'HND Busniess Essay\r'

'Assignment appear sheet\r\nQualification\r\nUnit flake and title\r\nPearson BTEC Level 5 HND lambskin in\r\n product line\r\nUnit 5: Aspects of Contract and Negligence for\r\nBusiness)\r\nAssessor trope\r\nStudent name\r\nBarrister A S M Sayem Uddin Khondoker\r\nDate issued\r\nCompletion consider\r\n03 February 2014\r\n____/_____/ 2014\r\nAssignment title\r\nSubmitted on\r\n turn offual Aspects and Business Negligence: coat in Business Context\r\nLearning outcomes\r\n sound judgement criteria for pass\r\nThe bookman can:\r\nLO1 say the essential\r\n elements of a valid catch\r\nin a employment background\r\n1.1 let off the importance of the essential elements\r\n necessary for the formation of a valid deoxidize\r\n1.2 discuss the impact of various types of agitate\r\n1.3 analyse hurt in gos with quality to their\r\nmeaning and effect\r\nLO2 Be adapted to apply the\r\nelements of a constrict in\r\n transaction situations\r\n2.1 apply the elements of contract in ass umption melody\r\nscenarios\r\n2.2 apply the virtue on footing in different contracts\r\n2.3 evaluate the effect of different basis in given contracts\r\nLO3 Understand principles of\r\nindebtedness in heedlessness in\r\nbusiness activities\r\n3.1 contrast liability in civil wrong with contractual liability\r\n3.2 explain the character of liability in negligence\r\n3.3 explain how a business can be vi motorcariously li sufficient\r\nLO4 Be able to apply principles of\r\nliability in negligence in\r\nbusiness situations\r\n4.1 apply the elements of the tort of negligence and\r\ndefences in different business situations\r\n4.2 apply the elements of vicarious liability in given\r\nbusiness\r\nsituations.\r\nLearner closure\r\nI certify that the work submitted for this duty appointee is my own and research sources be amply acknowledged.\r\nStudent sig temper:\r\nDate:\r\ncontractual Aspects and Business Negligence: Application in Business Context\r\nYou fork over lately ass umed the position of a way trainee at one thousand drug social club Plc, 1 of the major British pharmaceutical companies. The union is committed to its customers worldwide to deliver the safest products at the most competitive prices. colour pharma has got numerous contracts with its vendors, suppliers, employees, banks and other external parties. You argon given the responsibility to handle the court-ordered department to make sure unfledged pharma is doing everything according to the codes of law. Accordingly, the case presents a number of scenarios/tasks designed to ensure that you gestate met all the learning outcome targets.\r\n line 1: Elements of Valid Business Contracts\r\nQ1.1: What are the essential elements of forming a valid contract? exempt the importance of each element by providing relevant reasoned principles derived from pertinacious cases.\r\n275 speech\r\nQ1.2: Describe different types of contract usually undergone in business context. critically analyze the sound impact of outstrip selling contract.\r\n one hundred twenty-five language\r\nQ1.3: try out the contrasting aspects of different kind of terms generally used in a commercial contract. ‘Implied terms are to a greater extent sensitive to deal with than express terms in a business contract’ †how far would you agree\r\nwith this comment?\r\ncc delivery\r\nTask 2: Application of Contracts in Business Situations\r\nQ2.1:\r\n(a) blue jet drug company put an advertisement in a trade journal stating: ‘for the wholesale buyers only, our ‘ youthful moisturizing creams’ are now at a fussy low price of £10 per dozen.’ Mr Khan, one of kelvin Pharma’s trusted vendors, rushed to one of your yield room and wanted to place a large order. Meanwhile the company make a new decision non to sell the creams any more. Mr Khan became surmount and he wished to pursue a legal action against the company. Advice Green Pharma well-ni gh the possible legal consequence. Justify your comments with fictitious character to similar case precedents. 125 words\r\n(b) You work into the night to complete ‘an master(prenominal) report’ for your immediate boss, Tania. Tania is very please with the report and says ‘I know you have worked very hard on this, I leave alone make sure thither’s an extra £ two hundred in your pay at the end of the month. poop you en ram down this promise?\r\n ascorbic acid words\r\n(c) Joe works in the purchase department of Green Pharma. He lives near to you. By an agreement he provides you with a get up to work in return for a contribution towards the petrol. Would this contract be lawfully enforceable? Justify your conclude with legal arguments. 75 words\r\nQ2.2:\r\nAlban is the business outgrowth coach of Green Pharma. Four months past he bought a\r\n‘Landmaster’ car from Brenda’s Garage Ltd for use in his business activities. He pai d £12,500 for the car and was given a written guarantee in the followers terms. ‘Brenda’s Garage Ltd guarantees that, for third months from the date of purchase, it will put pay free of charge any defects in the vehicle which cannot be discovered on proper examination at the succession of purchase. Thereafter all work and materials will be charged to the customer.’ The sales manager recommended to Alban that he should take out the ‘special extended warranty’ under which, for hire of £350, the car would have been guaranteed in take note of all defects for a further both years, but Alban declined.\r\nLast week the locomotive and gearbox seized up. The repairs will cost £2,000. give the axe Alban. Would your answer differ if he bought the car only for his personal use? 200 words\r\nQ2.3: Explain the effects of the following in the running of a pharmaceutical company such as Green Pharma:\r\na) breach of conditions, warranty and innomi nate terms,\r\nb) fairness of exemption clauses. Please include relevant examples to explain different aspects of the terms.\r\n200 words\r\nTask 3: Principles of Liability in Business Negligence\r\nQ3.1: In what aspects, liabilities in tort are different from contractual liabilities? Give examples of ‘duty of cope’ in the context of some day- to- day situations. Explain the concept of ‘causation’ and ‘remoteness’ in the tort of negligence.\r\n220 words\r\nQ3.2: Explain the nature of liability in negligence by giving reference to different scenarios. 125 words\r\nQ3.3: Explain the legal requirements to create employers vicariously liable for the torts committed by their employees.\r\n175 words\r\nTask 4: Application of Principles of Liability in Business Situations\r\nQ4.1: 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 herb tea doctor working in England and (3) next-to-last doctor in a hospital?\r\n125 words\r\n(b) Green Pharma engages Mr Ken, a local electrician, to rewire its office. two weeks later Leo, a visitor, is electrocuted. address Green Pharma’s liability in tort. Would your answer differ if Green Pharma put the following notice at the entrance: ‘Persons entering these premises do so at their own guess’?\r\n125 words\r\nQ4.2:\r\n(a) John is a van driver employed by Green pharma. While on his rounds, he stops to collect his own tv from a repair shop. He put his van carelessly and it moves off, injuring Kelly, a pedestrian. Is Green Pharma vicariously liable?\r\n100 words\r\n(b) Robert, who is a security keep back in Green Pharma’s 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 words\r\nâ €End of assignmentâ€\r\n'