1.1 explain the importance of the essential elements of a valid contract in a business context

Aspects of Contract and Negligence for Business

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Learning Outcomes Content Assessment Criteria for Pass

 

LO1 Understand the Essential elements: offer and acceptance; intention to

1.1 explain the importance of the essential elements of a valid contract in a business context

 

 Types of contract: face to face; written; distance selling;

impact

 

Types of terms: condition; warranty; innominate term;

express; implied; exclusion clauses and their validity

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

 

LO2 Be able to apply the

elements of a contract in

business situations

 

Elements: application of relevant principles and case law to

business scenarios

 

Specific terms: contents of standard form business

contracts; analysis of express terms, implied terms and

exclusion clauses in a given contract

 

Effect of terms: breach of condition, warranty and

innominate terms; legality of exemption clauses; outline of

remedies; damages

 

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

 

LO3 Understand principles

of liability in negligence in

business activities

 

Negligence: differences to contract; duty of care; breach of

duty; damage – causation and remoteness of damage;

personal injuries; damage to property; economic loss;

occupier liability

 

Liability: employer’s liability; vicarious liability; health and

safety issues

 

3.1 contrast liability in tort with

contractual liability

 

3.2 explain the nature of liability in

negligence

 

3.3 explain how a business can be

vicariously liable

 

LO4 Be able to apply the

principles of liability in

negligence in business

situations

 

Negligence: application of the legal principles of negligence

and relevant statutory and case law to business scenarios

including: personal injuries, damage to property, economic

loss, occupier liability; defences; contributory negligence;

remedies

 

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

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