TAM's College wants to become one of the best educational institutes in the UK. To help achieve this, they hired legal consultants and entered into an agreement with a marketing firm called NAMS to promote the college. However, NAMS failed to provide the promised month of promotional support. As a result, TAM's College is taking legal action against NAMS for breaching the valid contract. Additionally, TAM's College faces liability for an employee's injury due to the doctrine of vicarious liability, as the employee was not properly supervised according to the college's instructions.
TAM's College hired a marketing company, NAMS, to help promote the school. NAMS failed to fulfill the terms of their one-month contract, for which TAM's sued them. Additionally, a TAM's employee was injured while on duty without proper protective gear, as supervisors failed to enforce safety policies. The employee's family sued TAM's, and due to vicarious liability laws, TAM's was held responsible despite not being directly negligent. The document discusses the elements of a valid contract, types of liability, and how tort and contract law were applied in these two scenarios involving TAM's College.
TAM's College hired a marketing agency, NAMS, to help improve their reputation. NAMS agreed to provide intensive promotion for one month for £2500. However, NAMS stopped the marketing campaign early due to lack of payment. TAM's College sued NAMS for breach of contract. Additionally, a night guard at TAM's College was injured while on duty for not wearing the proper uniform, as instructed. The guard's family sued and won due to the doctrine of vicarious liability, whereby TAM's College was held legally responsible despite not being directly at fault.
This document discusses contracts and negligence for a business college. The college entered into a contract with a marketing agency to help improve its reputation but faced legal issues. It was sued due to negligence after a staff member was injured for not wearing proper attire. The college is liable through vicarious liability principles.
This document discusses aspects of contracts and negligence for business. It analyzes the essential elements of a valid contract, different types of contracts and their impacts, and terms included in contracts. It then applies these contract principles to the scenario of TAM's College contracting with NAMS marketing firm. It also contrasts liability in tort versus contract, discusses the nature of liability in negligence and vicarious liability in business. Finally, it applies the principles of negligence tort, defenses against negligence, and vicarious liability to the scenario of a non-teaching staff member of TAM's College getting injured.
This document contains an executive summary and table of contents for an assignment on aspects of contracts and negligence for a business course. The executive summary discusses how a college hired legal advisors and a marketing agency. It also discusses how a non-teaching staff was injured after ignoring instructions to follow the dress code. The college is bound by vicarious liability laws to pay compensation. The table of contents outlines the document's four tasks, which apply elements of contracts and negligence to different scenarios and analyze terms, defenses, and vicarious liability.
TAM's College entered into a one-month contract with NAMS marketing firm to promote the college. NAMS broke the agreement after one week. TAM's College has taken legal action against NAMS for breach of contract based on oral evidence. Additionally, TAM's College is facing prosecution due to a non-teaching staff member being injured for not wearing proper attire during work. TAM's College may be held vicariously liable for the staff member's injury under business liability law.
The document discusses contracts and negligence in business. It provides details on the elements required for a valid contract between TAM's College and a marketing firm called NAMS. The key points are:
1) TAM's College hired NAMS to help promote the school, agreeing to a one month contract and paying an advance of £2,500.
2) TAM's is now taking legal action against NAMS because they failed to deliver on the promises in the contract.
3) As an employer, TAM's College was also found vicariously liable for injuries suffered by an employee, and had to pay compensation.
TAM's College entered into a one-month marketing contract with NAMS but NAMS failed to fulfill its obligations. TAM's College is now taking legal action against NAMS for breaching the contract. Additionally, TAM's College faces liability for an accident involving one of its employees who was not wearing proper protective clothing on the job. Under the principle of vicarious liability, businesses can be held responsible for torts committed by employees in the course of their work. TAM's College must now deal with the legal consequences of both the contract dispute and potential negligence claims.
TAM's College hired a marketing company, NAMS, to help promote the school. NAMS failed to fulfill the terms of their one-month contract, for which TAM's sued them. Additionally, a TAM's employee was injured while on duty without proper protective gear, as supervisors failed to enforce safety policies. The employee's family sued TAM's, and due to vicarious liability laws, TAM's was held responsible despite not being directly negligent. The document discusses the elements of a valid contract, types of liability, and how tort and contract law were applied in these two scenarios involving TAM's College.
TAM's College hired a marketing agency, NAMS, to help improve their reputation. NAMS agreed to provide intensive promotion for one month for £2500. However, NAMS stopped the marketing campaign early due to lack of payment. TAM's College sued NAMS for breach of contract. Additionally, a night guard at TAM's College was injured while on duty for not wearing the proper uniform, as instructed. The guard's family sued and won due to the doctrine of vicarious liability, whereby TAM's College was held legally responsible despite not being directly at fault.
This document discusses contracts and negligence for a business college. The college entered into a contract with a marketing agency to help improve its reputation but faced legal issues. It was sued due to negligence after a staff member was injured for not wearing proper attire. The college is liable through vicarious liability principles.
This document discusses aspects of contracts and negligence for business. It analyzes the essential elements of a valid contract, different types of contracts and their impacts, and terms included in contracts. It then applies these contract principles to the scenario of TAM's College contracting with NAMS marketing firm. It also contrasts liability in tort versus contract, discusses the nature of liability in negligence and vicarious liability in business. Finally, it applies the principles of negligence tort, defenses against negligence, and vicarious liability to the scenario of a non-teaching staff member of TAM's College getting injured.
This document contains an executive summary and table of contents for an assignment on aspects of contracts and negligence for a business course. The executive summary discusses how a college hired legal advisors and a marketing agency. It also discusses how a non-teaching staff was injured after ignoring instructions to follow the dress code. The college is bound by vicarious liability laws to pay compensation. The table of contents outlines the document's four tasks, which apply elements of contracts and negligence to different scenarios and analyze terms, defenses, and vicarious liability.
TAM's College entered into a one-month contract with NAMS marketing firm to promote the college. NAMS broke the agreement after one week. TAM's College has taken legal action against NAMS for breach of contract based on oral evidence. Additionally, TAM's College is facing prosecution due to a non-teaching staff member being injured for not wearing proper attire during work. TAM's College may be held vicariously liable for the staff member's injury under business liability law.
The document discusses contracts and negligence in business. It provides details on the elements required for a valid contract between TAM's College and a marketing firm called NAMS. The key points are:
1) TAM's College hired NAMS to help promote the school, agreeing to a one month contract and paying an advance of £2,500.
2) TAM's is now taking legal action against NAMS because they failed to deliver on the promises in the contract.
3) As an employer, TAM's College was also found vicariously liable for injuries suffered by an employee, and had to pay compensation.
TAM's College entered into a one-month marketing contract with NAMS but NAMS failed to fulfill its obligations. TAM's College is now taking legal action against NAMS for breaching the contract. Additionally, TAM's College faces liability for an accident involving one of its employees who was not wearing proper protective clothing on the job. Under the principle of vicarious liability, businesses can be held responsible for torts committed by employees in the course of their work. TAM's College must now deal with the legal consequences of both the contract dispute and potential negligence claims.
TAM's college is trying to become one of the best educational institutes in the UK. They have hired marketing firms and legal advisors to help achieve this. One marketing firm, NAMS, failed to provide the promised month of promotion, breaching their contract. Additionally, a staff member at TAM's college was injured on duty without proper uniform, and the family sued. TAM's college denied responsibility but may be liable under vicarious liability doctrine. The document discusses contract and tort law relating to these scenarios, including elements of a valid contract, types of contracts, negligence liability, and defenses against negligence claims.
TAM's College has contracted with various agencies to help promote the college and handle legal matters. NAMS, a marketing firm, broke their contract to provide intensive marketing for one month. As a result, TAM's took legal action against NAMS for breaching the contract. Additionally, a security guard was sent out on duty without proper uniform in violation of the college's policies. During his shift, the guard was injured in an accident. The college denied the guard's compensation claim, citing his failure to follow the uniform policy. The guard's family is now taking legal action against the college.
TAM's College signed a contract with a marketing firm called NAMS to provide promotional services for one month. However, NAMS breached the contract by failing to provide the agreed upon services and asking for an extension. In response, TAM's College took legal action against NAMS based on terms in the contract. Additionally, TAM's College faces a trial related to an accident involving a staff member who was not wearing proper protective gear. As a result, TAM's College must now deal with the legal proceedings stemming from the explicit liability doctrines in business law.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
10 Small Bus and New Mistakes Article, August 2015, BNA Bloomberg FCRRichard D. Lieberman
1. The document discusses ten big mistakes commonly made by small businesses and new government contractors. It explains that the differences between commercial and federal government contracting often account for misunderstandings.
2. Federal contracting has a much more extensive statutory and regulatory framework compared to commercial contracts. It also has different types of contracts like cost-reimbursement. Government contracts also generally require more formality with written documents and competition.
3. The authority of agents, auditing practices, socioeconomic requirements, contract modifications, consideration requirements, and termination for convenience differ significantly between commercial and government contracting. Understanding these differences is important to avoid common mistakes.
Charfauros bus415 wk4. Copyright 2013 Edward F. T. Charfauros. Reference, www...Edward F. T. Charfauros
Foodmart, Inc. is a large grocery store chain facing several contract-related scenarios. Scenario 1 involves Foodmart suing Masterpiece for breaching a building contract. Scenario 2 involves an underage person contracting to purchase a vehicle. Scenario 3 examines whether an exchange of emails formed a valid contract to build an addition. Scenario 4 addresses whether Foodmart can modify its delivery agreement with a supplier. Each scenario raises issues of offer/acceptance, consideration, capacity to contract, and remedies for breach.
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
The document provides an overview of basic contract law concepts, including definitions of key terms, the elements required for a valid contract, and remedies for breach of contract. It discusses why Lehigh enters into contracts, the sources of contract law, and challenges to consider when drafting and negotiating agreements. The document cautions that contracts should be reviewed carefully and signed only by authorized individuals to avoid potential legal issues.
Gerald ogoko paper on representation through apparent authorityGerald Ogoko
This document discusses the legal doctrine of apparent authority. It defines apparent authority and distinguishes it from actual authority. Apparent authority is a form of estoppel where a third party reasonably believes an agent has authority to act for a principal based on the principal's representations, even if no actual authority was given. The document examines several court cases that help establish the scope and limits of apparent authority. It also explores the critical factors of the representation that creates apparent authority, such as its origin, nature, and timing. The conclusion emphasizes principals should formalize representations of an agent's authority to prevent exceeding the scope of their agreement.
This document discusses the legal aspects of business related to agency contracts and analyzes different types of agencies and their contract laws. It provides background on the Watteau vs. Fenwick case from 1890s England where a supplier sued an organization for unpaid debts incurred by their agent. The agent was instructed not to make purchases on credit but did so anyway. The document outlines the agent's rights including right of retainer, stoppage in transit, claiming remuneration, and indemnity. It also discusses the authority of agents, distinguishing between express actual authority and implied actual authority based on the case details.
Civil and common law systems differ in their approaches to contract law in several key ways:
1. Civil law places more importance on classifying contracts into categories like bilateral, unilateral, onerous, and gratuitous. These classifications further define contractual requirements.
2. Formation principles in civil law, like consent, capacity, subject matter and legal cause, are similar to but have nuances from common law's offer, acceptance, and consideration.
3. Specific performance is the primary remedy in civil law, while common law prefers monetary damages and mitigation. Civil law courts have weaker enforcement powers for specific performance.
This document discusses various aspects of contracts and negligence. It begins by outlining the essential elements required for a valid contract, including offer and acceptance, intention to create legal relations, consideration, and free consent. It then examines different types of contracts and terms that may be included. Several business scenarios are analyzed to demonstrate how contracts may or may not be formed based on the presence of essential elements. The document also explores the differences between contractual liability and tort liability, as well as the nature of liability in negligence cases. Vicarious liability is briefly discussed. Overall, the document provides a comprehensive overview of key legal concepts relating to contracts and negligence.
This document provides an overview of how the government buys goods and services in three parts. Part 2 discusses the primary contracting methods used by the government, including micro-purchases, simplified acquisition procedures, sealed bidding, contracting by negotiation, and consolidated purchasing programs. It also covers the main types of contracts, such as fixed price, cost reimbursement, incentive, indefinite delivery, time and materials, and agreements. The goal is to help small businesses understand the standardized procedures and rules that govern government procurement.
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document discusses human resource management and personal management. It begins with an executive summary highlighting the key differences between the two. The document then covers various aspects of human resource management, including recruitment and selection processes, reward systems to motivate employees, and mechanisms for terminating employment. It emphasizes the importance of HRM for organizations and how HR policies should be designed to support employees. The legal and regulatory framework governing employment is also addressed.
This document contains an outline for an assignment on aspects of contracts and negligence for a business. It includes 4 tasks:
1. Discussion of essential elements of a valid contract, impact of different contract types, and analysis of contract terms.
2. Application of contract elements to a case study, application of law to terms, and evaluation of term effects.
3. Contrasting contractual and tort liability, discussing the nature of negligence liability, and vicarious business liability.
4. Application of negligence tort and defenses to situations, and identifying potential negligence sources.
The document discusses various aspects of human resource management. It covers recruiting employees, rewarding and motivating employees, performance reviews, and cessation of employment. Recruiting involves job analysis, interviews, and selecting candidates. Reward systems aim to increase productivity through compensation, promotions, and recognition. Performance is reviewed through observation, ratings, and rankings to provide feedback and incentives. Employment can cease due to causes like violations of company policies or poor performance. Organizations must follow legal procedures when terminating employees.
This document discusses human resource management practices. It covers Guest's model of HRM, differences between personnel management, industrial relations and HRM, developing strategic HRM approaches, flexibility models including Atkinson's core and peripheral workforce model, types of flexibility for organizations, flexible practices from employer and employee perspectives, and the impact of labor market fluctuations on flexibility.
This document appears to be an assignment analyzing various aspects of contracts and negligence for a business. It contains 4 tasks that discuss essential elements of a valid contract, different types of contracts and their impact, analysis of contract terms, application of contract law, tort liability versus contractual liability, negligence liability, and vicarious liability in business situations. The document also includes an executive summary, table of contents, and references section.
TAM's college is trying to become one of the best educational institutes in the UK. They have hired marketing firms and legal advisors to help achieve this. One marketing firm, NAMS, failed to provide the promised month of promotion, breaching their contract. Additionally, a staff member at TAM's college was injured on duty without proper uniform, and the family sued. TAM's college denied responsibility but may be liable under vicarious liability doctrine. The document discusses contract and tort law relating to these scenarios, including elements of a valid contract, types of contracts, negligence liability, and defenses against negligence claims.
TAM's College has contracted with various agencies to help promote the college and handle legal matters. NAMS, a marketing firm, broke their contract to provide intensive marketing for one month. As a result, TAM's took legal action against NAMS for breaching the contract. Additionally, a security guard was sent out on duty without proper uniform in violation of the college's policies. During his shift, the guard was injured in an accident. The college denied the guard's compensation claim, citing his failure to follow the uniform policy. The guard's family is now taking legal action against the college.
TAM's College signed a contract with a marketing firm called NAMS to provide promotional services for one month. However, NAMS breached the contract by failing to provide the agreed upon services and asking for an extension. In response, TAM's College took legal action against NAMS based on terms in the contract. Additionally, TAM's College faces a trial related to an accident involving a staff member who was not wearing proper protective gear. As a result, TAM's College must now deal with the legal proceedings stemming from the explicit liability doctrines in business law.
Aspects of contract and negligence for businessNovoraj Roy
Law identified with business can be finished up as all the law which applies to the rights,
relations and behavior of people and organizations occupied with trade, marketing, exchange,
and deals. This report calls attention to the Essential Elements required for the Formation of a
contract, the distinctive sorts of agreements and their effects.
10 Small Bus and New Mistakes Article, August 2015, BNA Bloomberg FCRRichard D. Lieberman
1. The document discusses ten big mistakes commonly made by small businesses and new government contractors. It explains that the differences between commercial and federal government contracting often account for misunderstandings.
2. Federal contracting has a much more extensive statutory and regulatory framework compared to commercial contracts. It also has different types of contracts like cost-reimbursement. Government contracts also generally require more formality with written documents and competition.
3. The authority of agents, auditing practices, socioeconomic requirements, contract modifications, consideration requirements, and termination for convenience differ significantly between commercial and government contracting. Understanding these differences is important to avoid common mistakes.
Charfauros bus415 wk4. Copyright 2013 Edward F. T. Charfauros. Reference, www...Edward F. T. Charfauros
Foodmart, Inc. is a large grocery store chain facing several contract-related scenarios. Scenario 1 involves Foodmart suing Masterpiece for breaching a building contract. Scenario 2 involves an underage person contracting to purchase a vehicle. Scenario 3 examines whether an exchange of emails formed a valid contract to build an addition. Scenario 4 addresses whether Foodmart can modify its delivery agreement with a supplier. Each scenario raises issues of offer/acceptance, consideration, capacity to contract, and remedies for breach.
This document summarizes key aspects of partnership law regarding when the acts of a partner can bind their other partners to outsiders. It discusses the four requirements under Section 7 of the Partnership Act for a partner's actions to bind the firm: 1) the act was by a partner 2) was within the scope of the firm's business 3) was conducted in the usual way and 4) the outsider knew or believed the person was a partner. The document analyzes several cases that further illustrate these requirements, such as when investment advice could be considered within a firm's usual business activities.
The document provides an overview of basic contract law concepts, including definitions of key terms, the elements required for a valid contract, and remedies for breach of contract. It discusses why Lehigh enters into contracts, the sources of contract law, and challenges to consider when drafting and negotiating agreements. The document cautions that contracts should be reviewed carefully and signed only by authorized individuals to avoid potential legal issues.
Gerald ogoko paper on representation through apparent authorityGerald Ogoko
This document discusses the legal doctrine of apparent authority. It defines apparent authority and distinguishes it from actual authority. Apparent authority is a form of estoppel where a third party reasonably believes an agent has authority to act for a principal based on the principal's representations, even if no actual authority was given. The document examines several court cases that help establish the scope and limits of apparent authority. It also explores the critical factors of the representation that creates apparent authority, such as its origin, nature, and timing. The conclusion emphasizes principals should formalize representations of an agent's authority to prevent exceeding the scope of their agreement.
This document discusses the legal aspects of business related to agency contracts and analyzes different types of agencies and their contract laws. It provides background on the Watteau vs. Fenwick case from 1890s England where a supplier sued an organization for unpaid debts incurred by their agent. The agent was instructed not to make purchases on credit but did so anyway. The document outlines the agent's rights including right of retainer, stoppage in transit, claiming remuneration, and indemnity. It also discusses the authority of agents, distinguishing between express actual authority and implied actual authority based on the case details.
Civil and common law systems differ in their approaches to contract law in several key ways:
1. Civil law places more importance on classifying contracts into categories like bilateral, unilateral, onerous, and gratuitous. These classifications further define contractual requirements.
2. Formation principles in civil law, like consent, capacity, subject matter and legal cause, are similar to but have nuances from common law's offer, acceptance, and consideration.
3. Specific performance is the primary remedy in civil law, while common law prefers monetary damages and mitigation. Civil law courts have weaker enforcement powers for specific performance.
This document discusses various aspects of contracts and negligence. It begins by outlining the essential elements required for a valid contract, including offer and acceptance, intention to create legal relations, consideration, and free consent. It then examines different types of contracts and terms that may be included. Several business scenarios are analyzed to demonstrate how contracts may or may not be formed based on the presence of essential elements. The document also explores the differences between contractual liability and tort liability, as well as the nature of liability in negligence cases. Vicarious liability is briefly discussed. Overall, the document provides a comprehensive overview of key legal concepts relating to contracts and negligence.
This document provides an overview of how the government buys goods and services in three parts. Part 2 discusses the primary contracting methods used by the government, including micro-purchases, simplified acquisition procedures, sealed bidding, contracting by negotiation, and consolidated purchasing programs. It also covers the main types of contracts, such as fixed price, cost reimbursement, incentive, indefinite delivery, time and materials, and agreements. The goal is to help small businesses understand the standardized procedures and rules that govern government procurement.
The survey of 500 solo/small firm Toronto lawyers found that the vast majority (88%) rely on the billable hour to value their legal services. The average hourly rate was $338, with rates ranging from $78 to $750. While 64% offered some form of free initial consultation, the average initial consultation fee was also $338. Excluding contingency fees, only 5% offered alternatives to hourly billing such as fixed fees or day rates. Overall, the dominance of the billable hour may be challenged as lawyers begin to leverage technology to provide more affordable and convenient legal services.
This document discusses human resource management and personal management. It begins with an executive summary highlighting the key differences between the two. The document then covers various aspects of human resource management, including recruitment and selection processes, reward systems to motivate employees, and mechanisms for terminating employment. It emphasizes the importance of HRM for organizations and how HR policies should be designed to support employees. The legal and regulatory framework governing employment is also addressed.
This document contains an outline for an assignment on aspects of contracts and negligence for a business. It includes 4 tasks:
1. Discussion of essential elements of a valid contract, impact of different contract types, and analysis of contract terms.
2. Application of contract elements to a case study, application of law to terms, and evaluation of term effects.
3. Contrasting contractual and tort liability, discussing the nature of negligence liability, and vicarious business liability.
4. Application of negligence tort and defenses to situations, and identifying potential negligence sources.
The document discusses various aspects of human resource management. It covers recruiting employees, rewarding and motivating employees, performance reviews, and cessation of employment. Recruiting involves job analysis, interviews, and selecting candidates. Reward systems aim to increase productivity through compensation, promotions, and recognition. Performance is reviewed through observation, ratings, and rankings to provide feedback and incentives. Employment can cease due to causes like violations of company policies or poor performance. Organizations must follow legal procedures when terminating employees.
This document discusses human resource management practices. It covers Guest's model of HRM, differences between personnel management, industrial relations and HRM, developing strategic HRM approaches, flexibility models including Atkinson's core and peripheral workforce model, types of flexibility for organizations, flexible practices from employer and employee perspectives, and the impact of labor market fluctuations on flexibility.
This document appears to be an assignment analyzing various aspects of contracts and negligence for a business. It contains 4 tasks that discuss essential elements of a valid contract, different types of contracts and their impact, analysis of contract terms, application of contract law, tort liability versus contractual liability, negligence liability, and vicarious liability in business situations. The document also includes an executive summary, table of contents, and references section.
This document discusses human resource management practices at organizations. It covers recruitment processes like job analysis, advertising openings, application reviews and interviews. It also discusses retaining employees through rewards, motivation techniques, and performance reviews. The roles of line managers and legal/regulatory frameworks that impact HR are examined. Common causes for employment termination and organizations' procedures for exiting employees are also summarized.
The document discusses a case involving contracts between TAM's College and NAMS marketing firm. NAMS was hired for one month to promote TAM's but broke the contract after one week. TAM's sued based on a contract term requiring NAMS to refund fees and pay £1500 if they failed to deliver. TAM's was also sued under vicarious liability because a staff member was injured for not wearing proper attire as required. The document analyzes elements of a valid contract, different contract types, terms, and defenses. It contrasts tort and contractual liability, discusses negligence elements and defenses, and how vicarious liability applies to businesses.
Organizations can gain a competitive advantage through effective human resource management policies that lead to committed employees. This document discusses key aspects of human resource management, including recruiting employees, rewarding and motivating staff, and managing employment termination. It emphasizes that recruiting the right individuals, providing rewards, and establishing fair HR policies are essential to retaining talented workers. Change management aims to transition organizations to a desired future state through structures and tools that minimize negative impacts while accelerating benefits.
This document provides an assignment on managing human resources. It covers several key topics:
1) Different human resource management models and how they are applied.
2) Developing flexibility in the workplace through practices like part-time work, job sharing, etc. It also discusses how changes in the labor market impact flexibility.
3) Equal opportunity legislation and how it aims to reduce discrimination based on factors like age, gender, disability, religion, and background.
4) Techniques for performance management, assessing employee welfare, and implications of health and safety laws. It examines how current issues shape human resource applications.
The document discusses human resource management. It covers recruiting employees, rewarding and motivating employees, managing employee exits, and the impact of legal and regulatory frameworks on HR. Specifically, it discusses:
- The differences between personal management and HR management, and the roles and responsibilities of line managers in HR.
- The key functions of HR including recruitment, motivation, performance management, training and development, and implementing HR policies.
- The importance of recruiting the right employees and providing rewards and motivation to inspire employee retention.
- Mechanisms for managing employee exits or terminations.
- How legal and regulatory frameworks influence HR practices regarding issues like anti-discrimination laws.
The document discusses human resource management strategies for organizations. It covers recruiting staff, paying and motivating employees, and monitoring employee performance. For recruiting, it describes the phases of recruitment like job analysis, advertising positions, screening applications, and selecting candidates. It also discusses how compensation is determined through job evaluation and different factors. Maintaining an effective reward system is important for motivating employees and improving productivity. Supervisors also play a key role in observing employee work and providing feedback to help performance. Throughout, the document emphasizes the importance of human resource management practices for organizations to hire and retain skilled staff.
This document discusses various aspects of human resource management including different perspectives on HRM, developing flexibility in the workplace, the impact of equal opportunities, and approaches to HR practices. It begins with an overview of Guest's model of HRM and how Unilever established its HR strategies. It then examines developing strategic HRM approaches and the impact of line managers and employees. Subsequent sections cover developing flexibility using Atkinson's core and peripheral workforce model, the types and impact of flexible working practices, and the implications of changes in labor markets. The document also discusses discrimination in the workplace and the implications of equal opportunity legislation for organizations. Finally, it compares methods of performance management, evaluates employee welfare management, and examines the implications of health and
The document discusses a case involving TAM's College hiring a marketing firm, NAMS, to promote the college. TAM's paid NAMS £1500 upfront but NAMS broke the contract terms by missing deadlines. TAM's is suing NAMS to get their money back. Additionally, a TAM's staff member was injured on the job for not wearing proper protective gear as required. TAM's is facing legal penalties due to vicarious liability policies. The document analyzes contract elements, types of contracts, negligence torts, and defenses against negligence in analyzing both legal situations.
This document appears to be an assignment on contracts and negligence for a business course. It includes an executive summary and is divided into four tasks. Task 1 discusses elements of a valid contract, different types of contracts, and analysis of contract terms. Task 2 applies elements of a contract to a case study and discusses requirements for a valid contract. Task 3 contrasts contractual and tort liability, discusses the nature of negligence liability, and vicarious liability in business. Task 4 applies tort of negligence and defenses to the case study, and discusses application of vicarious liability. In conclusion, it analyzes how the case study highlights issues of valid contracts, negligence liability, and vicarious liability.
This document contains information about a group assignment for a contract law class. It lists the names and registration numbers of 3 students - Hadija Nyagawa, Masunga Jandika, and Christian Mrema. The rest of the document summarizes key concepts of contract law, including the requirements for a valid contract, acceptance of an offer, interpretation of contracts, capacity to contract, remedies for breach of contract, and ways a contract can be discharged.
The body of rules governing the formation and execution of contracts is known as contract law. The Indian Contract Act of 1872 functions as a comprehensive guidebook governing agreements and contracts in India. This legislation was enacted to create a framework for contract law, and it has undergone several revisions to accommodate changing economic conditions.
The document discusses Memorandums of Understanding (MOUs), including what they are, why they are created, and factors that determine whether an MOU is legally enforceable. Some key points:
- MOUs outline mutual understanding and plans between two or more parties, but are generally not legally binding like contracts. They help avoid disputes by defining roles and responsibilities.
- Courts examine elements like the parties' intent, language used, conduct after signing, and inclusion of clauses on confidentiality, dispute resolution, and liability when deciding enforceability.
- MOUs can become enforceable if they satisfy contract requirements and indicate the parties intended to be legally bound through factors like specifying consequences for breach. The inclusion of in
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Having over two decades of experience in commercial contracts, Bradford Jacob, Virginia resident and attorney, is the president of EPC Consulting LLC. With a mission to provide consulting services in the construction and energy sector, Virginia State Bar member Bradford Jacob provides essential contract management services to clients.
The document discusses fundamentals of contract drafting in the US legal system. It outlines key elements that attorneys should consider when drafting a contract, including understanding the client's goals and concerns, the opposing party's position, negotiable terms, and how to address potential disputes. Specific issues that require attention are terms of liability, jurisdiction, confidentiality provisions, termination conditions, and intellectual property rights. The document emphasizes drafting contracts clearly and anticipating conflicts to best protect the client's interests.
Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit.
How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
1. Consideration is what each party provides in a contract, such as money for goods. Executed consideration involves a thing in return for a promise, while executory consideration involves promises to perform future acts.
2. A party cannot claim consideration for doing something they are already legally obligated to do. A contract also requires an unforeseen event that radically changes completion and is not caused by either party to discharge the contract due to frustration.
3. An offer must be clearly defined and accepted for a contract to form, and an offer can end through rejection, lapse of time, or revocation. Acceptance generally occurs when a letter is posted, not received.
Online Assignments Australia is pioneer in assignment writing service, Valid contract Assignment Help is based on essential elements of valid contract .
Running Head ELEMENTS OF A CONTRACT 1 .docxtodd271
Running Head: ELEMENTS OF A CONTRACT
1
ELEMENTS OF A CONTRACT
6
Elements of a Contract
BUS 670 Legal Environment
12/11/17
Elements of a Contract
A contract of employment refers to the agreement between the employer and employee that forms the basis for an employment relationship. In most cases, a contract takes effect as soon as an employee employment offer is accepted. By starting to work ideally demonstrates that the employee has accepted the employer’s terms and conditions bade. However, an existing employment contract can only be varied with the understanding of both parties. To grasp entropy behind varying or changing a contract.
Contract cancellation occurs when either party involved ends a contract supposedly for a violation by the other. The party that cancels that contract retains any remediation for the violation of the contract. When one party breaches the terms and conditions of the signed contract, the other concerned party bears the right to cancel. As such, the integral contract may be rolled down, refunding of previously payments and ending any remaining obligations. Contract termination falls out when either party involved ends a contract in other respects prior to a breach as perceived by the scenario.
With this integral occurrence, any components of a contract that had initially to be accomplished will be left behind, but any future obligations that are not yet carried out will cease. However, like the binding of the contract, the requisite elements of contract terms that must be established in order to demonstrate the legal formality for the process involves; offer, acceptance, consideration, mutuality of obligation and competency (Tepper, 2014).
About to offer, it is crucial to check out the terms and conditions of the agreement of a termination or rescission clause. Recession basically relates to the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made (Morawetz, 1925). Some contractual agreements might automatically terminate the contract after a fixed event or term while some can be canceled officially without the permission of another party. If the contractual agreement is arranged to terminate within the near future, then one might only allow the contract to lapse. All the same, if the contract agreement has a friendly rescission clause, then contract termination may not be of the essence.
Following the apprehension of the terms and condition, one is thereby expected to verify whether the agreement is accorded a notice provision. Much of contractual agreements require that all established correspondence among the parties involved be executed through communication in writing. Set off the address of o.
Commercial law governs business transactions and provides rules that merchants must follow. It includes areas like contracts, company law, sales, and banking. Commercial law must be flexible to adapt to changes in business and globalization, while also providing certainty. The foundation of commercial law is contract formation, which allows parties to enter transactions with assurance agreements will be enforced. For a valid contract, there must be an offer, acceptance of that offer, and consideration or benefit exchanged between the parties. Commercial law covers legal issues that arise before a lawsuit is filed.
The document discusses various aspects of human resource management. It covers topics such as the difference between personnel management and HRM, stages of recruitment, evaluating recruitment methods of two companies, linking rewards to employee motivation, and determining pay through job analysis. HRM aims to leverage employees' skills and contributes to organizational success. Effective recruitment and compensation practices are important for attracting and retaining talented workers.
The assistant of the manager observant the
workers performance and reports to the manager.
Self-assessment: The workers self-assessment their performance and submit to the manager.
Client feedback: The client feedback is additionally a vital issue for watching the worker
performance.
Peer review: The co-workers review one another’s performance.
360-degree feedback: It involves feedback from the manager, peers, subordinates, and
customers.
13
Performance appraisal: The manager conducts periodic performance appraisals to judge the
worker’s performance.
Key performance indicators: Key metrics like sales, productivity, quality, etc. are tracked to
measure performance.
These factors helps the manager to spot the
The document discusses human resource management (HRM) functions like recruitment, training, compensation, and retention. It outlines the recruitment process which includes job analysis, advertising openings, screening applications, interviews, and hiring. It also discusses rewarding and evaluating employee performance to motivate and retain staff. The roles of line managers in tasks like performance reviews and maintaining workplace standards are described. Finally, it notes the impact of legal and regulatory frameworks on carrying out HRM activities.
1. This document discusses human resource management practices at an organization. It covers recruiting employees, rewarding and motivating employees, and managing employee termination.
2. It compares personal management to human resource management, noting that HRM directly influences employees while personal management has an indirect influence. The main functions of HRM are recruitment, motivation, performance management, training and development, and implementing policies.
3. Line managers play an important role in HRM, as they are responsible for tasks like evaluating employee performance, disciplining employees, and addressing customer needs. They also provide input on progress and issues to the HRM team.
Human resource management plays a key role in organizational success. Effective HRM policies help recruit and retain committed employees who contribute to competitive advantage. The document discusses differences between personal and HRM, recruitment processes, rewarding and motivating employees, and managing employee departures. It also covers the impact of legal requirements on HRM and the roles of line managers in performance monitoring.
This document discusses various aspects of human resource management. It covers recruiting employees, motivating and retaining talent, and ending employment. It describes the functions of HR departments including recruitment, compensation, and ensuring fair workplace policies. It also examines the roles of line managers in overseeing employees and discusses how legal frameworks impact HRM. The document outlines the stages of recruitment including job analysis, advertising, interviews and final selection. It compares the recruitment processes between two companies. It explores reward systems for motivating workers and monitoring their performance. Finally, it addresses the reasons and procedures for ending a person's employment.
This document discusses human resource management practices at Cisco. It covers topics such as the difference between personnel management and HRM, recruitment and selection processes, compensation to motivate employees, and the influence of legal and regulatory frameworks on HRM. The recruitment process involves job analysis, developing job descriptions, advertising openings, reviewing applications, interviewing candidates, and making offers. Effective compensation considers job evaluations and rewards good performance. Legal requirements shape HRM activities like ensuring non-discrimination and workplace protections.
This document discusses human resource management practices at Cisco Systems. It covers the recruitment process, performance management, training and development, compensation and benefits, and employee separation. The recruitment process involves job analysis, descriptions, sourcing candidates, screening, selection, and onboarding. Performance is monitored through observation, assessment, and ranking. Rewards and compensation are linked to job analysis and factors like skills, experience, and position. Causes for employment termination include poor performance, policy violations, and illegal actions. The organization aims to retain talent through measures like a supportive work environment, training, and feedback. Legal and regulatory frameworks guide the HR processes.
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The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
This presentation was provided by Rebecca Benner, Ph.D., of the American Society of Anesthesiologists, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
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Ac 2
1. An assignment on
Aspect of contracts and Negligence’s for the
business
Submitted:
Name:
ID:
Submitted To:
Date of Submission
1
2. Executive Summary
The management of TAM‟s college desires to turn this college into one the most best
educational institutes in United Kingdom. Only for this reason they are appointing legal
help to solve any future legal issues and risks. TAM‟s college has also made a formal
relation with one of the marketing firms named NAMS to promote TAM‟s college.
Besides the TAM‟s college has faced the trial against them because one of their
employee did not pay attention to the instructions that are made by the management of
TAM‟s college. The authority of TAM‟s college is obliged to pay the compensation to the
injured employee because of the vicarious liability doctrine.
2
3. Table of Contents
Executive Summary ........................................................................................................ 2
Task 1 .......................................................................................................................... 4
1.1 ESSENTIAL ELEMENTS OF A VALID CONTRACT ............................................................ 4
1.2 THE IMPACT OF DIFFERENT TYPES OF CONTRACT ....................................................... 5
1.3 ANALYSIS OF TERMS IN CONTRACTS .......................................................................... 6
Task 2 ............................................................................................................................. 7
2.1 APPLICATION OF THE ELEMENTS OF CONTRACT .......................................................... 7
2.2 APPLICATION OF THE LAW ......................................................................................... 9
2.3 EVALUATION OF THE EFFECT OF DIFFERENT TERMS ................................................ 9
Task 3 ........................................................................................................................... 11
3.1 CONTRASTING LIABILITY IN TORT WITH CONTRACTUAL LIABILITY ................................ 11
3.2 THE NATURE OF LIABILITY IN NEGLIGENCE ............................................................... 11
3.3 VICARIOUS LIABILITY IN BUSINESS ............................................................................ 11
Task 4 ........................................................................................................................... 13
4.1 APPLICATION OF THE TORT OF NEGLIGENCE AND DEFENSES...................................... 13
4.2 APPLICATION OF VICARIOUS LIABILITY ...................................................................... 14
Conclusion .................................................................................................................... 15
References .................................................................................................................... 16
3
4. Task 1
1.1 ESSENTIAL ELEMENTS OF A VALID CONTRACT
There are few essential elements of contract that are significant in order to make a valid
contract. There are six essential elements of a valid contract. The essential elements of
a valid contract are given below.
Lawful Consideration: A related affirmation lead to an agreement where the
individual accepting the offer takes deduction established on some authorized
consideration (Hare, J. I. Clark. 2003).
Offer and Acceptance: In association to design a legal affirmation an offer has
to be prepared and it is the opening direction to an affirmation (Roberts, M. &
Zahay, D. 2012). Followed by the offer the parties involved in the agreement have
to agree upon the offer and as a result form an affirmation.
Free Consent: In order to go in to a valid agreement the two parties required
providing their free permission, or the contract will be guided as a useless and
void affirmation (Black, H. C. 1979).
Writing and Registration: An authorized deal has to be in a written outline and
listed by the government supervision to make the affirmation legitimate (Black, H.
C. 1979).
Enforceable by Law: A proper affirmation is enforceable by instruction or it will
be counseled as the trendy of break of agreement (Black, H. C. 1979).
Formal Relation: alignment to make a legitimate affirmation Official relation has
to be considered. Any act of unplanned affirmation will not be measured as an
official agreement (Wood, D. and Smith, P. 1989).
4
5. 1.2 THE IMPACT OF DIFFERENT TYPES OF CONTRACT
There are many types of contracts that are;
Implied Contact: This kind of contracts arises when a distinct behaves like
he/she owns any property and sell those assets. To mold a legitimate
confirmation free consent is important of the both parties (Black, H. C. 1979). But
in case of implied contract it will be suggested as a legitimate agreement if one
party does not give consent. For demonstration; if a servant sells his or her
proprietor‟s stuffs as if s/he is the proprietor of the assets without the free
consent of the proprietor then it will be advised as an implied agreement.
Executed Contact: It is a type of contract where both parties fulfill the terms and
conditions of the contracts earlier they go in to a contract and there is nothing to
be controlled by each party (Wood, D. and Smith, P. 1989).If it is an executed
contract, then the performance of the parties shows that there is no contract.
Express Contract: Express contract refers to the type of contracts where it is
either in the formation of a writing document or it can even be in the oral pattern
which is acknowledged to the authority that focuses on the consent to terms
(Hare, J. I. Clark. 2003).
Contract under Seal: The customary procedure of making an agreement legit is
the concluding of the lawful item that is enforceable (DiMatteo, L. A. 1998). It is
important to assess the documents with seals and the parties are legally
responsible to accept the outcomes of the affirmation after it is sealed.
5
6. 1.3 ANALYSIS OF TERMS IN CONTRACTS
There are many determinations of a contract. It is vital for the parties to gather the
separate kinds of agreements, stages, and residents which not only supports the parties
to trail with the testimonials but also supports to decrease statement costs (Hare, J. I.
Clark. 2003).
The TAM‟s college desires to become the best scholastic institutes of UK. So, they are
making every single effort to gain the attention and allocating assistances and lawful
consultants to aid them accomplishing their aims. In the procedure of becoming the best
scholastic institute in UK, they are going into contracts with some organizations for their
advertising and promotion reasons and clarifying the lawful matters. To design an
appropriate agreement there must be some variation among the exchanging of terms
between the parties and TAM‟s college is making every effort to bring the variations.
6
7. Task 2
2.1 APPLICATION OF THE ELEMENTS OF CONTRACT
The parties involved in a contract must respect the periods and conditions of the
contract and if one party or the other party contradicts from the pledge of affirmation
then the party respecting the affirmation can proceed to court and take lawful actions
(Marsh, P.D.V. 2001). Because a legitimate affirmation is enforceable by regulation.
The basic elements of the contract with NAMS are:
Acceptan
ce
Enforcea
ble by
law
Offer
Free
consent
Formal
relation
Figure: Basic Elements of Valid Contract
NAMS gave suggestions for focused marketing for one month to take TAM‟s status
upper and help them to fit into one of the best educational institutes in the UK. In a
certified legal contract proposal is the beginning of a contract with an additional party
and forms a business relationship.
7
8. In order to create an effective contract the terms and conditions of the contract has to
be established by the parties taking part in the contract, else it will be measured as a
void contract. TAM‟s college has accepted the NAMS advertising application for one
month and paid the initial fee of £2500 and come into a lawful contract. Both of the
parties in the contract entered into the contract with free bargain and a written
guarantee turned the contract in a formal relation.
Valid contract is enforceable by law. The supervision of TAM‟s college has the ability
and evidence that NAMS has cracked the contract agreement and the initial term.
NAMS were unable to provide promotional support to TAM‟s college so that the TAM‟s
college has engaged with legitimate actions against NAMS.
8
9. 2.2 APPLICATION OF THE L AW
The parties loyal in agreement give self-guarantee and increase the episodes and
conditions of an agreement (Marsh, P.D.V. 2001). Approach of the parties may affect
from the assertion which was supposed to be in use as just a pre-affirmation of the
legitimate agreement and accordingly not part of the affirmation (DiMatteo, L. A. 1998).
As soon as two or more parties make an agreement then there are several vital
components that must be advised in order to create a legitimate agreement. Parties to a
convention pursue only its terms, not by any slight affirmations that perhaps not be
accomplished.
To form a valid contract certain requirements are needed. Such as;
Collateral Contracts
•Where the affirmation have
been conceived and
proposed as to make
certain to induce the main
affirmation. It is a kind of
contract in which the terms
and conditions are
commonly in a writing
pattern as the foundation of
the affirmation. Juries have
been coordinated to find a
security convention
someplace to make the
agreement valid and
beneficial for the parties
acquiesced upon the
agreement (DiMatteo, L. A.
1998).
Contract Includes
Conditions and
Warranties
•The affirmation itself
motivates both the parties.
The more imperative
situation are describing
"Circumstances", the lesser
significant situation are
called "Warranties”. These
components are so
significant that without any
one or supplementary
situation, the parties would
not advance into the
agreement (DiMatteo, L. A.
1998).
Figure: Requirements of Valid Contract
2.3 EVALUATION OF THE EFFECT OF DIFFERENT TERMS
There are numerous terms included in the affirmations and several of them are for
guidelines and principles (Okeke, C.N. 1988). These are formation of assertion and it is
9
10. essential to be in a printed pattern and the close is compulsory. There are various kinds
of guideline and it needs different kinds of procedures.
a) The Patrol Evidences Rule
Oral evidence might not be supplemented or shown to be a false in writing piece.
It is a function that embraces oral evidences (Marsh, P.D.V. 2001). The contract
habitually endeavors to the law of confirmation and concerns not only to accord
but also to all types of identification.
b) Establishing Implied Terms
There are some positions in which agreements need to organize the inferred
periods formally and it is completed from one one-by-one (Leibee, B. C. 1976).
c) Various Types of Conditions
The groundwork for committing a breach of circumstance at universal guideline is
refutation and indemnity (Okeke, C.N. 1988). Different kinds of position may
sway the affirmation and functional judiciousness of word is good for centered
grouping of contractual signal.
The Up-To-The-Minute Observation
In the allocated situation, TAM‟s college has decided to grant the promoting agreement
to NAMS on the foundation of their oral signs of solid marketing and progression for one
month for £6000 and established a conditional agreement among TAM‟s college and
NAMS.
10
11. Task 3
3.1 CONTRASTING LIABILITY IN TORT WITH CONTRACTUAL LIABILITY
Tort and contact liability:
Agreement compensations are established on scarcities that are foreseen, while tort
compensations are compensatory. The directive of tort and of assertion is characterized
as part of the "Law of Obligations", but the regulation of tort anxieties to each distinct
that it is related to, while in the recommendation of arrangement or in faiths obligation is
"Voluntarily Assumed" (DiMatteo, L. A. 1998).
3.2 THE NATURE OF LIABILITY IN NEGLIGENCE
1. DUTY: The glue of communal obligation is the negotiation that binds humans to
one another in worshipers where likings are recommended unsuitably if they
breach a pre-existing desire and restore hastily (DiMatteo, L. A. 1998). The
liability is a compulsion of one individual to another individual, it is apprehended
pattern the public desires and views.
2. Breach of Contract: It is the behaviour of the individuals to advance as a wild
one-by-one or party and not acting out the contracts terms and situation. This
element denotes the pre-existence of a standard of correct behaviour to escape
imposing undue hazards of impairment to persons (Leibee, B. C. 1976). Breach
of assertion is the most significant thing in the contract tort of negligence. NAMS
has break through the assertion when they have terminated the progression and
promoting of TAM‟s college for one week.
3.3 VICARIOUS LIABILITY IN BUSINESS
Vicarious responsibility means that any person can be apprehended lawfully or to blame
for the demanding obsession activities of a different individual nevertheless of the fact
that somebody swamps no inaccuracy in persistence of the careless or tortuous acts
(Leibee, B. C. 1976). It is a principle of English tort policy that imposes firm
accountability on managers for the misconducts of their workers. Typically, a business
11
12. will be detained accountable for any tort promised while a worker is directing their
obligations (DiMatteo, L. A. 1998).
In the allotted situation the management of TAM‟s college released in the policy of
vicarious obligation because the guard‟s family has engaged genuine legal activities
beside the organization. Though the management and the administrators were warned
about the hard luck and were moreover planned to wear appropriate clothing for the
non-teaching personnel to keep away from damages.
The employee who was injured did not pay attention to the organization‟s principles so,
the admin denied to give any compensation for injuries to the sufferer but The TAM‟s
college are bound to pay the benefit because of the principle of vicarious burden.
12
13. Task 4
4.1 APPLICATION OF THE TORT OF NEGLIGENCE AND DEFENSES
There are some basics of the tort negligence and defences in various business
situations, they are given below
Tort Negligence Law: It is a system of law within which it is started and functioned
within the realm of intentional tort law and also the elementary motive of negligence
regulation, is to regulate and defend the workers from injuries that might happen in their
line of work (Emenike, E.U.I. 1989). TAM‟s college‟s non-teaching staff s were guided to
use defensive attire for his or her protection and security
Duty of Care: A person might owe a duty of care to confirm that they are doing not
irrational harm to them (Wood, D. and Smith, P. 1989). If such obligation is broken, a
legitimate liability is compelled. The staffs of TAM‟s college was warned regarding the
impairment and losses that the staff would possibly face.
Sources of Negligence: Negligence may be defined as malfunction to require correct
caution of protection. It is the unintentional break of a legitimate obligation inflicting
harm that reasonably forecast the breach would haven not even appeared (John W.
2009).
Potential sources of
negligence
• Poor selection of
activities
• Use of faulty
equipment
• Inadequate
protection
Defence against
Negligence
• An act of God
• Assumption of risk
• Sudden emergency
Figure: Sources of Negligence
13
14. Potential sources of negligence are:
Inadequate protection: Inadequate protection denotes to careless actions on
portion of the individual who is unwilling to wear protective gears (John W. 2009).
Use of faulty equipment: Another potential source of negligence is the use of
faulty equipment which can cause harm (N. Et Al. Kumar, 2001).
Poor selection of activities: The activities that are beyond the capabilities of
individuals or insufficient knowledge of activities are poor selection of activities
(John W. 2009).
Defence against Negligence:
Sudden emergency: Any act of instant action to help the individual in danger.
Such as, attempt to rescue a person drowning in the water is an act of sudden
emergency (Emenike, E.U.I. 1989).
Assumption of risk: It is assumed that a person takes portion of the risks when
engaging in activity (John W. 2009).
4.2 APPLICATION OF VICARIOUS LIABILITY
The TAM‟s college has ordered the non-teaching staffs to carry out proper clothing that
is made for the staffs duties in order to avoid forthcoming accidents. Though the
superintendents have not listened to the warning and also sent off a guard on duty while
not wearing the appropriate uniform. It is against the business policy.
Although, tortuous blame means someone can be detained lawfully liable for the
reckless actions of a definite individual. During this state of affairs the supervisors were
heedless to the rules which lead one of the staffs to induce injury. However, TAM‟s
college management are discovered blameful due to vicarious liability doctrine.
The authority of the TAM‟s college has denied the compensation to the workers
because the guard was not following the rules of the institution. However underneath
the vicarious liability principle the employer has been lawfully detained for the actions of
the employee because of the vicarious liability doctrine.
14
15. Conclusion
In the given scenarios it can be deduced that TAM‟s college has selected and hired
advisors who can help the institute with legal solutions that might arise in the future.
They even have appointed marketing agencies to promote their feature and name to
capture the student‟s attention. They follow the dream of becoming Britain‟s one of the
best educational institutes. NAMS offered the brightest and comprehensive promotion
program. Then again TAM‟s college was responsible to pay compensation for an
incident with one of their employees. As an outcome TAM‟s had to face lawsuits and
was liable to pay the compensation because of the vicarious Liability.
15
16. References
Black, H. C. (1979). Black Law Dictionary, St. Paul West Publishing Company vol. 57,
no. 2, pp. 217-268.
DiMatteo, L. A. 1998. Contract Theory: The Evolution of Contractual Intent. East
Lansing: Michigan State Univ. Press.
Emenike, E.U.I. (1989). Safety Measures associated with Physical and Health
Education Journals. Vol. 3, No. 1, vol. 48, no. 1, pp. 54-82.
Hare, J. I. Clark. 2003. The Law of Contracts. Clark, N.J.: Law book Exchange.
Hare, J. I. Clark. 2003. The Law of Contracts. Clark, N.J.: Law book Exchange.
John W. (2009) „Business contract and negligence in practice‟ Journal, Vol. 7, No. 3, pp.
5-18.
Leibee, B. C. (1976). Tort Liability for Injuries to employees. Organisation and
Administration. Philadelphia W.B. Saunders Company Journal of Tort Law, vol.
18, no. 1, p. 1.
Marsh, P.D.V. 2001. Contract Negotiation Handbook: Burlington, Vt: Gower
N. Et Al. Kumar, 2001. “Negligence in business” 4th edition, Anmol Publications Mumbai.
Okeke, C.N. (1988). Some Legal aspects of Organizations. A paper presented at a two
day conference organized by the National Sports Commission, Enugu, vol. 13,
no. 5, pp. 707-719.
Wood, D. and Smith, P. (1989) practice of business law in contractual intent: First
Report on the 1987 Survey, Research Paper No. 63, London: Department of
Business law.
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