LEARNING OUTCOME FOUR: Be Able To Apply Principles Of Liability In Negligence In Business Situations11/29/2016 LESSON OBJECTIVE
Assessment Criteria AC 4.2 Apply the elements of vicarious liability in given business situations. Below are questions pertaining to lesson 11. Please ensure to answer each question correctly. 1. What is vicarious liability? 2. How is liability in this tort established? 3. Distinguish between a contract of service and a contract for service 4. What defence may an employer use in this tort? 5. Discuss in one paragraph the effect this tort would have on a business. 6. Discuss the doctrine of ‘Respondeat Superior’.
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LEARNING OUTCOME FOUR: Be Able To Apply Principles Of Liability In Negligence In Business Situations11/29/2016 LESSON OBJECTIVE
Assessment Criteria AC 4.1 Apply the elements of the tort of negligence and defences in different business situations Below are questions pertaining to lesson 10. Please ensure to answer each question correctly. 1. Identify and explain the defences for the tort of negligence. 2. What are the elements which must be proven to establish Contributory negligence? 3. Highlight by way of examples the ‘but for’ test. 4. Based on Diplock LJ dicta in Wooldridge v Summer [1963] 2 QB 43, what is the court’s approach to the doctrine of Volenti Non Fit Injuria LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.3 Explain how a business can be vicariously liable Below are questions pertaining to lesson 9. Please ensure to answer each question correctly. 1. What is vicarious liability? 2. Explain how a business would be vicariously liable through a contract 3. What should be established for an action of vicarious liability to arise? 4. What is a fiduciary relationship? 5. Discuss the ways in which a business or employer may be exempted from vicarious liability. LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.2 Explain the nature of liability in negligence Below are questions pertaining to lesson 8. Please ensure to answer each question correctly. 1. What is negligence? 2. Explain the principle which arises from the case of Donoghue v Stevenson. 3. What must be proven for someone to be held negligent in a situation? 4. Explain the concepts of remoteness and causation. 5. What is the standard of care required when proving negligence? LEARNING OUTCOME THREE: Understand Principles Of Liability In Negligence In Business Activities11/16/2016 LESSON OBJECTIVE
Assessment Criteria AC 3.1 Contrast liability in tort with contractual liability Below are questions pertaining to lesson 7. Please ensure to answer each question correctly. 1. What is a tort? 2. Explain the nature of a tortious liability? 3. Based on the case of Hedley Byrne v Heller, what are the principles arising out of negligence? 4. Distinguish between a tortious liability and a contractual liability. 5. What must be present for negligence to occur? LESSON OBJECTIVE
Assessment Criteria AC 2.3 Apply the law on terms in different contracts Below are questions pertaining to lesson 6. Please ensure to answer each question correctly. 1. What is the significance of the different terms of a contract? 2. Identify the differences between a breach of condition and a breach of warranty. 3. What are the specific remedies available for breach of the terms of a contract? LESSON OBJECTIVE
Assessment Criteria AC 2.2 Apply the law on terms in different contracts Below are questions pertaining to lesson 5. Please ensure to answer each question correctly. 1. What are the different terms of a contract (Identify All which may be present). 2. For each term, highlight the effect of breaching such term. 3. Discuss the remedies available for breach of contract. LESSON OBJECTIVE
Assessment Criteria AC 2.1 Apply the elements of contract in given business scenarios Below are questions pertaining to lesson 4. Please ensure to answer each question correctly. 1. Identify ALL the elements of a valid contract. 2. What is the importance of these elements in a contract? 3. What is a void contract? 4. Explain what a voidable contract is. 5. Distinguish using examples between a void contract and a voidable contract. LEARNING OUTCOME ONE: Understand The Essential Elements Of A Valid Contract In A Business Context10/14/2016 LESSON OBJECTIVE
Assessment Criteria AC 1.3 Analyse terms in contracts with reference to their meaning and effect Below are questions pertaining to lesson 3. Please ensure to answer each question correctly. What is the meaning of valuable consideration? 2. What is meant by a gratuitous promise and what is the effect of such a promise? 3. What is executory consideration? 4. What is executed consideration? LESSON OBJECTIVE
Assessment Criteria AC 2.1 Apply the elements of contract in given business scenarios Below are questions pertaining to lesson 4. Please ensure to answer each question correctly. Exercise 1: CONTRACT This exercise is about offer and acceptance. John, a homeowner, answers the telephone and listens to a solicitor make a five-minute sales pitch for Weed Gardening Services. John responds, “No, thank you,” and hangs up. Two days later, John returns home from work to find a crew gardening in his yard and a bill for $200 sitting on the porch. When John tells the Weed representative that he never asked for this service, Weed responds by saying, “It looks much better, doesn’t it? You got the service, now pay for it.” John agrees that the work was of good quality, but refuses to pay for it. He is later served with a summons to appear in magistrate court because of this dispute. How should the judge rule? A. For Weed Gardening Services, because Weed performed good quality services for John. B. For John, because he did not accept Weed's offer. Exercise 2: CONTRACT offer and acceptance. Harry drops by Mack’s house and finds him working on his old pickup truck in the driveway. Mack kicks the truck and exclaims to Harry, “This piece of junk isn’t worth a tank of gas – you can have it.” Harry says thanks and the next day comes by with his SUV to tow away the pickup. Mack stops him and says the truck is working now. Harry goes to court and claims that the truck Mack promised him was worth $500 and Mack should pay him that amount. How should the judge rule? A. For Mack, because there was no consideration for the transaction. B. For Harry, because Mack promised him the pickup truck, and that created a contract. C. For Mack, because Harry never accepted his offer. Exercise 3 A BREACH OF CONTRACT Green Company has a contract with Red Company to buy 400 golf balls, to be delivered to Green Company on July 16. The contract states that “time is of the essence.” On July 18, Red Company delivers the 400 golf balls to Green Company. Green Company refuses to accept the golf balls because of the delay and sues Red Company for breach of contract. How should the judge rule? A. For Green Company, because the late delivery of golf balls constituted a material breach. B. For Red Company, because the delivery was only two days late. LEARNING OUTCOME: Understand The Essential Elements Of A Valid Contract In A Business Context9/12/2016 LESSON OBJECTIVE
Assessment Criteria AC 1.2 Discuss the impact of different types of contract Below are questions pertaining to lesson 2. Please ensure to answer each question correctly. 1. Name TWO (2) ways in which an offer comes to an end. 2. What principle is to be extracted from the case of Hyde v Wrench (1840)? 3. In a sentence or two explain the postal rule. 4. What are the two main presumptions the law makes with respect to intention to create legal relations LESSON OBJECTIVE
Assessment Criteria AC 1.1 Explain the importance of the essential elements required for the formation of a valid contract Below are questions pertaining to lesson 1. Please ensure to answer each question correctly. 1. What are the key elements of a valid contract. 2. What is an offer? 3. What is an invitation to treat? 4. How does the law treat advertisements, that is, are they regarded as offers or invitations to treat? This is a scholarly, higher education and professional forum for Intelligent Conversations. Only Questions, Posts and Scholarly Information related to Unit 5 are allowed.
Unit 5 Dialogue Group is a great medium for us to share individual analysis on 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. I will be uploading videos and/or review notes for each week's lesson. You will answer ALL the Review Questions posted weekly for each lesson. There will be Eleven (11) Posts in total over the next 12 Weeks. To Earn The 10% Grade from this forum, you MUST answer the review questions by Sunday of each week. You will be penalized for Late Posts. You cannot cut and paste information on my board. These will be deleted promptly and you will be immediately given an 'F' Grade. It is not necessary to cite your own ideas provided, but it is advisable at this level to validate your work through referencing. Plagiarism is a crime punishable by expulsion. I will be using a register to record your excellent and anticipated participation in Unit 5 Dialogue. At the end of the semester, if you answer all weeks and on time you will earn an A Grade - Full Marks. If you miss more 4 or more posts or make 4 late posts, you earn an 'F' Grade. Your commitment and participation in your learning at Colbourne College speaks to your character and ability to meet professional requirements and developments. You will post twice per week. This will be to answer the Review Question or Pose a Question to your peers or the dialogue group moderation. Students can have good cross-discussions among themselves to stimulate critical thinking and build quality conversations. Be Engaged! Be Informed! REMEMBER! If you do not PASS Unit 5 Forum by consistent, robust and sustained dialogue, you WILL fail the entire Unit 5 Course. My only objective is to help you pass UNIT 5. This means posting relevant review questions from each lesson and getting you engaged in the course content. I review all posts that you make. I plan on making your learning and experiences in Unit 5 Dialogue Group focused, diverse, fun, engaging and interactive. By starting this unit and with expectation to Pass the course, you hereby accept this challenge. If you accept, you may begin. ABOUT BTEC L5 CURRICULUM FOR UNIT 5 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS UNIT OVERVIEW The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. You 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. LEARNING OUTCOMES On successful completion of this unit you 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. |
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