Brief Discussion On Law of Tort And Law Of Contract
INTRODUCTION This report will provide a brief discussion on Law of tort and Law of contract. The elements of contract create effectiveness in this discussion. Further there will be a distinction made regarding an offer and an invitation to treat. Even the types of contracts will be explained in this case with the help of different situations. There will be a proper distinction made between the terms of the contract and representations made in contract along with conditions and warranties emphasizing the remedies of the same. Along with all this the Law of negligence involving the occupiers liability will be explained with the help of different business situations and Law of vicarious liability and its remedies will be explained.
TASK 1 Explain the essential elements required for the formation of a contract in the UK? Include an explanation of what is meant by ‘an invitation to treat’. ELEMENTS OF CONTRACT Offer: It is a suggestion initiated by a person for the creation of promise regarding the subject matter involved. The concept of offer is totally different from the concept of invitation to treat. In (Spencer v Harding , 1870), the dissimilarity between offer and invitation to treat has been made. Invitation to treat is considered as a tool used for negotiations to be made and to recognise which of the party may be agreeable to accept, not like offer where one party is legally bound upon acceptance (Findlaw Uk, 2014). Acceptance: It is very important to consider that an acceptance is always made for only what has been offered without any alterations. An offer can be cancelled only when the acceptance is not made regarding that offer. Consideration: Regarding the validation of a contract it is necessary that a legal consideration is involved in the agreement. It simply means that the agreement should involve some kind of monetary value or benefit or right, which is given to the party in return of the performance or non performance of the specified act in the contract. Thereafter only it will be treated as a legal consideration. Parties: At least two parties should be present for the formation of contract. The parties present should be legally capable to enter into a contract. The legal capacity of the parties includes that the person should not be a minor, should understand the nature of the obligations resulting from the contract, should not be a bankrupt or a prisoner.
Consent: The consent of the parties involved should be free from coercion, mistake, duress and unconscionability of party or duress.