Aspect of Contract and negligence for Business
Criminal Justice Topic
August 7, 2017Planning and Implementation
August 7, 2017There are two Assignment Briefs with Scenarios inside. Task 1a 1b and Task2 -1000 words and Task 3 another 1000. Please mention there are a scenarios inside request knowledge about British low system
Attachment
ievement Summary
Qialif10ation
Pearson BTEC Level 5 HND
Diploma in Business AssOssOr inme
Unit Nu? blr and titl?
Unit 5: Aspects of Contract and
Negligence for Business Student name
Criteria
Reference
To achieve the criteria the evidence must show that the student is
able to:
AChievod?
(tiC?
L01
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
L02
2.1 apply the elements of contract in given business scenarios
2.2 apply thc law on terlns in different contracts
2.3 evaluate the effect of different terms in given contracts
L03
3.1 contrast liabilitv in tort with contractual liability
3.2 explain the nature of liability in negligence
3.3 explain how a business can be vicariously liable
L04
4.1 apply the elements of the tort of negligence 4nd defences in different
business situations
4.2 apply the elements of vicarious liability in given business situations
?
Grade descriptor Achi?ved?
ftielk)
Grade descriptor Achieved?
ftick)
M1: Identify and apply strategies to find
appropriate solutions
Dl: Use critical reflection to
evaluate own work and justify
valid conclusions
M2: Select/design and apply appropriate
methods/techniques
D2: Take responsibility for
managing and organising
activities
M3: Present and communicate
appropriate findings
D3: Demonstrate
convergen t llater al /creative
thinking
9 1 Patte
Attachment
Regent College
Higher Education 1???II
Assignment front sheet
QlalifleatiO? Unit number and titl?
Pearson BTEC Level 5 HND Diploma
Business Unit 5: Aspects of Contract and Negligence for Business
Student name Assessor name
Perry Ellis
Date iSsuOd Completion date Subnlitted on
24th Febrllary 2014 20th June 2014
Assignment titte I Aspects of Contract and Negligence for Business
Learning
Outcome L9ar? 1? g
nlll? n? o
Assessment
Criteria
In this assessment you will have the
opportunity to present evidence that
shnwc r/rlrr qrp ohlp. tn.
Task
no. EvidOnCe
rP,??hn?
L01
Understand
the essential
elements of a
valid contract
ina
business
context
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
L02
Be able to
apply the
elements of a
contract
in business
situations
2.1 apply the elements of contract in given
business scenarios
2.2 apply the law on terms in different contracts
2.3 evaluate the effect of different terms in
given contracts
L03
Understand
principles
of liability in
negligence
in business
activities
3.1 contrast liability in tolt with contractual
liability
3.2 explain the nature ofliability in negligence
3.3 explain how a business can be vicariously
liable
L04
Be able to
apply
principles of
liability in
negligence 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 lPage
Attachment
master key to the hotel room.
Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has
developed as a result of long periods of washing up. Although rubber gloves are available, most employees
do not use them. Colin, the head chee is getting fed up with Roger and in his anger, knocks Roger
unconscious with a frYing Pan.
Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on the pool
door reads: .pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous
when unattended’. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In
fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks
Task 4z LO4 (LO 4.1, LO4.2 4.2),M3,D3
Evaluate the accuracy of each of the seven statements ( A-G, below) individually, as they apply to the facts
in the above scenario. Apply the elements of the tort of negligence and defences and apply the elements of
vicarious liability in these situations.
Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a safe
working environment.
Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.
Statement C: The poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957 –
Statement D: The poshplace Hotel is not liabte to Mark under the Occupiers’ Liability Act 1984 because of
its warning notice.
Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.
Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his designer
swimming trunks.
Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his
jewellery.
To achieve M3, the leamer is able to organise their views in a logical and coherent marurer that is appropriate
for familiar ani unfamiliar audience and be able to convey the prevailing legal judgements in a clear and
relevant format. To achieve D3, the learner will be able to use analytical and creative thinking with a broader
understanding of the business environment while identifying its relevance to law.
7 | f a7*
Attachment
Summary of evidence required by student
understanding ofthe different contract law
and the rights and responsibilities for both businesses and customers who are
linked to ihem. The report should present evidence of the learner’s knowledge
of the solutions in case of a breach of contract. The report for Task La,lb &2
must comprise a word count of 1000 with +/- 10Vo matgin. You may use
examples of real legal cases, tables and chart where applicable, to support your
Task la,lb
and Task 2
@delementsoftortsofnegligence,defencesandelements
vicarious liability, using your knowledge and research in this area of law- You
should be able to apply this knowledge to the situations mentioned in the task.
Your evaluation for Task 3 must comprise a word count of 1000 with+l- l0%o
margin. You may use examples of real legal cases, tables and char where
applicable, to support your evaluation.
Task 3
8llz:ge
Evidence
checklist
Evidencc
presented
Attachment
Assignment Brief A
Uhit iumbOr and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start dat? 24th February 2014
Deadline/hand-in 20th June 2014
Assessor Perry Ellis
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
All business environments are bound by the legal requirements surrounding contracts. The present
assignment is designed to produce a detailed report showing understanding of the different elements of
contract law and the rights and responsibilities for both businesses and customers who are linked to them.
Learners will also acquire knowledge of the solutions, in the case of a breach of contract.
Scenario: You are working as a legal assistant for one ofthe senior partners in a local f1111l of solicitors,
Thcy have asked you to consider the following case studies and to prepare a report for each onc. Your
reports will require you to consider each set ofcircumstances and to cxpress your rcco? endations,based
on yollr knowledge ofUK law.
Case study l
Jess advertised a second hand van for sale on a cartrade website for£ 2650.00.Mr.Powell views the
advertisement and call Jess to express his wish to buy the van.But due to the fact that hc lives 6001niles
away he oftred to come and buy thc van attcr 3 1ays.Jess says that she would sell the van ifany other
custolner wlshes to buy the vehicle before Mr.Powell arrived.Forthis Mr.Powell agreed to pay£ 450
pounds in advance ifJess prolnises shc would not sell forthe next 3 days.Jess agrees to this.
Case study 2
Barry goes into a park which is lnanagcd by his local council.He sees a notice which states that chairs are
for hire for 50p per hour.Barry pays the 50p and is given a ticket and a chair.Later,the chair collapses
under hinl,dalnaging his clothcs.W??hen Barry complainS,the attendant points to a clause on the ticket
which states,`No liability is accepted for any damage or ttury Caused by the failllre ofany hired
equipment.’?
41Page
Attachment
Assignment Brief A
Uhit iumbOr and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start dat? 24th February 2014
Deadline/hand-in 20th June 2014
Assessor Perry Ellis
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
All business environments are bound by the legal requirements surrounding contracts. The present
assignment is designed to produce a detailed report showing understanding of the different elements of
contract law and the rights and responsibilities for both businesses and customers who are linked to them.
Learners will also acquire knowledge of the solutions, in the case of a breach of contract.
Scenario: You are working as a legal assistant for one ofthe senior partners in a local f1111l of solicitors,
Thcy have asked you to consider the following case studies and to prepare a report for each onc. Your
reports will require you to consider each set ofcircumstances and to cxpress your rcco? endations,based
on yollr knowledge ofUK law.
Case study l
Jess advertised a second hand van for sale on a cartrade website for£ 2650.00.Mr.Powell views the
advertisement and call Jess to express his wish to buy the van.But due to the fact that hc lives 6001niles
away he oftred to come and buy thc van attcr 3 1ays.Jess says that she would sell the van ifany other
custolner wlshes to buy the vehicle before Mr.Powell arrived.Forthis Mr.Powell agreed to pay£ 450
pounds in advance ifJess prolnises shc would not sell forthe next 3 days.Jess agrees to this.
Case study 2
Barry goes into a park which is lnanagcd by his local council.He sees a notice which states that chairs are
for hire for 50p per hour.Barry pays the 50p and is given a ticket and a chair.Later,the chair collapses
under hinl,dalnaging his clothcs.W??hen Barry complainS,the attendant points to a clause on the ticket
which states,`No liability is accepted for any damage or ttury Caused by the failllre ofany hired
equipment.’?
41Page
Attachment
k L: LOI (LO1.1, LOL.Z, LO1.3), Ml
Considering the Case study 1 mentioned above, define the legal meaning of the term ‘contract’ and explai
the important elements of a valid contract. Identify and discuss the terms of offer and whether there has
acceptance of the offer. Identiff the intention to create legal relations and the consideration of moving
the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference
their meaning and effect, and explain the factors that would impair the formation of a contract.
To achieve Ml, the learner will be able to carry out wide research using different reliable sources to identi
and apply strategies to explain, analyse and make effective judgements about elements of contract.
Task 2: LOZ (LO z.l,LO 2.2, LO2.3), Dl
Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration,
apply the elements of contract in given business scenarios. Apply the law on terms in different contracts and
evaluate the effect of different terms in given contracts.
To achieve Dl, the learner needs to critically evaluate key points and draw conclusions while making a
synthesis of ideas and justiffing them effectively. The learner is also required to propose realistic
improvements of the positive features of the terms and suggest improvements before discussing how well the
terms meet the needs of the both parties.
Assignment Brief B
Ullit ntmber and titl? Unit 5: Aspects of Contract and Negligence for Business
Q?alittcatiOn Pearson BTEC Leve1 5 HND Diplomain Business
start dato 24th Febmary 2014
Deadline/hand?in 20til June 2014
ASSesSor
Assignment title Aspects of Contract and Negligence for Business
Purpose of this assignment
The purpose of this assignment is to present a report with reference to the case study given and compare and
contrast liabilities. Give detailed explanation of the nature of liability in negligence and its effect on
businesses.
Scenario: This scenario continues, as before, in Assignment Brief B. You are working as a legal assistant
for one of the senior partners in a local firm of solicitors. They have asked you to consider the following
case studies and to prepare a report for each one. Your reports will require you to consider each set of
circumstances and to express your recommendations, based on your knowledge of UK law.
5lI:;3=
,
Attachment
Case study 3
3. Adam advertises a reward of f,l,000 for the first person to paddle across the English Channel in a bath,
from Dover to Calais. Brian sees the advertisementin the news paper, purchases a bath, and sets out from
Dover. On the same day, whilst Brian is in mid-channel, Adam places anothgl advertisement in the same
news paper announcinj that the reward is being withdrawn with immediate effect. Unaware of this, Brian
continues his voyage uira arrty arrives in Calais. Brian then claims the reward. Adam refuses to pay.
Task 3: LO3 (LO 3.1, LO3.2, LO3.3), M2,D2
Is Brian entitled to claim the reward? Taking this scenario into consideration, contrast liability in tort with
contractual liability. Explain the nature of liability in negligence and explain how a business can be
vicariously liable.
To achieve M2, the leamer will be using the given business scenarios to apply the law on terms in different
contracts while evaluating with evidence of t’wo or more sources of information for each legal point in the
assignment. To achiev “bz,the learner will demonstrate the qualities of managing and organising
responsibility in order to carry out activities.
Assignment brief C
?hit?nt?btr??d? tit16 Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 24th February 2014
Deadline/hand-in 20th June 2014
Assessor
Aspects of Contract and Negligence for Business Assignment title
Purpose of this assignment
The purpose of this a”ssignment is to present a detailed evaluation of torts, their nature, elements of tort of
negligence and defences.
Scenario: This scenario continues, as before, in Assignment Brief B. You are working as a legal assistant
for one of the senior partners in a local firm of solicitors. They have asked you to consider the following
case studies and to pi”pur” a report for each one. Your reports will require you to consider each set of
circumstances and to express your fecommendations, based on your knowledge of UK law.
Case study 4
One night, Mark decides to check in at the.Poshplace Hotel, which is owned by Ben. Later that night, Mark
is in his room when a masked man enters and threatens to harm him unless he hands over his valuable
antique jewellery. Mark hands it over. The thief later tums out to be Neil, the hotel gardener, who had stolen
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