Diploma in Business Unit Number: 5

Diploma in Business Unit Number: 5 BTEC Level 5 HND Diploma in Business Aspects of Contract and Negligence for Business Student: Please provide Evidence Page Number of your assignment Learning Outcome LO1 Understand the essential elements of a valid contract in a business context. LO2 Be able to apply the elements of a contract in business situations. LO3 Understand principles of liability in negligence in business activities. LO4 Be able to apply principles of liability in negligence in business and employment situations. Assessment Criteria 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. 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. 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. 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. Note: For Severn Business College Use Only Task Numb er Evidence Page No Task-1 Task-2 Task-3 Task-4 1|Page Assignment Unit aim The aim of this unit is to provide learners with an understanding of aspects of the law of contract and tort and the skill to apply them, particularly in business situations. Unit introduction The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. Learners are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. Relevant case law examples will be covered. Learners will consider when liability in contract arises, the nature of the obligations on both sides of the contract, and the availability of remedies when a contract is not fulfilled in accordance with its terms. Additionally, the unit will enable learners to understand how the law of tort differs from the law of contract and examine issues of liability in negligence relating to business and how to avoid it. Unit content Task 1: 1.1 Essential elements: offer and acceptance; intention to create legal relations; consideration; capacity; privity of contract (note vitiating factors are included in Unit 27: Further Aspects of Contract and Tort) 1.2 Types of contract: face to face; written; distance selling; impact 1.3 Types of terms: condition; warranty; innominate term; express; implied; exclusion clauses and their validity Task 2: 2.1 Elements: application of relevant principles and case law to business scenarios 2.2 Specific terms: contents of standard form business contracts; analysis of express terms, implied terms and exclusion clauses in a given contract 2.3 Effect of terms: breach of condition, warranty and innominate terms; legality of exemption clauses; outline of remedies; damages Task 3&4: 3.1 Negligence: differences to contract; duty of care; breach of duty; damage –causation and remoteness of damage; personal injuries; damage to property;economic loss; occupier liability 3.2, 3.3, 4.2 Liability: employer’s liability; vicarious liability; health and safety issues Task 4: 4.1 Negligence: application of the legal principles of negligence and relevant statutory and case law to business scenarios including: personal injuries, damage to property, economic loss, occupier liability; defences; contributory negligence; remedies Note: For Severn Business College Use Only 2|Page Task 1 (this provides evidence for 1.1, 1.2, 1.3). Task 1 (LO1): Understand the essential elements of a valid contract in a business context a) Outline the essential elements for the formation of a valid contract; explain the importance of these elements in the formation of a valid contract. (AC1.1) b) Discuss the impact of different types of contract and analyse terms in contracts with reference to their meanings and effect in a business context. (AC1.2) (AC1.3) Task 2 (this provides evidence for 2.1, 2.2, 2.3) Task 2 LO2: Be able to apply the elements of a contract in business situations In March Norman offered to buy Jackie’s car for £4500. Jackie immediately wrote a letter to Norman saying “For a quick sale I would accept £5000. If you are not interested please let me know as soon as possible”. Norman did not see the letter until May when he returned from a business trip but then replied. “I accept your offer. I trust that if I pay £4500 now, you can wait until September for the remaining £500”. On receiving the letter, Jackie attached a “sold” sign on the car but forgot to reply to Norman. a) Explain the requirements for the formation of a valid contract. Apply the law on terms and advise Norman and Jackie as to whether or not he has a claim against Jackie for the car. (AC2.1) (AC2.2) b) Evaluate the effect of different terms in given contracts. How does the law approach the issues of intention to create legal relations and the capacity to contract? Use the above scenario to illustrate your answer. (AC2.3) Task 3 (this provides evidence for 3.1, 3.2, 3.3) Task 3 LO3: Understand principles of liability in negligence in business activities a) What is meant by Tort, contrast liability in Tort with contractual liability? (AC3.1) b) Explain the nature of liability in negligence in business activities. Use relevant examples to illustrate your answer. (AC3.2) c) Explain what is meant by vicarious liability and how a business can be vicariously liable. Support your answer by relevant examples. (AC3.3) Task 4 (this provides evidence for 4.1, 4.2) Task 4 (LO4) LO4: Be able to apply the principles of liability in negligence in situations. Jane is employed in a factory as a cleaner. Her job is to keep the factory floor clean. From time to time, she is asked by other members of staff to help clean other areas in the workplace. One day Tony, a warehouseman, asks Jane to help him drive the forklift truck and move some boxes into the rear of the warehouse so that they can clean. Jane has never driven a forklift truck before but reluctantly agrees. Jane starts the forklift truck but immediately loses control and crashes into some boxes, which fall onto Simon, a co-worker. Simon is badly injured. Later that day James, a delivery driver, receives an urgent call to pick up his daughter from school, as she is ill. James decides to take the works’ van to pick up his daughter and to make a couple of deliveries on the way to his home. However, after making the last delivery, he negligently crashes the van. The van crashes into Richard severely injuring him. Richard was not Note: For Severn Business College Use Only 3|Page wearing his seatbelt. a) Apply the elements of the tort of negligence and vicarious liability to consider whether Simon and Richard would be able to claim for their injuries. (AC4.1) (AC4.2) What you must hand in for assessment Task 1: Report Task 2: Report Task 3: Report Task 4: Report SUBMISSION GUIDELINES: Assignment must include: Assignment Front Sheet (filled assignment front sheet & filled evidence page number) + Assignment (answers to all assessment criteria and properly numbered) + Plagiarism Report (submit plagiarism report) + Filled Declaration Form (student declaration, assessor feedback and result form) Title Unit Name and Course Name. Presenter’s information Full Name & Student Reference Number. Submission Deadline Assignment Length Methodology Bibliography/ References No restriction on the word limit (suggested 3000 words) The student needs to demonstrate an awareness of the methodological tools in the form of documented process that contains procedures, definitions and explanations of techniques used to collect, store, analyze and present information. It may be that qualitative methods, including the analysis of interviews, are appropriate. Alternatively the student’s approach may involve forecasting or statistical, financial or econometric modelling. In other cases the student may be combining methodologies as his/her research is basically the analysis of the principles of methods, rules, and postulates employed by a discipline. Basically, the student needs to specify the approach he/she feels will be most appropriate. Please list down "works cited" within the framework of an enumerative bibliography -- a list of references to key articles and texts. Verify each reference carefully; the references must correspond to the citations in the text. The list of references should start on a new page and be listed alphabetically by the last name of the author(s) and then by year, chronologically. Only the first author's name is inverted. List all authors' full Note: For Severn Business College Use Only 4|Page names and avoid using et al. The name of each author and the title of the citation should be exactly as it appears in the original work. Tables/Charts Make sure all tables and charts are referenced in the text. Give each table and chart a title and number consecutive with the order it is mentioned in the text. Notes for tables and charts are independent of Notes in the rest of the paper and should be ordered using lowercase letters, beginning with the letter a (including the Source note, which should be listed first). The sequence runs from left to right, top to bottom. The order of the notes as they appear below the tables or charts are (1) Source, (2) general notes to the table or chart, if any and (3) letter notes. Times scale/Research Planning Please follow the classroom progress on the assignment brief to exercises. Since each student is encouraged to develop his/her own timescale the effort at the Assessor/ Faculty level is to subject them to random periodical checks in the view of their submission deadline. Style Sheet Harvard Reference /APA/ Chicago Manual of Style/ MLA Handbook Formatting Use Microsoft Word and keep your formatting very simple. Double-spaced, semi-block or full-block lay-out Arial/Times Roman (Italicize or boldface wherever necessary) Biographical notes If possible, please explain your background and credentials as it relates to the work you are presenting on. This is not a request for your résumé. For specific questions on formatting, use the APA/ Chicago Manual of Style/ MLA Handbook as a guide for notes, citations, references, and table Additional Details presentation. Essential resources Indicative resource materials Textbooks BTEC Higher National Business Study Guide Elliot C and Quinn F – Tort Law (Longman, 2009) ISBN: 9781405899338 Horsey K and Rackley E – Tort Law (OUP Oxford, 2009) ISBN: 9780199216376 McKendrick, E – Contract Law: Text, Cases, & Materials: Text, Cases, and Materials (OUP Oxford, July 2008) ISBN: 9780199208012 Peel E and Treitel G H – Treitel on the Law of Contract (Sweet and Maxwell 2007) ISBN: 9780421948402 Journals Law Society Gazette (The Law Society) Note: For Severn Business College Use Only 5|Page New Law Journal (LexisNexis Butterworths) Websites o http://www.smallbusiness.wa.gov.au/four-essential-elements-of-a-contract/ o http://shivamlawworld.blogspot.co.uk/2012/02/essential-elements-of-validcontract.html o http://www.wisegeek.org/what-is-privity-of-contract.htm www.bailii.org/ British and Irish Legal Information Institute - access to freely available British and Irish public legal Information http://www.oft.gov.uk/ The Office of Fair Trading http://iclr.co.uk/ The Incorporated Council of Law Reporting for England and Wales http://www.tradingstandards.gov.uk/ Main site for trading standards and its business advice http://www.berr.gov.uk/whatwedo/consumers/ buying-selling/ucp/ Department for Business Innovation and Skills - Links and data on consumer protection www.hmso.gov.uk/acts/acts2001.htm Public Acts of the UK Parliament Checklist Your assignment must be handed in with a Filled Declaration Form (student declaration, assessor feedback and result form). Your work must be referenced and any quotations clearly sources. Assignment must be hand in with a Plagiarism Report. All Assessment Criteria must be answered and properly numbered. You must hand in your own work for assessment for all task (include group work tasks). You must include an Assignment Front Sheet (filled assignment front sheet and filled evidence page number). Note: For Severn Business College Use Only 6|Page Grade Descriptors Pass Grade A pass grade is achieved by meeting all the requirements defined in the assessment criteria for pass for each unit. Merit Grade In order to achieve a merit the learner must need to achieve the following criteria as well as meeting all the requirements of pass grade: Merit Descriptors In order to achieve a merit the learner must: Indicative Characteristics The learner’s evidence shows: M1 - identify and apply strategies to find appropriate solutions M1.1 - effective judgements have been made M1.2 - complex problems with more than one variable have been explored M1.3 - an effective approach to study and research has been applied To achieve M1: M2 - select/design and apply appropriate methods/techniques M2.1 - relevant theories and techniques have been applied M2.2 - a range of methods and techniques have been applied M2.3 - a range of sources of information has been used M2.4 - the selection of methods and techniques/sources has been justified M2.5 - the design of methods/techniques has been justified M2.6 - complex information/data has been synthesised and processed M2.7 - appropriate learning methods/techniques have been applied To achieve M2: 1 M3 - present and communicate appropriate findings M3.1 - the appropriate structure and approach has been used M3.2 - coherent, logical development of principles/concepts Note: For Severn Business College Use Only Contextualisation You will make effective judgements about fundamental concepts and principles in selected organisation. You will provide supporting and contrasting examples to explain a complex issue. You will also adopt an effective approach to study and research by integrating secondary and empirical examples in the report. In addition, you will use resources to support your arguments which are academically accredited, good quality, upto-date, relevant and appropriate to the level of this course of study. You will apply relevant theories of conducting academic research. You will also use range of sources of information including the internet, journals, books etc. You will also acknowledge all resources using correct Harvard Referencing System. To achieve M3: You will use appropriate academic report 7|Page for the intended audience M3.3 - a range of methods of presentation have been used and technical language has been accurately used M3.4 - communication has taken place in familiar and unfamiliar contexts M3.5 - the communication is appropriate for familiar and unfamiliar audiences and appropriate media have been used format to present the work neatly and professionally maintaining highest academic and professional standard. Make sure arguments/theories provided are appropriate to the audience. You will also use technical language accurately in the context and check the work for spelling errors. Distinction grade In order to achieve a distinction the learner must need to achieve the following criteria as well as meeting all the requirements of pass grade and merit grade: Distinction Descriptors In order to achieve a distinction the learner must: Indicative Characteristics The learner’s evidence shows: D1 - use critical reflection to evaluate own work and justify valid conclusions D1.1 - conclusions have been arrived at through synthesis of ideas and have been justified D1.2 - the validity of results has been evaluated using defined criteria D1.3 - self-criticism of approach has taken place D1.4 - realistic improvements have been proposed against defined characteristics for success To achieve D1: D2 - take responsibility for managing and organising activities D2.1 - autonomy/independence has been demonstrated D2.2 - substantial activities, projects or investigations have been planned, managed and organised D2.3 - activities have been managed D2.4 - the unforeseen has been accommodated D2.5 - the importance of interdependence has been recognised and achieved To achieve D2: D3 - Demonstrate convergent/lateral/creative thinking D3.1 - ideas have been generated and decisions taken D3.2 - self-evaluation has taken place D3.3 - convergent and lateral thinking have been appliedD3.4 - problems have been solved To achieve D3: Note: For Severn Business College Use Only Contextualisation You will provide conclusion for each assignment that would derive directly from your analysis. You should justify the conclusion you have reached. Provide recommendation for further research. You will have demonstrated an effective approach to independent research and study and will have met the deadline to submit the tasks and achieve the unit assessment criteria. The originally of your work will be evident. You will critically analyse information. In addition, you will write a self-evaluation showing your ability to reflect upon your learning by identifying strengths and areas 8|Page D3.5 - innovation and creative thought have been applied D3.6 - receptiveness to new ideas is evident D3.7 - effective thinking has taken place in unfamiliar contexts Note: For Severn Business College Use Only for improvement in relation to unit.