Aspect of Contract and Negligence for Business.doc b

May 28, 2016 | Author: তারিক মোর্শেদ | Category: Types, Business/Law
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Law of Negligence...




Programme: Unit Number and Title: Unit code: QCF Level: Credit value:

BTEC Higher National Diploma (HND) in Business Aspect of Contract and Negligence for Business (Unit 5) Y/601/0563 4 15 credits


Use the case studies from below and provide solution to the following outlined assignment requirements. Please perform secondary research to answer the questions. Assignment Structure: Your coursework should include: • A title page, • Tables of content • Main body o Requirement 1 o Requirement 2 o Requirement 3 o Requirement 4 •

Reference list (please use Harvard Referencing System)

Credit will be provided for those who will adopt an appropriate format and structure, provide citation in the body of the report using Harvard Referencing System, produce reference list that matches with the citations within the body (Distinction descriptor 2)

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Specification of Assessment 1- Assignment

SCENARIO At 8:00am on Tuesday 12 September, John McGurk, a car dealer, sends a telex to Collin McCellend offering to sell him a rare vintage car for £60000. Collin receives the telex at 8:15am and telexes his acceptance at 1:00pm. Collin is aware that John’s office is closed for lunch break between 1:00 and 2:00pm. On his return to the office, John does not bother to check whether he has received a telex from Collin and at 2:30pm receives an offer for the car from Ford, which he accepts. At 4:00pm Collin hears from Steve- another car dealer that John has sold the car to Ford. He advised that it will cost him an additional £2000 to buy a similar car and he immediately sends John another telex demanding that the original car be sold to him. John receives this telex at 5:00pm, at the same time as he reads the acceptance telex.

Requirement 1,2,3,4 e hobe main head ar kisu na



REQUIREMENTS The above case gives you a brief overview of a specific business situation. As requirements of this module students are advised to answer the following requirements accordingly. You are expected to answer each question. You are also expected to use relevant examples to illustrate the key concepts and wherever suitable, quote examples and illustrations from the above case study.

Requirement 1: 1.1 Explain the importance of the essential elements required for the formation of a valid contract (P1.1). 1.2 Discuss the impact of different types of contract (P1.2) 1.3 Analyse terms in contracts with reference to their meaning and effect (P1.3). Requirement 2: 2.1 Apply the elements of contract in given business scenarios (P2.1) 2.2 Apply the law on terms in different contracts (P2.2). 2.3 Evaluate the effect of different terms in given contracts (P2.3). Requirement 3: 3.1 Contrast liability in tort with contractual liability (P3.1) 3.2 Explain the nature of liability in negligence (P3.2) 3.3 Explain how a business can be vicariously liable (P3.3). Requirement 4: 4.1 Apply the elements of the tort of negligence and defences in different business situations (P 4.1) 4.2 Apply the elements of vicarious liability in given business situations. (P4.2)

You must produce a business report incorporating all the above requirements. Your report must contain the followings: • Cover page including student name, unit name and title, and so on • Introduction • Separate answer for each criterion/question with suitable font size and headings and subheadings • Findings and analysis where necessary • Conclusions and recommendations • Harvard referencing style system •

Good presentation of the report following the above criteria [Distinction - D2]

Points will be awarded to those who demonstrate convergent/lateral/creative thinking to give answer. (D3)



Reading list Beale and Dugdale, “Contracts between businessmen” (1975) 2 British Journal of Law and Society 45. Evans, “The Anglo-American mailing rule: some problems to offer and acceptance in contracts by correspondence” (1966) 15 international and Comparative Law Quarterly 553. Gardner, “Trashing with Trollope: a deconstruction of the postal rules in contract” (1992) 12 Oxford Journal of Legal Studies 170. Graw, “Puff, Pepsi and “That Plane” – the John Leonard Saga” (2000) 15 Journal of Contract Law 281 Rawlings, “The battle of the forms” (1979) 42 Modern Law Review 715 The Consumer Protection (Distance Selling) Regulations 2000 ar available on the website of the Office of Public Sector information at: The Office of Fair Trading provides a helpful guide to the distance-selling regulation on its website at:

HARVARD REFERENCING SYSTEM We expect students to use the alphabetical or name-date method known as the HARVARD system. There are two parts in this system: 1. Citation within text or body of the report: In this the author's surname and year of publication are cited in the text, e.g. (Bond, 2004). 2. Reference List: A reference list (of these citations) is included at the end of the assignment, in alphabetical order by author. The reference list also includes additional details such as the title and publisher. A bibliography lists relevant items that you have used in the preparation of the assignment but not cited in your text. A bibliography should also be in the Harvard style and the inclusion of such a list shows that you have read widely beyond the items you have cited. Examples of citation within text or body of the report: 1. Cormack (1994, p.32-33) states that................

2. ............ This view has been supported in the work of Cormack (1994, p.32-33). 3. Jones (1946) and Smith (1948) have both shown…… 4. Corporate Author:

1st citation: Royal College of Nursing (RCN), 2007

2nd citation: RCN, 2007 Examples of listings in reference list: 1. Books with one author: Redman, P., 2006. Good essay writing: a social sciences guide. 3rd ed.




London: Open University in assoc. with Sage. Books with two, three or four authors The required elements for a reference are: Authors, Initials., Year. Title of book. Edition. Place: Publisher Kirk, J. & Munday, R.J., 1988. Narrative analysis. 3rd ed. Bloomington: Indiana University Press.

3. Books with more than four authors For books where there are more than four authors,use the first author only with surname and initials followed by “et al”. The required elements for a reference are: Author, Initials., Year. Title of book. Edition. (only include this if not the first edition) Place: Publisher • Grace, B. et al., 1988. A history of the world. Princeton, NJ: Princeton University Press. 4. E-books For e-books the required elements for a reference are : Author, Year, title of book. [type of medium] Place of publication: Publisher • Fishman, R., 2005. The rise and fall of suburbia. [e-book]. Chester: Castle Press. If available at website: • Fishman, R., 2005. The rise and fall of suburbia. [e-book]. Chester: Castle Press. Available at: / E-books [accessed 5 June 2005] 5 Journal articles Author, Initials., Year. Title of article. Full Title of Journal, Volume number (Issue/Part number), Page numbers. Perry, C., 2001. What health care assistants know about clean hands. Nursing Times, 97(22), p.63-64. 6 Newspaper articles Author, Initials., Year. Title of article. Full Title of Newspaper Day and month before page numbers of article. Slapper, G., 2005. Corporate manslaughter: new issues for lawyers. The Times, 3 Sep. p.4-5. 7

Journal articles from an electronic source Boughton, J.M., 2002. The Bretton Woods proposal: an indepth look. Political Science Quarterly, [online]. 42 (6), Available at: http://www.pol.upenn/articles (Blackwell Science Synergy) [accessed 12 June 2005]



8 Internet National electronic Library for Health. 2003. Can walking make you slimmer and healthier? (Hitting the headlines article) [Online]. (Updated 16 Jan 2005) Available at: [accessed 10 April 2005] The title of a web page is normally the main heading on the page. 9 E-version of annual reports Marks & Spencer, 2004. Annual report 2003-2004. [Online]. Available at: [accessed 4 June 2005]


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