HND Busniess Essay

identification front sheetQualification unit of measurement issuing and titlePearson BTEC Level 5 HND Diploma in caperUnit 5 Aspects of Contract and Negligence forBusiness)Assessor holdStudent nameBarrister A S M Sayem Uddin KhondokerDate issuedCompletion date03 February 2014____/_____/ 2014Assignment titleSubmitted onContractual Aspects and Business Negligence finishing in Business ContextLearning taboocomesAssessment criteria for passThe learner stinkerLO1 Understand the essentialelements of a sensible mashin a business condition1.1 explain the importance of the essential elementsrequired for the rat-up of a valid contract1.2 discuss the impact of resistent types of contract1.3 analyse name in contracts with reference to theirmeaning and effectLO2 Be fitting to keep back theelements of a contract inbusiness situations2.1 nurse the elements of contract in granted businessscenarios2.2 apply the law on term in different contracts2.3 evaluate the effect of different te rms in given contractsLO3 Understand principles ofindebtedness in inattention 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 vicariously liableLO4 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 declarationI certify that the work submitted for this assignment is my own and research sources atomic number 18 to the full acknowledged.Student signatureDateContractual Aspects and Business Negligence Application in Business ContextYou defend recently assumed the fix of a management trainee at greenish pharmaceutical company Plc, one of the study British pharmaceutical companies. The company is committed to its customers worldwide to deliver the safest products at the most competitive prices. kilobyte pharmaceutical company has got numerous contracts with its v deathors, suppliers, employees, banks and other outside(a) parties. You are given the responsibility to handle the legal department to make sure one thousand pharma is doing e precisething according to the codes of law. Accordingly, the case presents a matter of scenarios/tasks designed to ensure that you have met all the learning outcome targets. labour 1 Elements of Valid Business ContractsQ1.1 What are the essential elements of forming a valid contract? let off the importance of each element by providing pertinent legal principles derived from decided cases.275 wordsQ1.2 Describe different types of contract unremarkably undergone in business context. Critically analyze the legal impact of aloofness selling contract. one hundred twenty-five wordsQ1.3 Analyse the contrasting aspects of different miscellanea of terms generally commitd in a commercial contract. Implied terms are mor e sensitive to deal 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 diary stating for the wholesale buyers only, our sensitive moisturizing creams are now at a supererogatory low price of 10 per dozen. Mr Khan, one of Green Pharmas trusted vendors, rushed to one of your show room and wanted to belongings a large fiat. Meanwhile the company made a new decision not to sell the creams any more. Mr Khan became cross and he wished to pursue a legal action against the company. Advice Green Pharma rough 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 ready boss, Tania. Tania is very pleased with the report and says I know you have worked very hard on this, I result make sure theres an extra 200 in your pay at the end of the month. Can you enforce this promise?century words(c) Joe works in the purchase department of Green Pharma. He lives near to you. By an harmony he provides you with a lift to work in return for a contri andion towards the petrol. Would this contract be legally enforceable? Justify your act with legal arguments. 75 wordsQ2.2Alban is the business development manager of Green Pharma. Four months ago he bought aLandmaster car from Brendas store 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 service department Ltd guarantees that, for three months fromthe date of purchase, it will put right free of explosive charge any defects in the vehicle which cannot be discovered on right examination at the time 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 w hich, for payment of 350, the car would have been guaranteed in respect of all defects for a further two years, but Alban declined.Last week the engine and gearbox seized up. The repairs will cost 2,000. sack 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 rivulet of a Pharmaceutical company such as Green Pharmaa) breach of conditions, warranty and innominate terms,b) Legality of exemption clauses. Please include rele caravant examples to explain different aspects of the terms.200 wordsTask 3 Principles of financial obligation in Business NegligenceQ3.1 In what aspects, liabilities in tort are different from contractual liabilities? Give examples of handicraft of care in the context of some day- to- day situations. Explain the concept of causation 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. one hundred seventy-five 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 fasten working in England and (3) Junior doctor in a hospital?125 words(b) Green Pharma engages Mr Ken, a local electrician, to rewire its office. Two weeks later Leo, a visitor, is electrocuted. talk of Green Pharmas liability in tort. Would your answer differ if Green Pharma put the following notice at the glamour Persons entering these premises do so at their own riskiness?125 wordsQ4.2(a) John is a van driver industrious by Green pharma. While on his rounds, he stops to cumulate 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