UNIT 5 ASPECTS OF TGE CONTRACTS

UNIT 5 ASPECTS OF TGE CONTRACTS

ASSIGNMENT FRONT SHEET
Unit 5: Aspects of Contract and Negligence for Business
Learning Hours: 60 Hours. Self-learning hours: 90 hours. Course: HND Business – Level 4 CREDIT VALUE: 15 CREDITS Term: 2
Module Leader: Mr Loganathan Ramasamy Email:[email protected] Lecturer:
Internal Verifier: Mrs S Kotta
ASSIGNMENT TITLE:

Learners Name Term: 2 Cohort: APRIL 2016 Intake: APRIL 2016
Registration Number Campus:
Hand out Date: Week Commencing 10/10 /2016 Submission Date: 23/12/2016
Final Submission where turnitin will be blocked: 10/03/2017
Learning
Outcome
Assessment Criteria In this assessment you will have the opportunity to present evidence that shows you are able to: Task Number
Evidence Page number
LO 1: Understand the essential elements of a valid contract in a business context 1.1 Explain the importance of the essential elements required for the formation of a valid contract AC1.1
1.2 Discuss the impact of different types of contract AC1.2
1.3 Analyse terms in contracts with reference to their meaning and effect AC1.3
LO2 : Be able to apply the elements of a contract in business situations
2.1 Apply the elements of contract in given business scenarios AC2.1
2.2 Apply the law on terms in different contracts AC2.2
2.3 Evaluate the effect of different terms in given contracts AC2.3
LO3: Understand principles of liability in negligence in business activities 3.1 Contrast liability in tort with contractual liability AC3.1
3.2 Explain the nature of liability in Negligence AC3.2
3.3 Explain how a business can be vicariously liable AC3.3
LO 4: 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 AC4.1
4.2 Apply the elements of vicarious liability in given business situations. AC4.2
Please see that you include the Turnitin report. This work will not be accepted without the
Turn it in report. Report attached: Yes
No If no Reason: % of the turn it in report.

Due Dates
Issue Date 10/10/2016 Submission date: 23/12/2016
Formative feedback for LO1 Week commencing Deadline where turnitin will be blocked towards assignment submission 10/03/2017
Formative feedback for LO1 Week commencing
Formative feedback for LO1 Week commencing
Formative feedback for LO1 Week commencing

Assignment Guidelines:
? Use a standard report structure, Word-process the report and use Normal script of a proper font size 12.
? Produce an academic report, detailing the above issues with an approx. word limit of 3500 to 4000 words.
? Complete the title page and sign the statement of authenticity.
? The Assignment front sheet should be attached in the front.
? It should be uploaded on turnitin before the deadline.
? Assignments submitted after the deadline will not be accepted unless mitigating and may be entitled for a late fee.
? Collusion and Plagiarism must be avoided.
? Start each answer on a new page and pages should be numbered. Highlight each question clearly.
? Include a Bibliography at the end of the assignment and use the Harvard referencing system.
? All work should be comprehensively referenced and all sources must be fully acknowledged, such as books and journals, websites (include the date of visit), etc.
? Try to give the page numbers, publishers’ details and the year of publication
? In order to pass you need to address all the LO
? In order to get a merit you need to address the characteristics of pass and address M1, M2,M3
Use a common format for the questions, for example:
? Introduction (analyse the question.)
? Underpinning Knowledge (write about the relevant theory/points)
? Applied knowledge(Data Analysis)
? Conclusions and Recommendations (summarizing the whole scenario keeping in view pass, merit, distinction criteria.)
Guidance in addition to the Pass criteria’s, this assignment gives you the opportunity to submit evidence in order to achieve the following Merit and Distinction grades. Assessment Grid indicating their pass, merit and distinction:
Unit 5: Aspects of Contract
Outcomes/criteria: Indicative characteristics Contextualised Feedback
LO 1: Understand the essential elements of a valid contract in a business context
LO2 : Be able to apply the elements of a contract in business situations
LO3: Understand principles of liability in negligence in business activities
LO 4: Be able to apply principles of liability in negligence in business situations As per the assessment criteria specified for pass

Do

Do

Do LO1

LO2

LO3

LO4

Merit Grade Description: Contextualisation
M. Identify and apply strategies to find appropriate solutions. Effective judgments have been made.
An effective approach to study and research has been used. To achieve M1, the learner will be able to identify and apply legal principles to explain, analyse and make effective judgements about elements of contract, discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect. (AC 1.2 and 3.2)
M2. Select/ design and apply appropriate methods/ techniques. A range of methods and techniques have been applied.
To achieve M2, the learner will be able to apply valid conclusion to legal principles supported by relevant cases using the given business scenarios to apply the law on terms elements of contract, discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect. (AC1.3 and 2.2)
Complex information/data have been synthesized and processed.
M3. Present and communicate appropriate findings. Appropriate structure has been used.
Technical language accurately used.
A range of methods of presentation has been used. To achieve M3, the learner will have ensure that the legal cases are analysed, criticised and judgements in cases correctly applied to given legal and business scenarios and contrast liability in tort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable. Also apply the elements of the tort of negligence and defences in different business situations apply the elements of vicarious liability in given business situations. (AC 3.3)
Distinction Grade Description:
D1. Use critical reflection to evaluate own work and justify valid conclusion. Synthesis has been used to generate and justify valid conclusions
Evaluation has taken place using defined criteria Realistic improvements have been proposed against defined characteristics
To achieve D1, the learner needs to critically evaluate own work and justify valid conclusions respect of legal principles and business scenario and apply the elements of contract in given business scenarios and evaluate the effect of different terms in given contracts. (AC 2.1 and 2.3)
D2. Take responsibility for managing and organizing activities. The importance of interdependence has been recognized. To achieve D2, the learner is required to propose realistic conclusion based on cases and terms and suggest valid discussion of legal and wider business issues affecting the given scenario and contrast liability in tort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable. Also apply the elements of the tort of negligence and defences in different business situations apply the elements of vicarious liability in given business situations. (AC 4.1)
D3. Demonstrate convergent, lateral and creative thinking Ideas generate and decisions taken. Lateral thinking have been applied. Capacity for innovation and creative thought has been used.
Receptiveness to new ideas has demonstrated. To achieve D3, the learner is required to demonstrate convergent /lateral /creative thinking and propose suggestion on how well the terms and cases meet the needs of the both parties to the case in the given business scenario and contrast liability in tort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable. Also apply the elements of the tort of negligence and defences in different business situations apply the elements of vicarious liability in given business situations. (AC 4.2)

ASSIGNMENT Brief
Unit Number and title Aspects of Contract and Negligence for Business
Qualification BTEC HND Business (Level 4)
Start Date 19/09/2016
Deadline/ Hand-in 23/12/2016= 10/03/2017
Assessor

You are a legal adviser and visited by clients who require advice on different aspects of Law. They have presented you with a summary of the case. With reference to different aspects of Law prepare a report as stated below. Your report should comply with the word count of 3500 to 4000 with +/- 10% margin. Word count excludes the index, headings, information contained in tables, references and bibliography. For academic purpose you must use theories and include a bibliography. Use Harvard Referencing for the assignment at: https://education.exeter.ac.uk/dll/studyskills/harvard_referencing.htm

You are thus required to follow the instructions as specified towards each LO and support with a research by using supportive materials like books, websites, etc., and give a feedback on the findings by relating your arguments to the relevant case studies as specified towards each task:
LO 1 Understand the essential elements of a valid contract in a business context
1. Explain the importance of the essential elements required for the formation of a valid contract with cases clearly cited to support the elements. (AC1.1)

2. Discuss the impact of different types of contract? (AC 1.2-M1)

3. Analyse terms in contracts with reference to their meaning and effect. (AC 1.3- M2)
LO 2 Be able to apply the elements of a contract in business situations
4. Ivan goes into Todor’s bookshop and sees a HND Law book which was on display for sale. He wants to buy the book on display for £50.00. Ivan takes the book to the counter to pay for it, but Todor tells him that the copy of the book is his only copy and that he has already sold it to Carl yesterday, but forgot to remove it from the display shelf. Ivan insists that he wants to buy the book and is upset. Apply the elements of contract in given business scenario (AC 2.1-D1)

5. Apply the law on terms in different contracts by explaining, What are the consequences of classifying terms as;
(a) A Condition
(b) A Warranty; and
(c) An Innominate term (AC2.2-M2)

6. John goes into a park which is managed by his local council. He sees a notice which states that “chairs for hire for 50p per hour”. John pays the 50p and is given a ticket by the parking attendant and gets a chair. Later, the chair collapses under him, injuring him badly and damaging his clothes. When John complains and wants to claim compensation from the Council, the attendant points to an exemption clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.” Taking this scenario into consideration, Evaluate the effect of different terms of law on terms and exemption clause in contracts. (AC 2.3-D1)

LO3 Understand principles of liability in negligence in business activities

7. Contrast liability in tort with contractual liability. Support your answer with reference to cases and clear explanation of legal principles. (AC 3.1)

8. Explain the nature of liability in Negligence. (AC 3.2-M1)

9. Explain how a business can be vicariously liable. (AC 3.3-M3)

LO 4 Be able to apply principles of liability in negligence in business situations

10. David is driving 35 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. Apply the elements of the tort of negligence and defences in different business situations. (AC4.1-D2)

11. Colin who is the head chef of Regent Hotel is getting fed up with Roger, who works as a dishwasher, of his attitude and anger. One day Colin knocks Roger unconscious with a frying pan. Roger is severely injured as a result and he is refusing to go to hospital. Under the circumstances, can Roger bring a claim in vicarious liability against Regent Hotel for Colin’s actions? Alternatively, Can Roger sue Colin directly for the injuries? Apply the elements of vicarious liability in given business situations. (AC 4.2-D3)

UNIT 5: ASP OF CONTRACT
FINAL GRADE:

Achievement Summary
The Following Sections to be completed by the assessor:
Centre Name: Regent Higher Education
Campus:
Centre Number:
Please note that the assessor’s signature below denotes conformation that he/she has in no way influenced the outcome of the assessment:
UNIT 5 ASPECTS OF CONTRACT
UNIT LEADER Loganathan Ramasamy
Assessors Name:
Assessors Signature:
Learners Name (to be filled by the Assessor)
Intake: Batch: Term: Campus:
Learners Edexcel Reference Number
Has the unit been Internally Verified? Y/N
Date of verification:
Name of the Internal Verifier:
Internal verifiers signature:
If Sampled ,Internal verifiers comments on the assignment brief:

Evidence Checklist Summary of the evidence required by the student Evidence presented
LO1 and LO2
Lo3 and LO4
Unit Outcomes
Outcome Evidence for the criteria to pass, merit and distinction as specified in the student feedback and contextualised. Assessors decision Internal verification decision. (agree, disagree)

You are a legal adviser and visited by clients who require advice on different aspects of Law. They have presented you with a summary of the case. With reference to different aspects of Law prepare a report as stated below. Your report should comply with the word count of 1700 with +/- 10% margin. Word count excludes the index, headings, information contained in tables, references and bibliography. For academic purpose you must use theories and include a bibliography. Use Harvard Referencing for the assignment at: https://education.exeter.ac.uk/dll/studyskills/harvard_referencing.htm
LO 1.
Understand the essential elements of a valid contract in a business context AC 1.1Explain the importance of the essential elements required for the formation of a valid contract with cases clearly cited to support the elements. (AC1.1) 1.1 (P,M,D) 1.1
(P,M,D)
AC 1.2 Discuss the impact of different types of contract? (AC 1.2-M1) 1.2 (P,M,D) 1.2 (P,M,D)
AC 1.3.Analyse terms in contracts with reference to their meaning and effect. (AC 1.3- M2) 1.3 (P,M,D) 1.3 (P,M,D)
Contextualised Feedback for LO1 (reflecting 1.1, 1.2, 1.3, 1.4, Pass merit and distinction.)
IV comments towards LO1
LO 2. Be able to apply the elements of a contract in business situations AC 2.1Ivan goes into Todor’s bookshop and sees a HND Law book which was on display for sale. He wants to buy the book on display for £50.00. Ivan takes the book to the counter to pay for it, but Todor tells him that the copy of the book is his only copy and that he has already sold it to Carl yesterday, but forgot to remove it from the display shelf. Ivan insists that he wants to buy the book and is upset. Apply the elements of contract in given business scenario (AC 2.1-D1) 2.1 (P,M,D) 2.1 (P,M,D)
AC2.2 Apply the law on terms in different contracts by explaining. What are the consequences of classifying terms as;
(a) A Condition
(b) A Warranty; and
(c) An Innominate term? (AC2.2-M2)
2.2 (P,M,D) 2.2 (P,M,D)
AC 2.3 John goes into a park which is managed by his local council. He sees a notice which states that “chairs for hire for 50p per hour”. John pays the 50p and is given a ticket by the parking attendant and gets a chair. Later, the chair collapses under him, injuring him badly and damaging his clothes. When John complains and wants to claim compensation from the Council, the attendant points to an exemption clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.” Taking this scenario into consideration, evaluate the effect of different terms of law on terms and exemption clause in contracts. (AC 2.3-D1) 2.3 (P,M,D) 2.3 (P,M,D)
Contextualised Feedback for LO2
(Pass merit and distinction.)
IV comments towards LO2

LO3 Understand principles of liability in negligence in business activities
AC 3.1 Contrast liability in tort with contractual liability. Support your answer with reference to cases and clear explanation of legal principles. P3.1 (P,M,D) P3.1 (P,M,D)
AC 3.2Explain the nature of liability in Negligence. (M1) P3.2 (P,M,D) P3.2 (P,M,D)
AC 3.3 Explain how a business can be vicariously liable. (M3) P3.3 (P,M,D) P3.3(P,M,D)
Contextualised Feedback for LO3
(Pass merit and distinction.)
IV comments towards LO3

LO 4 Be able to apply principles of liability in negligence in business situations
AC 4.1 David is driving 35 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. Apply the elements of the tort of negligence and defences in different business situations. (D2) P4.1 (P,M,D) P4.1 (P,M,D)
AC 4.2 Colin who is the head chef of Regent Hotel is getting fed up with Roger, who works as a dishwasher, of his attitude and anger. One day Colin knocks Roger unconscious with a frying pan. Roger is severely injured as a result and he is refusing to go to hospital. Under the circumstances, can Roger bring a claim in vicarious liability against Regent Hotel for Colin’s actions? Alternatively, Can Roger sue Colin directly for the injuries? Apply the elements of vicarious liability in given business situations. (D3) P4.2(P,M,D) P4.2 (P,M,D)
Contextualised Feedback for LO4 (reflecting 4.1 and 4.2, Pass merit and distinction.)
IV comments towards LO4

Merit grades awarded M1 M2 M3 P1 P2 P3 P4
Distinction grades awarded D1 D2 D3 Resubmit :
Any other comments

Grade given by the Assessor:
Pass Merit Distinction
Assessors Signature: Date:
IV Grading Check: Comments if any:
Agree
Disagree Modify grade to
IV signature:
Date:
Students feedback:

Student Signature: Date:
Plagiarism:
Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies’ regulations. In this context the definition and scope of plagiarism are presented below:
Plagiarism is presenting someone’s work as your won. It includes copying information directly from the web or books without referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework form another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the college procedure. (For further details please refer to the plagiarism policy and the student code of conduct.)


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