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.
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.
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.
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.
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 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 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.
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.
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.
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.
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.
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 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 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.
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.
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 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.
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.
Assignment help for Aspect of Contact and Negligence for Business, visit: https://academiapapers.net/, thousands of Academic assignments, essays and homeworks has been published there, So don't miss those
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.
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.
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.
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 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 outlines the key considerations and elements for properly drafting agreements. It discusses gathering necessary details about the parties and subject matter. It also covers important legal issues like offer and acceptance. Well-drafted agreements are clear, concise, logically organized and accurately reflect the intentions of the parties. They also include basic parts like the title, dates, parties, recitals, valuable consideration, definitions, body, interpretations, boiler plate clauses and signatures.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_8_contract_law_terms_o...throwaw4y
This document provides learning objectives and content about contract terms. It discusses the difference between express terms that are explicitly agreed to by parties, and implied terms from courts or statutes. Express terms in a written and signed contract are generally binding even if a party did not read the contract. However, a contract could be void under the doctrine of non est factum if a party was mistaken about the fundamental nature of a document they signed due to factors like illiteracy or misleading representations. The chapter also examines a scenario between Johnny and Maria regarding the sale of half a restaurant business and whether any terms were breached.
The document discusses legal concepts related to contracts and business law. It defines a contract as a legally enforceable promise or exchange of promises that requires an offer, acceptance of that offer, and consideration. Contracts can be verbal, written, or implied based on the actions of parties. The document also discusses sources of contract law, types of contracts such as unilateral and bilateral, and elements required for a valid offer such as intent and definite terms. It provides examples to illustrate concepts like implied-in-fact contracts.
This document summarizes key points from a chapter on written contracts in business law. It discusses the statute of frauds and what types of contracts must be in writing, such as real estate contracts and contracts that cannot be completed within one year. It also addresses exceptions to the statute of frauds and how courts reconcile conflicts between oral and written terms or different written elements in a contract. The chapter provides examples and case studies to illustrate these concepts.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_9_contract_law_enforce...throwaw4y
This document provides learning objectives and summaries for a chapter about enforcing contracts. It discusses:
1) Who can enforce a contract, such as the parties to the contract or third party beneficiaries. Only parties to the contract generally have enforcement rights.
2) Defenses to enforcement if a party did not validly consent, such as if they made a mistake, were pressured or manipulated.
3) Remedies for breach of contract, including damages, contract termination, and other options.
4) How contracts can be terminated by agreement or frustrated. Time limits for taking legal action are also outlined.
The chapter will consider if Johnny can enforce Maria's promise in their business partnership agreement based on these
LAWS1100 Nickolas James Business law 4_e_----_(chapter_10_contract_law_workin...throwaw4y
The document discusses the principal-agent relationship and the legal responsibilities that arise. It defines a principal as the person who authorizes an agent to act on their behalf, defining the agent as the person acting for the principal, and a third party as the person with whom the agent interacts. The principal will be legally bound by the agent's authorized actions but not unauthorized actions. It explores the types of agents, including universal, general, and special agents. It also discusses whether Cathy, as Johnny's agent, had the authority to hire a new waiter and if so, whether that created a legally binding contract between Johnny and the waiter.
This document provides an overview of the contract drafting process. It discusses drafting contracts in 3 parts:
1) Drafting the contract, including learning about the transaction, drafting the initial contract, and revising drafts.
2) The typical parts of a contract, including introductory provisions, defined terms, obligations of the parties, closing provisions, general provisions and signature blocks.
3) Examples of introductory contract provisions like the preamble, recitals, and words of agreement. It provides best practices for drafting these introductory sections.
Basic Contract Law: For Small Business Owners and Independent ContractorsRyan K. Hew
This document summarizes a presentation on basic contract law for small business owners and independent contractors. The presentation covers what constitutes a contract, how contracts are formed, important boilerplate provisions, remedies for breach of contract, common questions, and practical tips. It was presented by attorney Ryan K. Hew and addresses capacity, mutual agreement, consideration, and legality as the four elements of a valid contract.
Five new partners at law firms discuss how they achieved partnership ahead of schedule. Robert Biasotti had 20 years of business experience as a CFO before attending law school in his 40s, motivated by a desire to better communicate with clients. His business background provided a foundation that helped him excel, such as providing crucial insights in an insurance case. Biasotti made partner after five years under his firm's new associate acceleration program, the first to do so. He advises associates to apply relevant experience directly to cases and work with talented lawyers and mentors.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_1_business_and_the_law)throwaw4y
Johnny owns a struggling vegan restaurant and lacks business experience and knowledge of the law. His friend Ash, now a lawyer, encourages Johnny to learn more about business law as it relates to issues he's facing like unreliable suppliers and employees. Ash explains that understanding legal rules is essential for business success, as the law governs many areas like contracts, employment, and dispute resolution. Johnny realizes he needs to learn more about this aspect of running a business.
The document provides an overview of contract law in India, including:
- The Indian Contract Act of 1872 governs contracts in India and defines key terms like agreement, promise, and consideration.
- For a contract to be valid it must meet characteristics like being based on a valid agreement between competent parties, having lawful consideration, clear and lawful terms, and free consent.
- Contracts are classified in various ways including by their enforceability, formation, performance, and obligations. Valid contracts that meet all requirements are enforceable, while void, voidable, or illegal contracts may not be.
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.
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.
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 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.
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.
Assignment help for Aspect of Contact and Negligence for Business, visit: https://academiapapers.net/, thousands of Academic assignments, essays and homeworks has been published there, So don't miss those
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.
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.
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.
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 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 outlines the key considerations and elements for properly drafting agreements. It discusses gathering necessary details about the parties and subject matter. It also covers important legal issues like offer and acceptance. Well-drafted agreements are clear, concise, logically organized and accurately reflect the intentions of the parties. They also include basic parts like the title, dates, parties, recitals, valuable consideration, definitions, body, interpretations, boiler plate clauses and signatures.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_8_contract_law_terms_o...throwaw4y
This document provides learning objectives and content about contract terms. It discusses the difference between express terms that are explicitly agreed to by parties, and implied terms from courts or statutes. Express terms in a written and signed contract are generally binding even if a party did not read the contract. However, a contract could be void under the doctrine of non est factum if a party was mistaken about the fundamental nature of a document they signed due to factors like illiteracy or misleading representations. The chapter also examines a scenario between Johnny and Maria regarding the sale of half a restaurant business and whether any terms were breached.
The document discusses legal concepts related to contracts and business law. It defines a contract as a legally enforceable promise or exchange of promises that requires an offer, acceptance of that offer, and consideration. Contracts can be verbal, written, or implied based on the actions of parties. The document also discusses sources of contract law, types of contracts such as unilateral and bilateral, and elements required for a valid offer such as intent and definite terms. It provides examples to illustrate concepts like implied-in-fact contracts.
This document summarizes key points from a chapter on written contracts in business law. It discusses the statute of frauds and what types of contracts must be in writing, such as real estate contracts and contracts that cannot be completed within one year. It also addresses exceptions to the statute of frauds and how courts reconcile conflicts between oral and written terms or different written elements in a contract. The chapter provides examples and case studies to illustrate these concepts.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_9_contract_law_enforce...throwaw4y
This document provides learning objectives and summaries for a chapter about enforcing contracts. It discusses:
1) Who can enforce a contract, such as the parties to the contract or third party beneficiaries. Only parties to the contract generally have enforcement rights.
2) Defenses to enforcement if a party did not validly consent, such as if they made a mistake, were pressured or manipulated.
3) Remedies for breach of contract, including damages, contract termination, and other options.
4) How contracts can be terminated by agreement or frustrated. Time limits for taking legal action are also outlined.
The chapter will consider if Johnny can enforce Maria's promise in their business partnership agreement based on these
LAWS1100 Nickolas James Business law 4_e_----_(chapter_10_contract_law_workin...throwaw4y
The document discusses the principal-agent relationship and the legal responsibilities that arise. It defines a principal as the person who authorizes an agent to act on their behalf, defining the agent as the person acting for the principal, and a third party as the person with whom the agent interacts. The principal will be legally bound by the agent's authorized actions but not unauthorized actions. It explores the types of agents, including universal, general, and special agents. It also discusses whether Cathy, as Johnny's agent, had the authority to hire a new waiter and if so, whether that created a legally binding contract between Johnny and the waiter.
This document provides an overview of the contract drafting process. It discusses drafting contracts in 3 parts:
1) Drafting the contract, including learning about the transaction, drafting the initial contract, and revising drafts.
2) The typical parts of a contract, including introductory provisions, defined terms, obligations of the parties, closing provisions, general provisions and signature blocks.
3) Examples of introductory contract provisions like the preamble, recitals, and words of agreement. It provides best practices for drafting these introductory sections.
Basic Contract Law: For Small Business Owners and Independent ContractorsRyan K. Hew
This document summarizes a presentation on basic contract law for small business owners and independent contractors. The presentation covers what constitutes a contract, how contracts are formed, important boilerplate provisions, remedies for breach of contract, common questions, and practical tips. It was presented by attorney Ryan K. Hew and addresses capacity, mutual agreement, consideration, and legality as the four elements of a valid contract.
Five new partners at law firms discuss how they achieved partnership ahead of schedule. Robert Biasotti had 20 years of business experience as a CFO before attending law school in his 40s, motivated by a desire to better communicate with clients. His business background provided a foundation that helped him excel, such as providing crucial insights in an insurance case. Biasotti made partner after five years under his firm's new associate acceleration program, the first to do so. He advises associates to apply relevant experience directly to cases and work with talented lawyers and mentors.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_1_business_and_the_law)throwaw4y
Johnny owns a struggling vegan restaurant and lacks business experience and knowledge of the law. His friend Ash, now a lawyer, encourages Johnny to learn more about business law as it relates to issues he's facing like unreliable suppliers and employees. Ash explains that understanding legal rules is essential for business success, as the law governs many areas like contracts, employment, and dispute resolution. Johnny realizes he needs to learn more about this aspect of running a business.
The document provides an overview of contract law in India, including:
- The Indian Contract Act of 1872 governs contracts in India and defines key terms like agreement, promise, and consideration.
- For a contract to be valid it must meet characteristics like being based on a valid agreement between competent parties, having lawful consideration, clear and lawful terms, and free consent.
- Contracts are classified in various ways including by their enforceability, formation, performance, and obligations. Valid contracts that meet all requirements are enforceable, while void, voidable, or illegal contracts may not be.
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.
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 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.
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 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.
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 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.
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 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
From [email protected]Re Academic Misconduct Antoinette Har.docxhanneloremccaffery
From [email protected]
Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018)
From: Johnson, Erik <[email protected]
Sent: Friday, June 29, 2018 1:06 PM
To: antoine [email protected]
Cc: Kimberley Foster; Wambua, Kimberlee
Subject: Academic Misconduct Antoine e Harrell ANRILE9989 BUS670 (5/29/2018)
Dear Antoine e Harrell,
Your Week 3 Assignment submi ed in BUS670 (5/29/2018) has been iden fied as plagiarized. Since you submi ed the Week 3 Assignment before
being no fied of the Week 1 Discussion 1 and 2 academic misconduct, the Week 3 Assignment has been added to the incident you were cited for on
6/19/2018. This will not be treated as a separate incident.
I am a aching your assignment with areas highlighted. It seems you are using large por ons of your resources without properly recognizing the source.
You provide an in-text cita on and a reference for each of the areas I have highlighted. When this is done, it is supposed to indicate paraphrased
informa on. The informa on you provide before the in-text cita on is directly copied from a source. When you use a direct quote, you need to iden fy
all of the words that are not your own by including quota on marks around the material if under 40 words, or by using block style wri ng if over 40
words. Please see the a achment for specific sec ons and comments.
Sincerely,
Erik Johnson/ Academic Integrity Administrator
Ashford University / Academic Integrity Department
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To Johnson, ErikJE
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Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018) https://outlook.live.com/owa/projection.aspx
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Re: Academic Misconduct Antoinette Harrell ANRILE9989 BUS670 (5/29/2018) https://outlook.live.com/owa/projection.aspx
2 of 2 7/1/18, 1:17 PM
Dr. Molly Stehn
Webster University
COUN 5850
Guiding Questions for Article Review
What was the research question? That is, what were the researchers interested in?
What was the hypothesis?
What literature did they review which allowed the researchers to make this
hypothesis?
What were the characteristics of the research participants?
What was(were) the independent variable(s)?
How was(were) it(they) operationalized?
What was(were) the dependent variable(s)?
How was(were) it(they) operationalized?
Briefly summarize the methodology. What happened to the participants? What
order did things happen in? What, besides the IVs and DVs were special about the
method?
Briefly summarize the results. What were the primary findings?
Did the authors discuss any problems (threats to the validity) with their study?
What concerns did you have about this article and how the research was
conducted?
What implications or applications did the authors make about their findings?
Were there multiple ...
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.
The document discusses key elements of contract formation and negotiation strategies. It covers the nature of negotiation, preparation, distributive bargaining, integrative negotiation, and closing deals. Distributive bargaining is a competitive strategy used when goals conflict and trust is low, using tactics like establishing a strong bargaining position. Integrative negotiation is less competitive and allows parties to find mutually beneficial solutions by addressing underlying interests rather than positions.
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 discusses the concepts of void and voidable contracts under Nepalese contract law. A void contract is invalid from the time of signing because it violates the law or public policy, such as involving illegal activities. It does not satisfy the requirements for a valid contract and is unenforceable in courts. In contrast, a voidable contract initially satisfies contract requirements but can be voided by one party, such as if they were coerced into signing. While a void contract creates no legal obligations, a voidable contract is valid until voided by a party, who can seek legal remedies in courts. The document provides examples and analyzes the concepts with reference to Sections 13 and 14 of Nepal's Contract Act 2056.
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.
Online Assignments Australia is pioneer in assignment writing service, Valid contract Assignment Help is based on essential elements of valid contract .
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.
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.
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.
Contract Law for Paralegals 2nd Edition Reed Solutions ManualMccormickPaula
This case raises ethical issues regarding conflicts of interest and confidentiality. As the attorney for both parties in this transaction, Mr. Smith has a conflict of interest that prevents him from adequately representing the interests of both clients. By representing both the buyer and seller, Mr. Smith cannot give each party independent legal advice or advocate solely for their interests, which is required to competently represent a client. Additionally, any confidential information learned from one client cannot be disclosed to the other without consent.
Given the conflict, Mr. Smith should not represent both parties to the transaction. One option would be to withdraw from representing both and allow each to obtain independent counsel. Another is to get fully informed consent from both clients after advising them of the conflict and risks
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.
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.
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
🔥🔥🔥🔥🔥🔥🔥🔥🔥
إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
2- تحتوي على 78 رسم توضيحي لكل كلمة موجودة بالملزمة (لكل كلمة !!!!)
#فهم_ماكو_درخ
3- دقة الكتابة والصور عالية جداً جداً جداً
4- هُنالك بعض المعلومات تم توضيحها بشكل تفصيلي جداً (تُعتبر لدى الطالب أو الطالبة بإنها معلومات مُبهمة ومع ذلك تم توضيح هذهِ المعلومات المُبهمة بشكل تفصيلي جداً
5- الملزمة تشرح نفسها ب نفسها بس تكلك تعال اقراني
6- تحتوي الملزمة في اول سلايد على خارطة تتضمن جميع تفرُعات معلومات الجهاز الهيكلي المذكورة في هذهِ الملزمة
واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
🔥🔥🔥🔥🔥🔥🔥🔥🔥
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
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.
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
BÀI TẬP BỔ TRỢ TIẾNG ANH LỚP 9 CẢ NĂM - GLOBAL SUCCESS - NĂM HỌC 2024-2025 - ...
Ac 5
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
TAM‟s college is going to become one of the most effective academic institutes in the UK and
for this purpose they are assigning agents to look over the legitimate issues. TAM‟s college has
decided to market their features and services and made an agreement with NAMS marketing firm
for one month. However the management of TAM‟s college took proper actions based on the
primary terms of the NAMS. The TAM‟s college has also encountered with the trial against them
due to the accident of one of their employees for not wearing the suitable outfit on duty. The
TAM‟s college has to undergo the legitimate penalties for the reason of the vicarious
responsibility principle in the business.
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 ..............................................................................................................................5
Task 2 ........................................................................................................................................................ 7
2.1 Application of the Elements of Contract .............................................................................................................7
2.2 Application of the Law...............................................................................................................................................8
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 Defences ................................................................................... 13
4.2 Application of Vicarious Liability....................................................................................................................... 15
Conclusion ............................................................................................................................................ 16
References ............................................................................................................................................ 17
3
4. Task 1
1.1 Essential Elements of a Valid Contract
There are some elements that are significant in order to form a formal relation and these elements
are important in the contract. There are eight elements of valid contract. The essential elements
of a valid contract are given below.
1. Offer and Acceptance: In order to form lawful contract a proposal has to be made and it
is the principal step towards an agreement (Hare, J. I. Clark. 2003). Followed by the offer
the concerned party has to agree upon the proposal and thus form an agreement.
2. Free Consent: To form a valid contract the two parties must provide their free consent,
else the contract will be considered as a void contract and it will be avoidable (Hampton,
J. 1976).
3. Lawful Consideration: An agreement lead to a contract when the person accepting the
offer takes choice based on some lawful consideration (Chen L., Law S. and Lee S.
2003).
4. Possibility of Performance: A valid contract should contain the prospect of performance
because if the contract cannot perform the topics then it will not be considered as a
contract (Hare, J. I. Clark. 2003).
5. Formal Relation: Alignment to make an honest confirmation, Official relation has to be
considered. Any act of casual affirmation will not be considered as a formal agreement
(Chen L., Law S. and Lee S. 2003).
6. Certainty: Each and every portion of a contract has to be certain so that each parties are
able to understand the issues concerning the contract (Kennedy, R. D. & McMullen, S. Y.
1968).
7. Enforceable by Law: A legal contract is enforceable by law or else it will be considered
as the event of break of contract (Chen L., Law S. and Lee S. 2003).
8. Writing and Registration: An official contract has to be in a written pattern and
registered by the government consultant to make the contract valid (Kennedy, R. D. &
McMullen, S. Y. 1968).
4
5. 1.2 The Impact of Different types of Contract
There are many types of contracts that are;
Unconscionable Contact: It is a contract where both parties are concern about the
contract but one party gets the higher benefits than the other (Hare, J. I. Clark. 2003).
This type contracts are unenforceable because there is deficiency of free consent from
one of the party.
Contract under Seal: The traditional manner of building a contract legal is the sealing of
the legal certificate that is enforceable (Chen L., Law S. and Lee S. 2003). It is important
to stamp the deed with several seals and the both parties are responsible to admit the
consequences of the agreement after it is sealed.
Implied Contact: Free consent is important of the both parties to form a legal agreement.
But for implied contract it will be considered as a valid contract if one party does not give
free consent (Hare, J. I. Clark. 2003). This type of contracts happens when a person
pretends to own any assets and sell it. For example; if a servant sells his or her owner‟s
stuffs as if s/he is the owner of the assets without the free consent of the owner then it
will be measured as an implied contract.
Express Contract: Express contract is one of the several types of contracts. It may be in
the formation of a printed manuscript or it can even be in the verbal form which is
acknowledged to the senate that focuses on the consent to terms (Chen L., Law S. and
Lee S. 2003).
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 (Hare, J. I. Clark. 2003).If it is an executed contract, then the
performance of the parties shows that there is no contract.
1.3 Analysis of Terms in Contracts
There are many purposes of a contract. It is essential for the parties to realize the distinct kinds of
agreements, periods, and constituents which not only assists the parties to follow with the
statements but also assists to reduce statement costs (Bucher, C.A. 1983).
5
6. The TAM‟s college wants to become one of the best educational institutes of UK. So, they are
making every effort to gain the attention and assigning agencies and lawful consultants to help
them achieving their goals. In the process of becoming the best educational 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
A valid contract is enforceable by law. It is essential for the parties to honor the terms and
conditions of the contract and if one party or the other party fluctuates from the promise of
agreement then the party honoring the agreement can go to court and take lawful actions (Marsh,
P.D.V. 2001).
The basic elements of the contract with NAMS are:
Figure: Basic Elements of Contract
NAMS gave proposals for concentrated marketing for one month to make TAM‟s status higher
and help them to turn into one of the best educational institutes in the UK. In an official valid
contract proposal is the initiation of a contract with another party and forms a business
relationship.
In order to make a valid contract the terms and conditions of the contract has to be accepted by
the parties participating in a contract, otherwise it will be measured as a void contract. TAM‟s
7
8. college has accepted the NAMS marketing proposal for one month and paid the initial fee of
£2500 and come into a legal contract. Both of the parties in the contract entered into the contract
with free consent and a written certification turned the contract in an official relation.
The management of TAM‟s college has the authority and evidence that NAMS has broken the
contract agreement and the preliminary term. NAMS were incapable to provide marketing
support to TAM‟s college so that the TAM‟s college has taken legitimate actions against NAMS.
2.2 Application of the Law
Between contracts of two parties there are several key elements that are essential to be
considered in order to create a valid contract. The parties involved in contract provide assurance
and inspire the terms and conditions of a contract (Marsh, P.D.V. 2001). Belief of the parties
may vary from the agreement which was imaginary to be in use as just a pre-declaration of the
valid contract and subsequently not part of the contract (Wood, D. and Smith, P. 1989). Parties to
an indenture follow only its terms, not by any minor statements that may not be completed.
To form a valid contract certain requirements are needed. Such as;
i.
Collateral Contracts
It is one kind of contract in which the terms and conditions are normally written as the
basis of the contract. Where the statement have been created and intended as to make sure
to induce the main contract (DiMatteo, L. A. 1998). Judges have been organized to find a
security convention someplace to make the contract valid and beneficial for the parties
agreed upon the contract.
ii.
Contract Includes Conditions and Warranties
The more imperative terms are describing "Circumstances", the smaller amount
significant terms are called "Warranties”. These parts are so important that in absence of
any one or supplementary of the parties would not go into the indenture (DiMatteo, L. A.
1998). As a result, to construct a circumstance falsely, or to breach a condition, is viewed
8
9. so dangerously and considered as a mistreated agreement. The indenture itself provides
motivation to the both parties.
Exclusion of responsibility of the terms:
Contract can be made where supplementary organizations are likely to have a term in the
agreement which eliminates one of the party‟s liabilities that may go wrong in the demonstration
of the agreement or limitations on that liability. It is called a “Prohibiting Paragraph” or a
release clause (N. Et Al. Kumar, 2001). Based on the situation, a prohibiting clause
from “responsibility” for spoil complete to the TAM‟s marketing campaign by NAMS might be
included in the agreement between NAMS and TAM‟s college.
2.3 Evaluation of the Effect of Different Terms
There are many terms involved in the contracts and some of them are for documentations. These
are formation of contract and it is essential to be in written and the hallmark is required to
establish it (Okeke, C.N. 1988). There are several types of law and it needs various types of
formalities.
The Patrol
Evidences Rule
• It is a role that includes
oral evidences. Oral
evidence may not be
adduced to adjoin to say
that the opposite to or
shown to be a bogus
written article
(Okeke, C.N. 1988). The
contract always tries to the
law of confirmation and
applies not only to
contracts but also all kinds
of credentials.
Establishing
Implied Terms
• There are some situations
in which contracts need to
establish the implied terms
formally and it is made
from one person to another
person (Okeke, C.N.
1988).
Various Types of
Conditions
• Various types of conditions
may affect the contract and
technical judiciousness of
the word is a good amount
of central grouping of
contractual expression
(Okeke, C.N. 1988). The
preparation for committing
a breach of circumstance at
universal law is refutation
and indemnity.
Figure: Effect of Different Terns
9
10. The Up-To-The-Minute Observation
The violation of a situation allows the above misgiving assemblies to careless expenditure the
indenture as prohibited, extravagance in the indenture and the parties are enable to force the
actions and performance (Collins, Hugh. 1999).
In the given circumstances, TAM‟s college has decided to provide the marketing contract to
NAMS based on their oral evidence of intense marketing for one month only for £6000 and
established an implied contract between TAM‟s college and NAMS.
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11. Task 3
3.1 Contrasting Liability in Tort with Contractual Liability
Tort and contact liability:
The law of tort and of contract is classified as part of the "Law of Obligations", but the law of
tort applies to everyone that it is relevant to, while in the law of contract or in beliefs obligation
is "Voluntarily Assumed" (DiMatteo, L. A. 1998). Contract damages are based on losses that are
expected, while tort damages are compensatory.
3.2 The Nature of Liability in Negligence
1. Breach of Contract: In the contract tort of negligence Breach of Contract is most
important thing. It is the behaviour of the people to act as a careless person or party and
not acting the contract terms and conditions (Okeke, C.N. 1988). This portion indicates
the pre-existence of a standard of appropriate behaviour to avoid imposing undue threats
of harm to people. NAMS has broken the contract when they have stopped the marketing
of TAM‟s for one week.
2. DUTY: The duty is a responsibility of one person to another person; it is created form of
the common needs, philosophy and various sorts of religion (DiMatteo, L. A. 1998). The
glue of social burden is the threaded that binds humans to one another in groups where
preferences are considered unsuitable if they breach a pre-existing desire and restore
casually.
3. Cause in Fact: A small amount of trouble are more charming, with resolution more
indefinable then causation (DiMatteo, L. A. 1998). Based on the surroundings and
performances a person might choose to take steps and avoid doing from sloppy dramatics
in convinced.
3.3 Vicarious Liability in business
It is a policy of English tort law that imposes strict responsibility on managers for the
misconducts of their staffs. Usually, an employer will be held responsible for any tort committed
while an employee is carrying out their duties (John W. 2009). Vicarious responsibility means
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12. that somebody can be detained legitimately responsible for the reckless acts of a different
individual even despite the point that somebody overcomes no error in maintenance of the
unfocussed or indirect acts (DiMatteo, L. A. 1998).
In the given situation the management of TAM‟s college fell in the doctrine of vicarious liability
because the night guard‟s family has taken lawful actions counter to the institution. However the
management and the administrators were informed about the accidents and were also instructed
to dress protective outfit for the non-teaching employees to avoid injuries.
The employee who got hurt did not keep up the organization‟s policy so the management
declined to give any advantage to the victim but The TAM‟s College are certain to pay the
compensation because of the policy of vicarious liability.
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13. Task 4
4.1 Application of the Tort of Negligence and Defences
There are some basics of the tort negligence and defences in various business situations, they are
given below
Tort Negligence Law: It is a procedure of law in which it is initiated and operated in the realm
of intentional tort law and the elementary motive of negligence law, is to control and protect the
workers from injuries connected to their line (Leibee, B. C. 1976). TAM‟s college‟s nonteaching workers were guided to use defensive clothing for their protection and security.
Duty of Care: An individual may owe a responsibility of care to ensure that they do not injured
from any irrational harm or loss (Okeke, C.N. 1988). If such obligation is breached, a legitimate
liability is forced. TAM‟s college workers were cautioned about the damage and losses that the
workers might face.
Sources of Negligence: Negligence can be defined as failure to take accurate caution of
protection. It is the accidental breach of a legitimate duty causing damage reasonably foreseeable
without which the breach would have not occurred (John W. 2009).
Potential sources of negligence are:
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).
Use of faulty equipment: Another potential source of negligence is the use of faulty
equipment which can cause harm (N. Et Al. Kumar, 2001).
Inadequate protection: Inadequate protection denotes to careless actions on portion of
the individual who is unwilling to wear protective gears (John W. 2009).
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14. Potential sources of negligence
Poor selection of activities
Use of faulty equipment
Inadequate protection
Figure: Sources of Negligence
Defence against Negligence:
Assumption of risk
Sudden emergency
Figure: Sources of Negligence
Defence against Negligence:
Assumption of risk: It is assumed that a person takes portion of the risks when engaging
in activity (John W. 2009).
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).
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15. 4.2 Application of Vicarious Liability
The TAM‟s college has enforced the wearing for school‟s non-teaching staffs for example
guards and labors in order to avoid upcoming accidents. However the senior superintendents
have ignored the caution and he has sent off a night guard on duty without the suitable clothing.
It is against the company policy.
Supervisors has the in-built authority to control over the employees and the supervisors were
asked to maintain the right clothing and proper protecting gears of the non-teaching staffs
(Okeke, C.N. 1988). But in this situation the supervisors did not follow the directions and lead
one of their employees to duty deprived of proper clothing.
However, indirect responsibility means that somebody can be detained lawfully responsible for
the reckless acts of a different individual. In this situation the supervisors were careless to the
guidelines and that lead one of the staffs to get hurt. But the authority of the TAM‟s college will
be found blameable because of vicarious liability doctrine.
The authority denied the compensation to the staff because he was not following the guidelines
of the TAM‟s college. But under the vicarious liability policy no matter how faulty the
employees are the TAM‟s authority will be legally responsible for the staff‟s wrong doing.
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16. Conclusion
In the scenario 1, 2 and 3 we can see that TAM‟s college has appointed legal advisors in order to
deal with the lawful issues that are probable threat for them. They also have an ambition of being
the best educational institute in the UK and for this reason they were hiring agencies to promote
their college and trying to capture the attention of the students who wants superiority education
with the uppermost facility. On the last scenario, TAM‟s college was accountable to pay a
compensation for an occurrence with one of their staff that they have denied because of the staffs
careless act against the policies of the college. As a consequence TAM‟s had to face lawsuits and
fell in to an English doctrine called “Vicarious Liability”, which indicates that TAM‟s were
bound to pay the compensation to the staff because of the vicarious liability.
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