Unit 5: Aspects of Contract and Negligence for Business

Oct 28, 2018 | 0 comments

Oct 28, 2018 | Miscellaneous | 0 comments

Regent College

Higher Education

Assignment front sheet

Qualification Unit number and title
Pearson BTEC Level 5 HND Diploma Business Unit 5: Aspects of Contract and Negligence for Business
Student name Assessor name
Loganathan Ramasamy
Date issued Completion date Submitted on
13th October 2014 30th January 2015 30th January 2015
Assignment title Aspects of Contract and Negligence for Business
Achievement Summary
LO Learning outcome Assessme In this assessment you will have the opportunity to Task Evidence
nt present evidence that shows you are able to: no. (Page
Criteria no)

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  LO1 Understand the LO 1.1 Explain the importance of the essential elements
essential elements required for the formation of a valid contract
of a valid contract
in a business
context (LO 1)
LO 1.2 Discuss the impact of different types of contract
LO 1.3 Analyse terms in contracts with reference to their
meaning and effect
LO 2 Be able to apply LO 2.1 Apply the elements of contract in given business
the scenarios
elements of a
contract in LO 2.2 Apply the law on terms in different contracts
business situations
LO 2.3 Evaluate the effect of different terms in given
contracts
LO 3 Understand
principles of
liability in
LO 3.1 Contrast liability in tort with contractual liability
negligence in
business activities
LO 3.2 Explain the nature of liability in negligence
LO 3.3 Explain how a business can be vicariously liable
(LO Be able to apply LO 4.1 Apply the elements of the tort of negligence and
4) principles of defences in different business situations
liability in LO 4.2 Apply the elements of vicarious liability in given
negligence in business situations.
business situations
Learner declaration

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I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.

Student signature: Date:

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In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following MERIT and DISTINCTION grades

Grade Descriptor Indicative characteristic/s Contextualisation
M1Identify and apply relevant Legal issues Effective judgements have been made. To achieve M1, the learner will be able to identify and apply
and principles applicable in the given legal principles to explain, analyse and make effective
scenario An effective approach to study and research judgements about elements of contract, discuss the impact of
different types of contract and analyse terms in contracts with
has been applied.
reference to their meaning and effect. (Task 1)
M2 Apply valid conclusion to legal principles To achieve M2, the learner will be able to apply valid
supported by relevant cases conclusion to legal principles supported by relevant cases
Appropriate learning methods/techniques using the given business scenarios to apply the law on terms
have been applied. elements of contract, discuss the impact of different types of
contract and analyse terms in contracts with reference to their
meaning and effect. (Task 1)
M3 Legal cases are analysed, criticised and To achieve M3, the learner will have ensure that the legal
judgements in cases correctly applied to cases are analysed, criticised and judgements in cases
given legal and business scenarios correctly applied to given legal and business scenarios and
Communication is appropriate for familiar contrast liability in tort with contractual liability,
and unfamiliar audiences and appropriate explain the nature of liability in negligence and explain how
media have been used. a business can be vicariously liable. Also apply the elements
of the tort of negligence and defences in different business
situations apply the elements of vicarious liability in given
business situations. (Task 2)

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D1 Use critical reflection to evaluate own To achieve D1, the learner needs to critically evaluate own
work and justify valid conclusions with Conclusions have been arrived at through
work and justify valid conclusions respect of legal principles
respect of legal principles and business synthesis of ideas and have been justified.
and business scenario and apply the elements of contract in
scenario Realistic improvements have been proposed
given business scenarios and evaluate the effect of different
against defined characteristics for success.
terms in given contracts. (Task 1)
D2 The learner is required to propose To achieve D2, the learner is required to propose realistic
realistic conclusion based on cases and conclusion based on cases and terms and suggest valid
terms and suggest valid discussion of legal discussion of legal and wider business issues affecting the
and wider business issues affecting the given given scenario and contrast liability in tort with contractual
scenario Activities have been managed. liability, explain the nature of liability in negligence and
explain how a business can be vicariously liable. Also apply
the elements of the tort of negligence and defences in
different business situations apply the elements of vicarious
liability in given business situations. (Task 2)
D3 Demonstrate convergent /lateral /creative To achieve D3, the learner is required to demonstrate
thinking and propose suggestion on how convergent /lateral /creative thinking and propose suggestion
well the terms and cases meet the needs of on how well the terms and cases meet the needs of the both
the both parties to the case in the given Relevant knowledge gained from previous parties to the case in the given business scenario and contrast
business scenario liability in tort with contractual liability, explain the nature of
units has been incorporated in this unit, to
liability in negligence and explain how a business can be
demonstrate a synoptic understanding of the
vicariously liable. Also apply the elements of the tort of
business environment.
negligence and defences in different business situations apply
the elements of vicarious liability in given business situations
(Task 2)

Programme: BTEC Higher National Diploma in Business

Assignment Brief Task 1 ( LO 1: 1.1, 1.2, 1.3 and LO 2: 2.1, 2.2 and 2.3 for M1,M2 and D1)

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  Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 13/10/2014
Deadline/hand-in 30/01/2015
Assessor Loganathan Ramasamy
Email: [email protected]

Assignment Number: Task 1. Provide Legal Advice

Assessment Format: You are a legal adviser and visited by clients who require advice on different aspects of Law. They have presented you with a summary of the case. With reference to different aspects of Law, write a letter to each client providing sound advice. Your letter should comply with the word count of 1500 with +/- 10% margin. Word count excludes the index, headings, information contained in tables, references and bibliography. For academic purpose you must use theories and include a bibliography.

Assessment Type: Individual

  1. Bob goes into Sam’s bookshop and sees a book which he wants to buy on display. He takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is Sam entitled to refuse to sell Bob the book? Taking this scenario into consideration explain the importance of the essential elements required for the formation of a valid contract. (LO 1.1)
  2. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect. (LO 1.2 and 1.3)

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  1. Adam advertises a reward of £1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the newspaper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same newspaper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage angd duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled to claim the reward? (LO 2.1)
  2. Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.” Are the council entitled to rely on the clause?

Taking this scenario into consideration, apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts. (LO 2.2 and 2.3)

Assignment Brief Task 2(LO 3: 3.1, 3.2, 3.3 and LO 4: 4.1, 4.2, 4 for M3 and D2, D3)

Unit number and title Unit 5: Aspects of Contract and Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 13/10/2014
Deadline/hand-in 30/01/2015
Assessor Loganathan Ramasamy
Email: [email protected]
Assignment Number: Task 2. Evaluation task
Distribution Date: 13/10/2014
Submission Date: 30/01/2015

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Assessment Format: Evaluating below scenario(s) should comply with the word count of 1500 with +/- 10% margin. You may use tables and diagrams to support your report to illustrate the text. Word count excludes the index, headings, information contained in tables, references and bibliography.

Assessment Type: Individual

1. Contrast liability between contract and tort liability with cases. (LO 3.1)

nh

  1. In the meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan. Does Ben, the Hotel Owner, owe Roger a non-delegable duty of care as an employer to provide a safe working environment? Can Roger bring a claim in vicarious liability against Ben for Colin’s actions.(LO 3.3)
  2. Meanwhile, Mark decides to go to the Hotel pool for a swim. A sign on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks. Under the Occupiers’ Liability Act, will Mark

be able to claim for the cost of his designer swimming trunks. Is the Poshplace Hotel liable to Mark under the Occupiers’ Liability Act 1957. Can the Poshplace Hotel exclude liability to Mark under the Occupiers’ Liability Act 1984 because of its warning notice. (LO 4.1, 4.2)

(Answer by applying the elements of the tort of negligence, vicarious liability and defences in these situations).

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Achievement Summary

Pearson BTEC Level 5 HND Diploma in Business
Qualification Assessor name
Unit Number and title Unit 5: Aspects of Contract and Negligence for Student name
Business
Criteria To achieve the criteria the evidence must show that the student is able to: Achieved?
Reference (tick)
LO 1
1.1 explain the importance of the 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
LO 2
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
LO 3
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
LO 4
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

Higher Grade achievements (where applicable)

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  Grade descriptor Achieved? Grade descriptor Achieved?
(tick) (tick)
M1: Identify and apply strategies to find appropriate solutions D1: Use critical reflection to evaluate own work
and justify valid conclusions
D2: Take responsibility for managing and
M2: Select/design and apply appropriate methods/techniques organising activities
D3: Demonstrate convergent/lateral /creative
M3: Present and communicate appropriate findings thinking

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Assignment Feedback

Formative Feedback: Assessor to Student

Action Plan

Summative feedback

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Feedback: Student to Assessor

Assessor Signature Date
Student Signature Date

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Evidence Summary of evidence required by student Evidence
checklist presented
Prepare a report, which should comply with the word count of 3000 with +/- 10% margin. You
Task 1 may use tables and diagrams to support your report to illustrate the text.

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Assignment Feedback

Formative Feedback: Assessor to Student

Action Plan

Summative feedback

Feedback: Student to Assessor

Assessor Signature Date
Student Signature Date

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