assignment brief aspects of contract and negligence for business

UK COLLEGE OFBUSINESS AND COMPUTINGModule Booklet

Course: EDEXCEL BTEC

Group: Ed excel HND Group

Module: Unit 5 – Aspects of Contract and Negligence for Business

Module type: Core

Module Code: Y/601/0563

Module Credit: 15

Teaching Period: (15+6weeks)

QCF Level: 4

Contact Hours: (15*3+6*3 = 63)

Lecturers: 15 weeks

Assignment support: 3 week

Feedback and assignment guidance:3 weeks

Lecturer: Mr. Daniel Oluwatayo

Start date: 28/05 /2014

Day: Wednesday

Time: 14.00 – 17.00

Room: WH

Term: May 2014 - Sept 2014

CONTENTS

1. INTRODUCTION, AIMS AND OBJECTIVES

1

2. MODULE OUTLINE AND TEACHING METHODS

3. READING AND COURSE PREPRATION

4. LECTURE WITH DETAILED COURSE PROGRAMME AND OBJECTIVES

5. ASSESSMENT DETAILS

INTRODUCTIONThe 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.

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.

Key Objectives:1. Explain the essential elements of a valid contract in a business context

2. Apply the elements of a contract in business situations

3. Explain the principles of liability in negligence in business activities

4. Apply the principles of liability in negligence in business situations

Learning Outcomes and assessment criteria:L01 Understand the essential elements of a valid contract in a business context:

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

LO2 Be able to apply the elements of a contract in business situations:

2.1 apply the elements of contract in given business scenarios

2.2 apply the law on terms in different contracts2

2.3 evaluate the effect of different terms in given contracts

LO3 Understand principles of liability in negligence in business activities:

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

LO4 Be able to apply principles of liability in negligence in business situations:

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.

Knowledge and understanding The learner needs to know and understand,

Definition of a contract

The essential elements of a valid contract

what is and not ‘a valid offer’ in law

the meaning of acceptance and its consequences

the meaning of consideration, the intention to create a legal relations, the doctrine of privity

types of contract

define the various contractual terms :condition; warranty; innominate term; express; implied; exclusion clauses and their validity

application of relevant principles and case law on business scenarios

contents of a standard form business contract, analysis of terms, the effect of terms

the differences between tort and contract

the elements of tort

the conditions necessary for an action in negligence to succeed – duty of care, breach of duty of care, damage – causation and remoteness

Liability - employers liability, the vicarious liability, health and safety issues

application of the relevant principles of negligence and regulatory and case law to business scenarios

defences for negligence

3

Unit Content: Understand the essential elements of a valid contract in a business Context Essential elements: offer and acceptance; intention to create legal relations;consideration; capacity; privity of contract;Types of contract: face to face; written; distance selling; impactTypes of terms: condition; warranty; innominate term; express; implied; exclusion clauses and their validity

Be able to apply the elements of a contract in business situationsElements: application of relevant principles and case law to business scenariosSpecific terms: contents of standard form business contracts; analysis of express terms, implied terms and exclusion clauses in a given contractEffect of terms: breach of condition, warranty and innominate terms; legality of exemption clauses; outline of remedies; damages

Understand principles of liability in negligencein business activitiesNegligence: differences to contract; duty of care; breach of duty; damage – causation and remoteness of damage; personal injuries; damage to property; economic loss; occupier liabilityLiability: employer’s liability; vicarious liability; health and safety issues

Be able to apply principles of liability in negligence in businesssituationsNegligence: 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

Programme SpecificationAccrediting Body: EDEXCEL

Course: BTEC HND IN BUSINESS

Unit 5: Aspects of Contract and Negligence for Business

Wk Lecture Schedule Outcome of session Activity/seminar and formative assessment

1 Introduction to Aspects of Contract and Negligence for

Business

Introduction to the module, awareness of awarding body, mode of assessment, and assessment criteria,

referencing

Ice breaking, getting to know each other

Listen and ask questions,

2 Essential elements of After completing this session the learner will be able to Reading, review of

4

contract Offer and acceptance

explain the essential elements of a contract and what is and not an offer

questions, group discussion, presentation. Case study, homework.

3 Offer and acceptance After completing this session the learner will be able to explain the meaning of acceptance, how is acceptance distinguished from other things , consequence of acceptance and how acceptance must be communicated to create an agreement

Listening, reading, review of questions, Case study, group discussion, presentation

4 Consideration Intention to create legal relations

PrivityCapacity

After completing this session the learner will be able to explain the meaning of consideration, and distinguish the presumption relating to the intention to create legal relations,

After completing this session the learner will be able to understandthe doctrine of privity and the main exceptions, the legal capacities of people and identify those people with limited power to enter into contractsReview task LO1.1

Listen, reading, review of questions,

Question and answer

5 Types of contracts and their impactFace to face, written, distance selling

After completing this session the learner will be able to identify various forms of contracts and their impact

Review of task LO1.2

Listen and ask questions, group discussion, case study

Question and answer

5 Type of termsExpress terms, Implied terms, Conditions, warranty and innominate terms, Exclusion clauses , legality of exemption clauses

After completing this session the learner will be able to distinguish terms and mere presentations, explain various contractual terms, and exclusion clauses and their validity


6 Application of Elements of a valid contract

After completing this session the learner will be able to apply the elements of the relevant principles and case law to business scenarios given in class.Review of task LO2.1


Question and answer

7 Analysis of express terms, implied terms, and exclusion clauses

After completing this session the learner will be able to review the contents of a standard form business contract, apply the law on various terms in the contract and explain the effect of various contractual terms.



Question and answer

8 Discharge of contractBreach of condition, warranty and innominate terms, Remedies, damages

After completing this session the learner will be able to understand different ways to discharge a contract, how a contract can be breached, and the effect of breach of condition, warranty and innominate terms, remedies for breach of contract andthe rules relating to the award of damages.


Question and answer, group discussion, case study

9 Tort Negligence How tort differs from

After completing this session the learner will be able to define tort and show how it is different from a contract, explain the three elements of tort, define negligence and

Reading and open Case study, question and answer5

a contract

Duty of care

explain the three conditions necessary for an action in negligence to succeed.Be able to explain the meaning of duty of care, recent developments in the duty of care, and the limitations to the duty of care.

Listen and ask questions

10 Breach of duty of careAfter completing this session the learner will be able to explain the circumstances in which breach of duty of care may occur

Reading listen and ask questions, homework

11 DamageCausation and Remoteness of Damage, Personal injuriesDamage to property, Economic lossOccupier liability

Review of task 3

After completing this session the learner will be able to distinguish between causation in fact and remoteness of damage

Review of task LO3.1, 3.2 and 3.3

Reading listen and ask questions, homework

12 Liability Employer’s liabilityVicarious liabilityHealth and safety issues

After completing this session the learner will be able to understand how a business can be vicariously liable. Explain the liability arising from failure to comply with health and safety at work

Reading, listening and asking questions, case study

13 Negligence Application of the legal principles

After completing this session the learner will be able to apply the relevant principles of negligence and relevant statutory and case law to business scenarios given in class and the defenses to an action of negligence

Case study, Group discussion group presentations, home work

14Vicarious liabilityAssessment

Review of task 4

After completing this session the learner will be able to apply the elements of vicarious liability in given business scenarios.

Review of task LO4.1, and 4.2

Case study, Group discussion group presentations, home work

15 Revision After completing this session the learner will be able to Work on assignment addressing LO1, LO2, LO3 and LO4

Group discussionQuestion and answer

16 Assignment support and guidance

Learners will be able to get assignment support and guidance

Practical group discussion, questions and answer


Learners will be able to getassignment support and guidance

Practical group discussion, questions and answer


Learners will be able to getassignment support and guidance

Discussion, questions and answer

19 Feedback and assessment

Learners will be able to getfeedback





Recommended text and linksLearners should use the latest edition if available.

Textbooks

6

Adams A , (2010), Law For Business Students, 6th edition, Pearson Education Ltd, ISBN9781408278802

Elliot C and Quinn F (2009), Tort Law, Longman, ISBN: 9781405899338

Horsey K and Rackley E (2009),Tort Law, OUP Oxford, ISBN: 9780199216376

Maclntyre E, (2011), Essentials of business law, 3rd Edition, Pearson Education Ltd ISBN 9781408278765

McKendrick, E,(2008),Contract Law: Text, Cases, & Materials: Text, Cases, andMaterials (OUP Oxford, ISBN: 9780199208012

Peel E and Treitel G H (2007),Treitel on the Law of Contract, Sweet and MaxwellISBN: 9780421948402

Riches S and Allen V (2011), Keenan and Riches’ Business Law, 10th Edition, Pearson Education Ltd, ISBN 9781408278839

Journals

Law Society Gazette (The Law Society)

New Law Journal (LexisNexis Butterworths)

Websites

http://www.e-lawresources.co.uk/ Providing resources for studying law

www.bailii.org/ British and Irish Legal InformationInstitute -

Access to freely availableBritish and Irish public legal information

http://www.oft.gov.uk/ The Office of Fair Trading

http://iclr.co.uk/ The Incorporated Council of LawReporting for England and Wales

http://www.tradingstandards.gov.uk/ Main site for trading standards andits business advice

http://www.bis.gov.uk/policies/consumer-issues Department for Business Innovationand Skills - Links and data on

consumer protection

http://www.bis.gov.uk/policies/consumer-issues/buying-and-selling Department for Business Innovationand Skills - Links and data on

consumer protection

7

http://www.bis.gov.uk/policies/consumer-issues/buying-and-selling

http://www.bis.gov.uk/policies/consumer-issues

http://www.tradingstandards.gov.uk/

http://iclr.co.uk/

http://www.oft.gov.uk/

http://www.bailii.org/

http://www.e-lawresources.co.uk/

www.hmso.gov.uk/acts/acts2001.htm Public Acts of the UK Parliament

Lecturer: Mr. Daniel Oluwatayo

Campus: WH

Contact details:[email protected]

Assessment:The module will be assessed meeting all the LO as specified by the awarding body, Edexcel.

Please read the instructions carefully while addressing the tasks specified.

Contribution: 100% of the module

Outline Details: Individual report approx 4500 words. Details enclosed in the assignment brief.

Teaching and Learning Activities

The module tutor(s) will aim to combine lectures with tutorial activities. This environment will provide opportunities for the student to understand the course material through case study and text and to apply it in a practical way. The intent is to facilitate interactive class activities, and discussion about the significant role of research in a global and local business environment.

2.3 Teaching Ethos

The college’s approach towards teaching and learning is simple and effective. The main aim of UKCBC is to assist learners in maximising their potential by ensuring that they are taught clearly and effectively. This will enable students to engage in the learning environment and promote success in both their academic studies and subsequent career.

2.3.1 Methods of Delivery:

LECTURES:

These will be developed around the key concepts as mentioned in the indicative course content and will use a range of live examples and cases from business practice to demonstrate the application of theoretical concepts. This method is primarily used to identify and explain key aspects of the subject so that learners can utilise their private study time more effectively.

SEMINARS:

8

http://www.hmso.gov.uk/acts/acts2001.htm

These are in addition to the lectures. The seminars are designed to give learners the opportunity to test their understanding of the material covered in the lectures and private study with the help of reference books. This methodology usually carries a set of questions identified in advance. Seminars are interactive sessions led by the learners. This method of study gives the learner an excellent opportunity to clarify any points of difficulty with the tutor and simultaneously develop their oral communication skills.

CASE STUDIES:

An important learning methodology is the extensive use of case studies. They enable learners to apply the concepts that they learn in their subjects. The learners have to study the case, analyse the facts presented and arrive at conclusions and recommendations. This assists in the assessment of the learner’s ability to apply to the real world the tools and techniques of analysis which they have learnt. The case study serves as a supplement to the theoretical knowledge imparted through the course work.

Plagiarism:

Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies’ regulations. In this context the definition and scope of plagiarism are presented below: Plagiarism is presenting someone’s work as your won. It includes copying information directly from the web or books without referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework form another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the college procedure. (For further details please refer to the plagiarism policy and the student code of conduct.)

ASSESSEMENT and ASSIGNMENT BRIEFUnit 5 : Aspects of Contract and Negligence for BusinessUNIT CODE: Y/601/0563Learning Hours: 63 Hours. Self-learning hours: 87 hours.Course: HND Business – Level 4 Credits: 15Term: Lecturer: Mr. Daniel Oluwatayo Verifier: Mrs Sunita Kotta

Learners NameRegistration NumberLearners Declaration: I certify that the work submitted for this unit is my own:Signed:Hand out Date: 28/05/2014Submission Date:The Following Sections to be completed by the assessor:Center Name: UKCBC

9

Center Number: Please note that the assessors signature below denotes conformation that he/she has in no way influenced the outcome of the assessment: Assessors Name:Assessors Signature:

Has the unit been Internally Verified? Y/NDate of verification:Internal verifiers signature:Internal verifiers assignment brief:

Due DatesIssue Date Deadline for JAN 2014

intake where E-learning will be blocked

Thursday 18th December 2014

Due Task- 1 10/07/2014Due Task- 2 06/08/2014Due Task- 3 28/08/2014Due Task – 4 17/09/2014

Unit 5: Aspects of Contract and Negligence for Business

Learning Outcomes

Outcome Evidence for the criteria to pass.

Feedback

Assessors decision

Internal verification.

TASK 1: Students are required to demonstrate their knowledge and understanding about essential elements of a valid contract, the impact of various forms of contract, and to analyse various terms. You are required to carry out a research by using supportive materials like Statutes, Decided Cases, books, journals, websites, etc., and give a feedback of the findings on P1.1, P1.2 and P1.3. Answers without application to an organization or appropriate examples will be referred.

P1.Understanding theessential elements of a validcontract in a businesscontext

P1.1 explain the importance of the essential elements required for the formation of a valid contract

P1.1(P,M,D)

P1.1(P,M,D)

P1.2- discuss the impact of different types contract

P1.2(P,M,D)

P1.2(P,M,D)

10

P1.3- analyse terms in contract with reference to their meaning and effect

P1.3(P,M,D)

P1.3(P,M,D)

Summarized Feedback for Task 1 (reflecting 1.1, 1.2 and 1.3, Pass merit and distinction.) IV comments towards Task 1

TASKS 2, Students are required to apply their skills and learning of essential elements and terms of a business contract to business scenario given in the assignment and a standard form contract from an organisation of their choice. You are required to apply the law with the materials like Statutes, Decided Cases, books, journals, websites, etc in your arguments. Students’ skills and learning will be assessed against the learning outcomes labelled as P2.1, P2.2 and P2.3. Answers without application to business scenarios given in the assignment, standard form contract from a specific organisationand/or appropriate examples based on decided cases will be referred. Please select two scenarios.

P2. Be able to apply the elements of a contract in business situations

P2.1- apply the elements of contract in a given business scenarios1, 2, and 3

P2.1(P,M,D)

P2.1(P,M,D)

P 2.2 apply the law on terms in different contracts using a contract of your choice.

P2.2(P,M,D)

P2.2(P,M,D)

P 2 .3 evaluate the effect of different terms in given contracts using business scenario 4

P2.3(P,M,D)

P2.3(P,M,D)

11

Summarized Feedback for Task 2 (reflecting 2.1, 2.2 and 2.3, Pass merit and distinction.) IV comments towards Task 2

Task 3Students are required to demonstrate knowledge and understanding of the principles of negligence in business activities and present their answer in form of an essay. You are required to carry out research using law materials like Statutes, Decided Cases, books, journals, websites, etc in your argument and give feedback to P3.1, P3.2 and P3.3.Answers without application to an organisation and appropriate examples from decided cases and statutes will referred.

P3.

Understand Principles of liability in negligence in business activities

P3.1 contrast liability in tort with contractual liability

P3.1(P,M,D)

P3.1(P,M,D)

P3.2 explain the nature of liability in negligence

P3.2(P,M,D)

P3.2(P,M,D)

P3.3 explain how a business can be vicariously liable

P3.3(P,M,D)

P3.3(P,M,D)

Summarized Feedback for Task 3 (reflecting 3.1, 3.2 and 3.3, Pass merit and distinction.)

12

IV comments towards Task 2

TASK 4Students are required to apply principles of liability in negligence in business situations and submit a report. Students need to apply the elements of the tort of negligence and defences and vicarious liability to the business scenarios given in the assignment. In their report students are required to answer P4.1 and P4.2. Answers without use of the business scenarios given in the assignment and appropriate examples from decided cases and statutes will be referred. Be able to apply principles of liability in negligence in businesssituations

P4.1 apply the elements of the tort of negligence and defences in different business situations using business scenarios 5 and 6

P4.1(P,M,D)

P4.1(P,M,D)

P 4.2 apply the elements of vicarious liability in given business situations using business scenarios 7 and 8.

P4.2(P,M,D)

P4.2(P,M,D)

Summarized Feedback for Task 4 (reflecting 4.1, and 4.2, Pass merit and distinction.) IV comments towards Task 4

Merit grades awarded

M1

M2

M3

P1 P2 P3 P4

Distinction grades awarded

D1

D2

D3 Resubmit :

Any other comments

13

Grade given by the tutor:

Pass Merit Distinction

Tutors Signature: Date:

IV Grading Check: Comments if any:

Agree

Disagree Modify grade to

IV signature:

Date:

Students feedback:

Student Signature: Date:

Plagiarism:Any act of plagiarism will be seriously dealt with according to the colleges and awarding bodies’ regulations. In this context the definition and scope of plagiarism are presented below: Plagiarism is presenting someone’s work as your won. It includes copying information directly from the web or books without referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework form another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt with according to the college procedure. (For further details please refer to the plagiarism policy and the student code of conduct.)

ASSIGNMENTUnit 5: Aspects of Contract and Negligence for Business QCF Level: 4 Credit value: 15

TASK 1: Students are required to demonstrate their knowledge and understanding about essential elements of a valid contract, the impact of various forms of contract, and to analyse various terms. You are required to carry out a research by using supportive materials like Statutes, Decided Cases, books, journals, websites, etc., and give a feedback of the findings on P1.1, P1.2 and P1.3. Your answer should be in essay form. Answers without application to an organization or appropriate examples will be referred.

Due date is 10/07/2014

P1 Understand the essential elements of a valid contract in a business context:

P1.1 explain the importance of the essential elements required for the formation of a valid contract

14

(Explanation should be supported with an example from business practices of daily life for each and every element)P1.2- discuss the impact of different types contract (Such as face to face, written, by conduct, distance selling etc. and its impact)P1.3- analyse terms in contract with reference to their meaning and effect(Content of the agreement, Express term, implied term and relative importance of contractual terms)

TASK 2


P2.1 Apply the elements of contract in given business scenarios .Students are required to apply their skills and learning of essential elements and terms of a business contract to business scenarios 1, 2 and 3 given below. You are required to apply the law with the materials like Statutes, Decided Cases, books, journals, websites, etc in your arguments. Answers without application to business scenarios given below and/or appropriate examples based on decided cases will be referred. Please select two scenarios.Due date is 06/08/2014

Business Scenario 1

Miss Kaur, a keen Fine Watches, Pens and Luxury Accessories collector, saw a notice for an auction of Montblanc, Catherine the Great, Limited Edition Patron of the Art's Series fountain pen in the July edition of Antiques News. She travelled 264 kilometres from London to attend the auction in Manchester in order to bid for a particularly Limited Edition Patron of the Art's Series fountain pen which was specifically mentioned in the lists of items to be auctioned.

The auction was to last two days. However, on the second day the lot for luxury pens was cancelled. Miss Kaur went into a nearby antique shop and saw a similar type of fountain pen she had come to bid for. The price ticket stated that it was £1,050, but Kaur said she was only willing to pay £800 for it. The shop assistant, Harry said he would sell it for £950 and Miss Kaur said she would like time to think about it over lunch, Harry agreed not to sell it before Kaur returned.

After Lunch Miss Kaur came back to buy the fountain pen, she found that Harry had already sold it to another customer, who had paid £1000 for the fountain pen.In the context of contract law, advise Miss Kaur whether she can take action against the auctioneer for the expense of her travel to the auction and Harry for not selling the fountain pen to her.

Business Scenario 2

In September 2011 Charles bought a grade 1 listed building which was in a dilapidated state from an auction with the intention of converting it into a guest house. The building is located in a busy tourist area and the busy tourist season begins in April and ends in October. Charles entered into a contract with Murphy in October 2011 to do all the necessary renovations for a fixed price of £50,000. Murphy received initial payments of 20,000 and agreed to have the work completed

15

on 1 March 2012, as the guest house had to be ready for its opening on 1 April.

At the end of January, Murphy wrote to Charles that he would not complete the renovation in time unless he agreed to increase his payment by a further £10,000. After a bitter argument Charles reluctantly agreed to pay the increased sum in order to ensure that the job was done on time.

After completing the work on time Charles refused to make the additional payments to Murphy outside the original contractual price.

You are required to advise Murphy whether he has any rights in law to enforce Charles’s promise to pay the extra £10,000.

Business scenario 3

In January 2009, Mia started a business as a self employed builder.

To give him a start in his career, his brother Hakim, who ran a retail estate agency business, said he would give him £2,000 if he repairs the bathroom and a roof in one his properties. At the same time, his friend Jane asked him to do work for her business for a fixed price of £1,000.

However, after completing the two projects Hakim and Jane have failed to pay for the work they had commissioned.

Hakim said he would not pay anything as he had only offered the work to help his brother out to gain more experience. Jane said she would not pay anything either, on the basis that she had only given her work to do on the basis of their friendship to help him gain more experience.

You are required to advise Mia whether he can demand Hakim and Jane to pay the full amounts of their initial promises.

P2.2 Apply the law on terms in different contracts

Students are required to review contents of a standard form contract from an organisation of their choice and apply express terms, implied terms and the legality of the exclusion clauses. Your answer need to be supported with relevant statutes and case laws.You need to select three to five sections as supporting evidence. Answers without application to standard form contract of a specificorganisation and appropriate examples based on decided cases and statutes will be marked as fail.

P2.3 Evaluate the effect of different terms in given contracts using business scenario 4given below

Business scenario 4In March X engaged Miss Y for 3 years as his research assistant at a salary of £25000 under a written agreement which included the following clauses:

‘6- The research assistant will dress smartly at all times. It is understood that trousers are not an acceptable form of dress under any circumstances. 7- The research assistant will work whatever hours are necessary to complete the assignments given to her.’

16

On 1st June X asked Y to produce certain statistics for a meeting with an important client at 9 am on 2nd June. In spite of staying in the office until midnight, Y was not able to complete the statistics on 1st June. She returned to the office at 7 am on 2nd June but had still not quite finished the work when X arrived at 8:30. X was angry. He then noticed that Y was wearing trousers and told her, in front of several colleagues, that her contract was terminated. Y was extremely upset and humiliated. She is now receiving medical treatment for depression.

TASK 3

Students are required to demonstrate knowledge and understanding of the principles of negligence in business activities and present their answer in form of an essay. You are required to carry out research using law materials like Statutes, Decided Cases, books, journals, websites, etc in your argument and give feedback to P3.1, P3.2 and P3.3. Answers without application to an organisation and appropriate examples from decided cases and statutes will be marked as fail. Due date is 28/08/2014

P3. Understanding the principles of liability in negligence in business activities

P3.1 Contrast liability in tort with contractual liability

P3.2 Explain the nature of liability in negligence

P3.3 Explain how a business can be vicariously liable

TASK 4:

Students are required to apply principles of liability of negligence to business situations based on the four business scenarios given below and submit a report. In their report students are required to answer P4.1 and P4.2. Answers without application to the business scenarios or appropriate use of examples from decided cases and statutes will be referred.Due date is 17/09/2014

P4. Be able to apply principles of liability in negligence in business situations

P4.1 Apply the elements of the tort of negligence and defences in different business situations using the scenarios 5 and 6 given below.

Business Scenario 5A UK ship was taking on oil in Sydney harbour. Oil was spilled onto the water and it drifted to a wharf 200 yards away where welding equipment was in use. The owner of the wharf carried on working because he was advised that sparks were unlikely to set fire to furnace oil. Safety precautions were taken. A spark fell onto a piece of cotton waste floating in the oil, thereby starting a fire which damaged the wharf. Advise the owners of the wharf if they can sue the chatterers of the ship.

Business Scenario 6

17

Bell was employed by Shell on vehicle maintenance. Bell had already lost the sight of one eye. It was not a normal practice to issue protective goggles since the risk of eye injury was small. A chip of metal flew into Bell’s good eye and blinded him.

P4.2 Apply the elements of vicarious liability in given business situations given in the business scenarios 7 and 8 below.

Business scenario 7

Alf is employed by Safe Care Homes ltd a company which runs care homes for vulnerable children in London. Alf is a warden of a care home and has been accused of sexually abusing boys under his care. The parents and guardian of the children are angry andare suing Safe Care Homes ltd for being vicariously liable as Alf is an employee of the company. You have been contacted by Safe Care Homes ltd for advice as to whether the company may be vicariously liable for the torts of Alf.

Business scenario 8

Amos Bridge is a pump attendant employed by AB and Sons garage ltd. While on duty on Friday he challenged a customer Mr Alex Khan believing that he wanted to drive off without paying for the diesel. After a heated argument Mr Khan accused Mr Bridge of disrespect and threatened to report him to his manager. In response the attendant hit him on the chin. Mr Khan has taken the case to court suing both the employee and his employer.

You have been approached by the manager for AB and Sons Garage ltd for advice as to whether the company is vicariously liable for the torts of Mr Bridge.

Assignment Guidelines: Use a standard report structure, Word-process the report and use Normal script of a

proper font size 12. Produce an academic report, detailing the above issues with a word limit of 4000 to

4500 words. Complete the title page and sign the statement of authenticity. The Assignment sheet should be attached in the front. Submit the document in a folder in the form of a file as well as a soft copy on the

submission date. It should be uploaded on E-Learning platform before the deadline and submitted to

-------- and sign the submission form of the college. Assignments submitted after the deadline will not be accepted unless mitigating and

may be entitled for a late fee. Collusion and Plagiarism must be avoided. Start each answer on a new page and pages should be numbered. Highlight each

question clearly. Include a Bibliography at the end of the assignment and use the Harvard referencing

system. All work should be comprehensively referenced and all sources must be fully

acknowledged, such as books and journals, websites (include the date of visit), etc. Try to give the page numbers, publishers' details and the year of publication In order to pass you need to address all the LO

18

In order to get a merit you need to address the characteristics of Pass and then M1, M2,M3

In order to get a Distinction you need to address the characteristics of Pass, Merit and then D1, D2 and D3. Use a common format for the questions, for example:

Introduction (analyze the question.) Underpinning Knowledge (write about the relevant theory/points) Applied knowledge(Data Analysis) Conclusions and Recommendations (summarizing the whole scenario keeping in view

pass, merit, distinction criteria.) Student feedback form with the Assessment Grid indicating their pass, merit and distinction:Name: Registration Number:

Unit: 5: Aspects of Contract and Negligence for Business

Outcomes/criteria: Indicative characteristics Possible evidence

Feedback

. Understand the essential elements of a valid contract in a business context


P3 Understanding the principles of liability in negligence in business activities

P4. Be able to apply principles of liability in negligence in business situations

As per the assessment criteria specified for pass

Do

Do

Do

Task 1

Task 2

Task 3

Task 4

Merit Description:

M. Identify and apply strategies to find appropriate solutions.

. Relevant theories and techniques have been applied.

. Effective judgments have been made.

19

. Complex problems with more than one variable have been explored.

. An effective approach to study and research has been used.

M2. Select/ design and apply appropriate methods/ techniques.

. A range of methods and techniques has been applied.

. A range of sources of information used.

. The selection of methods and techniques justified.

. Complex information/data have been synthesized and processed.

.Appropriate learning methods/ techniques applied.

M3. Present and communicate appropriate findings.

. Appropriate structure and approach has been used.

. Logical and coherent arguments have been presented

. Technical language accurately used.

. A range of methods of presentation has been used.

. Familiar and unfamiliar contexts have been used.

. It is appropriate for familiar and unfamiliar audiences.

Distinction Description:

D1. Use critical reflection to evaluate own work and justify valid conclusion.

. Synthesis has been used to generate and justify valid conclusions

. The validity of results has been judged. Self-criticism of approach has taken place.. Evaluation has taken place using defined criteria

20

. Realistic improvements have been proposed against defined characteristics for success.

D2. Take responsibility for managing and organizing activities.

Autonomy/independence demonstrated

Substantial activities/projects or investigations have been planned, managed and organized.

The unforeseen has been accommodated.

The importance of interdependence has been recognized.

D3. Demonstrate convergent, lateral and creative thinking

Ideas generate and decisions taken

Convergent and lateral thinking have been applied

Capacity for innovation and creative thought has been used.

Receptiveness to new ideas has demonstrated.

Unfamiliar contexts have been applied.

21