Aspects of Law: Law Assignment Writing Sample

ASPECTS OF LAW
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CONTENTS
INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
Essential elements of contract .....................................................................................................3
Types of contract and their impact ..............................................................................................3
TASK 2............................................................................................................................................4
Elements of contract.....................................................................................................................4
Terms of the contract....................................................................................................................4
Case description ..........................................................................................................................5
TASK 3............................................................................................................................................5
Contrast liability in tort with contractual liability........................................................................5
Nature of liability in negligence ..................................................................................................5
Vicarious liability ........................................................................................................................6
Case study....................................................................................................................................6
CONCLUSION................................................................................................................................6
REFERENCES ...............................................................................................................................7

INTRODUCTION
Law is defined as the set of rules and regulations which govern the society and also
practices the smooth functioning of the society. The current research paper consists of three cases
which require legal advices. The first case is on valid contract, second deals with the applied
elements of contract and finally the third case describes the contractual liability in negligence.
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TASK 1
Essential elements of contract
Contract is legal agreement between parties which binds them for performance. It creates
obligation for parties which is enforceable by law. Essential elements of contracts are as follow-
 Offer and acceptance- Parties to the contract must have mutual understanding regarding
subject matter of the contract. Besides this there has to have consideration between the
two so that offer can be accepted. There should be specific offer and acceptance by the
parties for a specific performance. They should agree to the subject matter in the same
sense.
 Consideration- Consideration refers to something in return. Promise should be made in
exchange of something in this exchange can be in terms money, physical objects, service,
future action etc. In contract each party must be promisor and promisee. They should
receive a benefit and suffer a detriment (Thomas v Thomas (1842) 2 QB 851).

 Legal intention- Parties to the contract should have legal intention to create contractual
liability for them. Promises made in affection will not be considered as contract between
parties. In such promises there is no liability of party to give performance (Jones v
Padavatton [1969] 1 WLR 328).
Types of contract and their impact
 Unilateral and bilateral contract- Bilateral contracts are formed on the basis of exchange
of promises. Both parties are obliged to give performance and they cannot deny for the
same. The basic difference between the two is that bilateral needs 2 parties whereas
unilateral contract obligate action on one part. In unilateral contract promise is made by
one party without reciprocal assurance of other party. Other party cannot be obliged to
give a performance.
 Oral and written contract- Formation of contract can be done in verbal or written form.
Verbal contracts are informal and they create complications due to lack of certainty.
Written contracts are more specific and formal. In case of written contract the party has to
fully understand the agreement besides this they have to comply with that. Written deed
works as evidence in grievances.
 Face to face and distance contract- Face to face contracts are those agreements in which
parties are present at the time of formation of deed. In distance contracts, agreement is
made through mails or letters.
Case description
For a valid contract the first element is an offer. In the given situation book placed in
display with the motive of selling is invitation to offer and not an offer (Gale, 2007). Invitation to
treat cannot be considered as offer and it will not create contractual obligation for parties. In this
case offer was given by Sam by selecting the book from display for purchasing. It is optional for
Bob to select or reject offer given by Sam. There legal intention of Sam to enter into a
contractual relationship by providing consideration described in invitation.
Here in this case verbal communication has been followed and in this case Sam clearly
stated Bob that the book has already been sold. Acceptance was not given by him to the offer of
Sam. Thus there is no contract between them.

TASK 2
Elements of contract
There was implied contract between Barry and local council. Offer was given by Barry
for hire of a chair which was accepted by council by giving him ticket (Kelly and et.al. 2013).
There was legal intention of parties to enter into a contractual relationship. There was exchange
of promises for which consideration was provided to each party. In the given situation there is
written contract between parties. The legal issue which emerges in the business is that if the legal
contract is not been followed then the part can file suit against the other party.
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Terms of the contract
Terms are the legal duties of the contract which are required to be fulfilled by parties.
Terms can be expressed or implied (Goldman, 2013). Description of these terms is as follow-
 Expressed terms- Expressed terms are inserted on the will of the parties. These are more
specific and inserted by mutual acceptance of parties. It can be further bifurcated into
conditions and warranties. If conditions of the contracts are not satisfied than aggrieved
party is entitled to repudiate contract but if warranties are fulfilled by parties than they
are entitled for damages.
 Implied terms- Implied terms are described by law and custom. It is assumed to be
present in the contract. Example of implied terms are implied terms described by Sales of
Goods Act.

 Exclusion clause- These terms are inserted to reduce the liability of the party in situation
of non-satisfactory performance. These terms are considered for relief if it is inserted
prior to the formation of contract and it is not contradictory to statutory provisions.
Case description
Here in the case of Barry the case is dependent on the clause in which it was clearly
stated that there is no acceptance to any liability for any damage caused to the hired equipment.
These term will be considered as exclusion clause as it is reducing the liability of the party in
situation of non-satisfactory performance. This case can be linked to case scenario of Chapelton
v Barry UDC. Similar scenario was occured in this case and court held that ticket is merely a
receipt and terms stated on it will not be the part of contract. On the reference of this case local
council will be entitled to provide damages as execlusion clause inserted by them will not be
considered for relief. For valid exclusion clause it is essential that it should be inserted prior to
the formation of contract and it should not be contradictory to statutory provisions. These terms
was not fulfilled by local council thus they are entitled to provide damages.
TASK 3
Contrast liability in tort with contractual liability
Tort is a civil wrong which arises due to negligent act of parties while contractual liability
arises due to breach of duty or promise (The Monarch Steamship v Karlshamns Oljefabrika
[1949] AC 196). In tort parties are stranger to each other in this legal obligation arises due to law
(Donoghue v Stevenson [1932] AC 562). In contract parties are familiar to each other and in this
obligation arise due to unsatisfactory performance. In tort damages are not provided for minor
injury but in contract claim can also be done for minor injuries.
Nature of liability in negligence
Negligence arise a party fails to take reasonable care and cause injury to the other party.
Following points are required to be satisfied to claim damages under negligence-
 Defendant must owe duty of care to claimant (duty of care)
 Damages should not be too minor to claim (damages)
 Negligence of defendant should be the primary reason of injury of claimant (causation)

Liability under negligence was established through the case precedent of Donoghue v
Stevenson [1932] AC 562. By this principle of neighbor was developed. According to this
principle a person should take reasonable care and perform their duty wisely. They should avoid
omission and act which can cause injury to their neighbors. In the law neighbor of person are
parties who are directly or indirectly linked to them.
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Vicarious liability
It is basically a strict and the secondary liability which arises under the law of agency.
The superior is responsible for the acts of the subordinate. In vicarious liability an innocent party
is held liable for the act tortfeasor. Such liability is imposed because party was in position to
control the act of tortfeasor. According to this law employer is held liable for tortuous act of
employee done in the term of employment.
Case study
Here in the case of Adam and Brian, Adam is liable for paying the reward to Brian; the
main reason behind this is that when Brian looks at advertisement and makes decision of
travelling from Dover to Calais (Clarkson, 2010). Changes in the reward policy were done
during the middle of journey and thus here the torts liability which states that person is liable to
pay for the damages is applicable. This situation can be linked to the case precedent of Carlill v.
Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A). According to this case precedent Adam is
required to pay reward announced by him else he has to face legal consequences.

CONCLUSION
From the above research paper it can be concluded that to create a contract between two
parties there is a need of essential elements of the contract and the agreement between two
parties. One can suit a case against other only if the contract is valid.
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REFERENCES
Journals
Adams, A., 2010. Law For Business Students. 6th
ed. Pearson Education Lt
Clarkson, K.W., 2010. Business law. Text and Cases: Legal. Cengage learning
Elliot, C. and Quinn, F., 2009. Tort Law. Longman.
Emerson, W. R., 2009. Business Law. Barron's Educational Series
Gale, C., 2007. The business of business law. Managerial Law. 49(1/2). pp.10 – 12
Gillies, P., 2004. Business Law. Federation Press.
Goldman, A., 2013. Business law: Principles and Practices. Cengage.
Kelly, D. and et.al., 2013. Business Law. Taylor & Francis,
Marsh, B. S. and Soulsby, J., 2002. Business Law. Nelson Thornes
Online
Elements of a Contract. 2013. [Online]. Available Through:
<http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-
fundamentals-part-2 />. [Accessed On 29th November 2013].
Essential Elements of a Contract. 2013. [Online]. Available Through:
<http://business.gov.in/manage_business/contracts_elements.php/>. [Accessed On 29th
November 2013].

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Aspects of Law: Law Assignment Writing Sample