Jane has never driven a forklift truck
before but reluctantly agrees.
Jane starts the forklift truck but immediately loses control and crashes into some boxes, which fall
onto Simon, a co-worker. Simon is badly injured.
Later that day James, a delivery driver, receives an urgent call to pick up his daughter from
school, as she is ill. James decides to take the works’ van to pick up his daughter and to make a
couple of deliveries on the way to his home. However, after making the last delivery, he
negligently crashes the van. The van crashes into Richard severely injuring him. Richard was not
Note: For Severn Business College Use Only
3|Page
wearing his seatbelt.
a) Apply the elements of the tort of negligence and vicarious liability to consider whether Simon
and Richard would be able to claim for their injuries. (AC4.1) (AC4.2)
What you must hand in for assessment
Task 1:
Report
Task 2:
Report
Task 3:
Report
Task 4:
Report
SUBMISSION GUIDELINES:
Assignment must include: Assignment Front Sheet (filled assignment front sheet & filled evidence page
number) + Assignment (answers to all assessment criteria and properly numbered) + Plagiarism Report
(submit plagiarism report) + Filled Declaration Form (student declaration, assessor feedback and result
form)
Title
Unit Name and Course Name.
Presenter’s
information
Full Name & Student Reference Number.
Submission
Deadline
Assignment
Length
Methodology
Bibliography/
References
No restriction on the word limit (suggested 3000 words)
The student needs to demonstrate an awareness of the methodological tools
in the form of documented process that contains procedures, definitions and
explanations of techniques used to collect, store, analyze and present
information. It may be that qualitative methods, including the analysis of
interviews, are appropriate. Alternatively the student’s approach may involve
forecasting or statistical, financial or econometric modelling. In other cases
the student may be combining methodologies as his/her research is basically
the analysis of the principles of methods, rules, and postulates employed by
a discipline. Basically, the student needs to specify the approach he/she feels
will be most appropriate.
Please list down “works cited” within the framework of an enumerative
bibliography — a list of references to key articles and texts. Verify each
reference carefully; the references must correspond to the citations in the
text. The list of references should start on a new page and be listed
alphabetically by the last name of the author(s) and then by year,
chronologically. Only the first author’s name is inverted. List all authors’ full
Note: For Severn Business College Use Only
4|Page
names and avoid using et al. The name of each author and the title of the
citation should be exactly as it appears in the original work.
Tables/Charts
Make sure all tables and charts are referenced in the text. Give each table
and chart a title and number consecutive with the order it is mentioned in the
text. Notes for tables and charts are independent of Notes in the rest of the
paper and should be ordered using lowercase letters, beginning with the
letter a (including the Source note, which should be listed first). The
sequence runs from left to right, top to bottom. The order of the notes as they
appear below the tables or charts are (1) Source, (2) general notes to the
table or chart, if any and (3) letter notes.
Times
scale/Research
Planning
Please follow the classroom progress on the assignment brief to exercises.
Since each student is encouraged to develop his/her own timescale the effort
at the Assessor/ Faculty level is to subject them to random periodical checks
in the view of their submission deadline.
Style Sheet
Harvard Reference /APA/ Chicago Manual of Style/ MLA Handbook
Formatting
Use Microsoft Word and keep your formatting very simple.
Double-spaced, semi-block or full-block lay-out
Arial/Times Roman (Italicize or boldface wherever necessary)
Biographical notes
If possible, please explain your background and credentials as it relates to
the work you are presenting on. This is not a request for your résumé.
For specific questions on formatting, use the APA/ Chicago Manual of Style/
MLA Handbook as a guide for notes, citations, references, and table
Additional Details
presentation.
Essential resources
Indicative resource materials
Textbooks
BTEC Higher National Business Study Guide
Elliot C and Quinn F – Tort Law (Longman, 2009) ISBN: 9781405899338
Horsey K and Rackley E – Tort Law (OUP Oxford, 2009) ISBN: 9780199216376
McKendrick, E – Contract Law: Text, Cases, & Materials: Text, Cases, and
Materials (OUP Oxford, July 2008) ISBN: 9780199208012
Peel E and Treitel G H – Treitel on the Law of Contract (Sweet and Maxwell
2007) ISBN: 9780421948402
Journals
Law Society Gazette (The Law Society)
Note: For Severn Business College Use Only
5|Page
New Law Journal (LexisNexis Butterworths)
Websites
o http://www.smallbusiness.wa.gov.au/four-essential-elements-of-a-contract/
o http://shivamlawworld.blogspot.co.uk/2012/02/essential-elements-of-validcontract.html
o http://www.wisegeek.org/what-is-privity-of-contract.htm
www.bailii.org/
British and Irish Legal Information Institute – access to freely available British and Irish public legal
Information
http://www.oft.gov.uk/
The Office of Fair Trading

"Is this question part of your assignment? We can help"

ORDER NOW
Writerbay.net

Do you need help with this or a different assignment? We offer CONFIDENTIAL, ORIGINAL (Turnitin/LopesWrite/SafeAssign checks), and PRIVATE services using latest (within 5 years) peer-reviewed journal articles. Kindly click on ORDER NOW to receive an A++ paper from our masters- and PhD writers.

Get a 15% discount on your order using the following coupon code SAVE15


Order a Similar Paper Order a Different Paper