ACNB A2
Aspects of Contract and Negligence for Business
PREPARED BY : Lana- Nguyễn Thị Thanh Huyền
REGISTRATION NO: F06-060 3989
CLASS: F06-B
Unit 5: Business law
Banking Academy, Hanoi
BTEC HND in Business (Accounting)
Introduction:
To identify the problem, the solicitors needs to understand Aspects of Contract and Negligence for Business. There are many types of contract, Negligence that the analyses should be find out and apply it in the case scenarios. The rules should be matched the problem cases, to provide a useful suggestion for Mr. Johnson. The researchers also uses the other sources apart from book, the reference on Internet.
In the report, the analyses maybe not describe the solution clearly, the word used is not available. The readers might misunderstand the meaning of the solution.
However, the problems has been solved completely, the analyses expresses their understanding by creating the report.
Contents
Introduction: 2
3.1 Contrast liability in tort with contractual liability. 4
3.1.1 Definition: 4
3.1.2 The characteristic of liability in tort 4
3.1.3 Aim and objective of liability in tort 5
3.1.4 Compare and contrast between tort and contract 5
3.2 Explain the nature of liability in negligence. 6
3.2.1 : Duty of care 6
3.2.2 :Breach of duty: 7
3.2.3 : Causation: 7
3.2.4 Damage 7
3.2.5: Concepts of negligence 8
4.1 The elements of the tort of negligence and defenses in different business situations 8
Case 1: Mr. Johnson and Tuan: 8
Case 2: Tuan and Dr. Stevenson 9
3.3 Explain how a business can be vicariously liable 10
There is a relationship between them of employer and employee: 12
The employee’s tort is committed in the course of his employment. 12
4.2 The elements of vicarious liability in given business situations (claim 2) 13
4.2.1 First Claim: Vincent, Mr. Johnson and Mimi’s family 13
4.2.2 Second claim: Benny, Mr. Johnson and Scott 13
Conclusion: 14
Appendix 15
References 19
3.1 Contrast liability in tort with contractual liability.
3.1.1
PREPARED BY : Lana- Nguyễn Thị Thanh Huyền
REGISTRATION NO: F06-060 3989
CLASS: F06-B
Unit 5: Business law
Banking Academy, Hanoi
BTEC HND in Business (Accounting)
Introduction:
To identify the problem, the solicitors needs to understand Aspects of Contract and Negligence for Business. There are many types of contract, Negligence that the analyses should be find out and apply it in the case scenarios. The rules should be matched the problem cases, to provide a useful suggestion for Mr. Johnson. The researchers also uses the other sources apart from book, the reference on Internet.
In the report, the analyses maybe not describe the solution clearly, the word used is not available. The readers might misunderstand the meaning of the solution.
However, the problems has been solved completely, the analyses expresses their understanding by creating the report.
Contents
Introduction: 2
3.1 Contrast liability in tort with contractual liability. 4
3.1.1 Definition: 4
3.1.2 The characteristic of liability in tort 4
3.1.3 Aim and objective of liability in tort 5
3.1.4 Compare and contrast between tort and contract 5
3.2 Explain the nature of liability in negligence. 6
3.2.1 : Duty of care 6
3.2.2 :Breach of duty: 7
3.2.3 : Causation: 7
3.2.4 Damage 7
3.2.5: Concepts of negligence 8
4.1 The elements of the tort of negligence and defenses in different business situations 8
Case 1: Mr. Johnson and Tuan: 8
Case 2: Tuan and Dr. Stevenson 9
3.3 Explain how a business can be vicariously liable 10
There is a relationship between them of employer and employee: 12
The employee’s tort is committed in the course of his employment. 12
4.2 The elements of vicarious liability in given business situations (claim 2) 13
4.2.1 First Claim: Vincent, Mr. Johnson and Mimi’s family 13
4.2.2 Second claim: Benny, Mr. Johnson and Scott 13
Conclusion: 14
Appendix 15
References 19
3.1 Contrast liability in tort with contractual liability.
3.1.1
References: E-lawresources.co.uk, (2014). Breach of duty. [online] Available at: http://www.e-lawresources.co.uk/Breach-of-duty.php [Accessed 10 Dec. 2014]. E-lawresources.co.uk, (2014). Duty of care. [online] Available at: http://www.e-lawresources.co.uk/Duty-of-care.php [Accessed 10 May. 2014]. E-lawresources.co.uk, (2014). Negligence. [online] Available at: http://www.e-lawresources.co.uk/Negligence.php [Accessed 10 May. 2014]. TheFreeDictionary.com, (2014). Vicariously liable. [online] Available at: http://legal-dictionary.thefreedictionary.com/Vicariously+liable [Accessed 12 May. 2014].