Law of Contract Assignment Help
Aim
The aim of this unit is to provide learners with an understanding of aspects of
the law of contract and tort and the skill to apply them, particularly in business
situations.
Unit abstract
The unit introduces the law of contract, with a particular emphasis on the
formation and operation of business contracts. Learners are encouraged to
explore the content of these agreements and then develop skills relating to the
practical application of business contracts, including offer, acceptance,
intention, consideration and capacity. Relevant case law examples will be
covered. Learners will consider when liability in contract arises, the nature of
the obligations on both sides of the contract, and the availability of remedies
when a contract is not fulfilled in accordance with its terms.
Additionally, the unit will enable learners to understand how the law of tort
differs from the law of contract and examine issues of liability in negligence
relating to business and how to avoid it.
| Learning outcomes
On successful completion of this unit a learner will:
|
| 1 Understand the essential elements of a valid contract in a business context
2 Be able to apply the elements of a contract in business situations
3 Understand principles of liability in negligence in business activities
4 Be able to apply the principles of liability in negligence in business situations.
|
1.2 Indicative Unit content
| 1 Understand the essential elements of a valid contract in a business
. Context
Essential elements: offer and acceptance; intention to create legal relations;
consideration; capacity; privity of contract (note vitiating factors are
included in Unit 27: Further Aspects of Contract and Tort)
Types of contract: face to face; written; distance selling; impact
Types of terms: condition; warranty; innominate term; express; implied;
. exclusion clauses and their validity
. 2 Be able to apply the elements of a contract in business situations
Elements: application of relevant principles and case law to business scenarios
Specific terms: contents of standard form business contracts; analysis of
express terms, implied terms and exclusion clauses in a given contract
Effect of terms: breach of condition, warranty and innominate terms; legality of
. exemption clauses; outline of remedies; damages
. 3 Understand principles of liability in negligence in business activities
Negligence: differences to contract; duty of care; breach of duty; damage –
causation and remoteness of damage; personal injuries; damage to property;
economic loss; occupier liability
. Liability: employer’s liability; vicarious liability; health and safety issues
4 Be able to apply principles of liability in negligence in business
. situations
Negligence: application of the legal principles of negligence and relevant
statutory and case law to business scenarios including: personal injuries,
damage to property, economic loss, occupier liability; defences; contributory
negligence; remedies
|
1.3 Learning outcomes and assessment criteria
| Learning outcomes
On successful completion of this unit a learner will:
| Assessment criteria for pass
The learner can:
|
| LO1 Understand the
essential elements of avalid contract in a
business context
| 1.1 explain the importance of the essential
elements required for the formation of a valid
contract
1.2 discuss the impact of different types of
Contract
1.3 analyse terms in contracts with reference to
. their meaning and effect
|
| LO2 Be able to apply the elements of a contract in business situations | 2.1 apply the elements of contract in given
2.2 apply the law on terms in different contracts
2.3 evaluate the effect of different terms in given
. contracts
|
| LO3 Understand principles of liability in negligence in business activities | 3.1 contrast liability in tort with contractual liability
3.2 explain the nature of liability in negligence
3.3 explain how a business can be vicariously
liable
|
| LO4 Be able to apply
principles of liability innegligence in business
situations
| 4.1 apply the elements of the tort of negligence
and defences in different business situations
4.2 apply the elements of vicarious liability in
given business situations.
|
1.4 Guidance
| Links
This unit links with all the law units in the BTEC Higher Nationals in Business
Essential resources
Learners will require access to law reports and contractual documents, such as
existing business standard form contracts.
Employer engagement and vocational contexts
Centres should develop links with local businesses. Many businesses and
chambers of commerce want to promote local business and are often willing to
provide visit opportunities, guest speakers or information about their business
and the local business context.Order Now
|
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