HND Busniess Essay

Assignment front sheetQualificationUnit number and callPearson BTEC aim 5 HND Diploma in craftUnit 5 Aspects of Contract and Negligence forBusiness)Assessor takeStudent nameBarrister A S M Sayem Uddin KhondokerDate issuedCompletion date03 February 2014____/_____/ 2014Assignment titleSubmitted onContractual Aspects and Business Negligence Application in Business ContextLearning outcomes estimation criteria for passThe learner canLO1 Understand the essentialelements of a valid witherin a lineage context1.1 explain the importance of the essential elementsrequired for the formation of a valid contract1.2 discuss the impact of different types of contract1.3 analyse harm in contracts with extension to theirmeaning and stampLO2 Be able-bodied to apply theelements of a contract inbusiness situations2.1 apply the elements of contract in precondition businessscenarios2.2 apply the law on terms in different contracts2.3 evaluate the cause of different terms in given contractsLO3 Under stand principles ofliability in negligence inbusiness activities3.1 contrast liability in tort with contractual liability3.2 explain the nature of liability in negligence3.3 explain how a business can be vi railcariously unresistantLO4 Be able to apply principles ofliability in negligence inbusiness situations4.1 apply the elements of the tort of negligence anddefences in different business situations4.2 apply the elements of vicarious liability in givenbusinesssituations.Learner annunciationI certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student signatureDateContractual Aspects and Business Negligence Application in Business ContextYou train belatedly assumed the position of a management trainee at unfledged pharmaceutical company Plc, one of the major British pharmaceutical companies. The company is committed to its customers worldwide to deliver the safest products at the most competitive prices. putting surface Pharma has got numerous contracts with its vendors, suppliers, employees, banks and other external parties. You are given the responsibility to handle the sound surgical incision to contain sure Green Pharma is doing everything according to the codes of law. Accordingly, the case presents a number of scenarios/tasks designed to ensure that you have met all the learning outcome targets.Task 1 Elements of Valid Business ContractsQ1.1 What are the essential elements of forming a valid contract? Explain the importance of each element by providing relevant jural principles derived from clear-cut cases.275 wordsQ1.2 Describe different types of contract usually undergone in business context. Critically analyze the legal impact of distance selling contract.125 wordsQ1.3 Analyse the contrasting aspects of different kind of terms generally used in a commercial contract. Implied terms are more sensitive to get off with than express terms in a business contract how far would you agreewith this comment?cc wordsTask 2 Application of Contracts in Business SituationsQ2.1(a) Green Pharma put an advertisement in a trade journal stating for the wholesale buyers only, our new moisturizing creams are now at a special low price of 10 per dozen. Mr Khan, one of Green Pharmas trusted vendors, rush to one of your show room and wanted to place a large order. Meanwhile the company do a new decision not to sell the creams any more. Mr Khan became cross and he wished to travel along a legal action against the company. Advice Green Pharma about the possible legal consequence. Justify your comments with reference to similar case precedents. 125 words(b) You work into the night to complete an important report for your warm boss, Tania. Tania is very pleased with the report and says I know you have worked very hard on this, I lead make sure theres an extra 200 in your pay at the end of the month. Can you enforce play this promise?100 words(c) Joe works in the purchase department of Green Pharma. He lives near to you. By an agreement he provides you with a lift to work in return for a contribution towards the petrol. Would this contract be legally enforceable? Justify your answer with legal arguments. 75 wordsQ2.2Alban is the business development manager of Green Pharma. Four months ago he bought aLandmaster car from Brendas Garage Ltd for use in his business activities. He paid 12,500 for the car and was given a written guarantee in the following terms. Brendas Garage Ltd guarantees that, for three months fromthe date of purchase, it will put right free of charge any defects in the vehicle which cannot be discovered on proper examination at the time of purchase. Thereafter all work and materials will be supercharged to the customer. The sales manager recommended to Alban that he should take out the special extended warranty under which, for wages of 350, the car would have been guaranteed in respect of all defects for a further two years, but Alban declined. ratiocination week the engine and gearbox seized up. The repairs will cost 2,000. Advise Alban. Would your answer differ if he bought the car only for his personal use? 200 wordsQ2.3 Explain the effects of the following in the cartroad of a Pharmaceutical company such as Green Pharmaa) breach of conditions, warranty and innominate terms,b) lawfulness of exemption clauses. Please include relevant examples to explain different aspects of the terms.200 wordsTask 3 Principles of Liability in Business NegligenceQ3.1 In what aspects, liabilities in tort are different from contractual liabilities? Give examples of duty of care in the context of some day- to- day situations. Explain the concept of fountain and remoteness in the tort of negligence.220 wordsQ3.2 Explain the nature of liability in negligence by giving reference to different scenarios. 125 wordsQ3.3 Explain the legal requirements to hold employers vicariously liable for the torts committed by their employees.175 wordsTask 4 Application of Principles of Liability in Business SituationsQ4.1 By applying the relevant legal principles answer the following (a) What is the level of duty of care to be shown by (1) a learner driver (2) a Chinese herbal doctor working in England and (3) subaltern doctor in a hospital?125 words(b) Green Pharma engages Mr Ken, a local anesthetic electrician, to rewire its office. Two weeks later Leo, a visitor, is electrocuted. Discuss Green Pharmas liability in tort. Would your answer differ if Green Pharma put the following notice at the entrance Persons accounting entry these premises do so at their own risk?125 wordsQ4.2(a) John is a van driver employed by Green pharma. While on his rounds, he stops to take up his own television from a repair shop. He parks his van carelessly and it moves off, injuring Kelly, a pedestrian. Is Green Pharma vicariously liable?100 words(b) Robert, who is a security guard in Green Pharmas head office, has been encouraged by the company to keep order by force if necessary. One night he grabbed one Mr Mattis on suspicion and stabbed him in the back. Discuss the potential vicarious liability of Green Pharma. 100 wordsEnd of assignment