Unit 48: Law of Contract and Tort Assignment Sample-BTEC-HND-Level 4 & 5

Course: Pearson BTEC Levels 4 and 5 Higher Nationals in Business

This unit aims to teach students about contracts. The unit will tell you what a valid contract is and how the law determines if the contract was reached. It will also help you understand when and why a contract needs to be in a particular form. Finally, it will talk about what happens when negotiating parties reach an agreement.

In this unit, students will learn about contracts. Terms and conditions are important for businesses. The classification of terms is also important. Students will be able to figure out what their duty of care is as a business and how it may affect their normal business operations.

On completion of this unit, students should have an understanding of what to do when someone breaks a contract. The law tries to make up for the harm done by awarding damages. Students will then explore contracts and torts in the business scenario using examples from decided cases.

Assignment solution on Law of Contract and Tort in the UK

Contract and Tort is a branch of law that involves how two people agree to trade something. If one person agrees to do something for the other, they are compensated. The other type of law is a tort which deals with unintentional things like injury or harm.

Learning Outcomes

By the end of this unit students will be able to:

Examine the essential elements of a valid contract

A valid contract is a legal agreement. It has four parts:

• an offer
• an agreement
• something of value given
• it must not break any laws like antitrust law.

If people want a contract to be binding, they have to agree in good faith. When one person does not do something, the other person can sue them. The most important thing is that both people understand what they are agreeing to. If only one of the parties does something, then it is not legally binding.

A contract cannot be valid if the person was bankrupt when it was signed. Or if any of the terms were illegal or unfair. Or if someone signed the contract while they were under drugs or alcohol.

Discuss how the contents and the terms of the contract are established

The contents of the contract are established by the person or company seeking to enforce the contract.

The terms of the contract are established when one party unilaterally agrees to them, or, if a dispute arises, a judge decides in favor of one over another.

Contracts are documents with rules. They have many rules like how long you need to sell a product or service, and at what price you can sell it. To make sure there are no loopholes, we should use professional legal wording that is found in the contract.

Illustrate the impact of contractual breakdown and suggest remedies available for breach

Many remedies can be used if you feel someone has broken a contract. Your lawyer will know what to do based on the details of your situation. One remedy is a judicial injunction, which prevents one party from abusing their power or selling the property for example.

Justice delayed might be justice denied so it is important not to delay the process in any way you can control if something goes wrong. Also, hire someone who specializes in breaches right away. This could save you time and money if they are successful at getting everything fixed quickly and easily for you.

Evaluate the elements of the tort of negligence and remedies available

Under tort law, when someone does something careless to your property, you can claim they are negligent. If someone in California is careless with your property and this causes a loss, you can sue them and recover damages. You can also get economic losses such as lost wages or medical expenses for the injury. You may need to buy new things if they are broken too.

If you want to win in court, you need to show four things.

• First, that the other person did something wrong.
• Second, that they did not do enough to take care of their duty.
• Third, that this caused problems for you.
• Lastly, how much the damage is worth (if known).

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