Aspects of Contract and Negligence for Business.
Aspects of Contract and Negligence for Business You should write this assignment report style, although a formal report structure will not be required. 2. You should use case law and statutes (Acts of Parliament/Regulations) to support your answers. 3. You should include a reference list and a bibliography using the Harvard referencing system. 4. It is advised that you write your assignment within approximately 3500 words BELOW Task 1 “ Be able to apply the elements of a contract in business situations. Ralph, a dealer in vitamins, advertises in a local newspaper that anyone who buys and takes his vitamins twice a day for three months and then once a day after the three month period will not contract the flu while taking the vitamins. Anybody who catches the flu after following the instructions exactly is entitled to a full refund. James reads the advertisement, purchases the vitamins and takes the vitamins as described in the newspaper advertisement. Unfortunately he catches the flu. He has this confirmed by a blood test. James wants a refund as advertised in the newspaper. Armando employs Olaf as his personal assistant. Olaf’s contract specifically states that Olaf is to perform any administrative task that Armando requires of him. Armando offers to pay Olaf £500 extra for typing a letter for him. Harriet falls over in the street and breaks her hip. Harriet is admitted to hospital. Her treatment is paid for by the State. She offers to pay her doctor £3,000 for his medical treatment of her. 1a. Explain all requirements for the formation of a valid contract. Apply the rules of offer and acceptance to Ralph and James. Use case law to illustrate your answer. 1b. Identify and describe types of contracts which to be valid require extra formalities in addition to the essential requirements of a contract. 1c. Explain how the law approaches issues of consideration, capacity and intention to create legal relations in a contract. Use the examples from the scenarios above and case law to illustrate your answer. ”””””- Task 2 “ Be able to apply the elements of a contract in business situations Olly books a weekend break at The County Hotel. He pays for the accommodation in advance. He checks in at the front desk. When he arrives in his room he sees a notice which says: œThe Country Hotel is not liable for loss of property or death or personal injury however so caused. Olly leaves his room and locks the door. When he returns he finds that his wallet has been stolen. The Hotel states that it is not liable for the loss. 2a. This is an example of an exclusion clause. Outline the key problems associated with exclusion clauses and explain how an exclusion clause becomes incorporated into a contract. You should use case law and statute to illustrate your answer. 2b. How do the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable? 2c. Will The Country Hotel be able to rely on this clause?