Aspec of Contract

Learning outcomes and criteria covered by this assignment: ? ? ? All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio submission date for TASK 1 & 2: Assignment/Portfolio submission date for TASK 3 & 4: Assignment/Portfolio returns date to learners (if applicable): 13 May 2013 19 June 2013 31 July 2013 10 September 2013 Page 1 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 -BLANK PAGE- Page 2 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013.

Introduction 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. 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. Edexcel Grading Criteria This assignment/portfolio will be assessed according to the following grading criteria: ? ? To attain a ? PASS‘ grade, learners need to achieve all the ? PASS‘ criteria. To attain a ? MERIT‘ grade, learners need to achieve all the ? MERIT‘ criteria, along with all the PASS criteria.

To attain a ? DISTINCTION‘ grade, learners need to achieve all the DISTINCTION criteria, along with all the MERIT and PASS criteria. ? PASS Criteria LO 1 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 (P1) 1. 2 discuss the impact of different types of contract (P2) 1. 3 analyse terms in contracts with reference to their meaning and effect (P3) LO 2 Be able to apply the elements of a contract in business situations 2.

1 apply the elements of contract in given business scenarios (P4) 2. 2 apply the law on terms in different contracts (P5) 2. 3 evaluate the effect of different terms in given contracts (P6) LO 3 Understand principles of liability in negligence in business activities 3. 1 contrast liability in tort with contractual liability (P7) 3. 2 explain the nature of liability in negligence (P8) 3. 3 explain how a business can be vicariously liable (P9) Page 3 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013.

LO 4 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 (P10) 4. 2 apply the elements of vicarious liability in given business situations. (P14) Merit and Distinction descriptors: The grade descriptors provide a framework for the creation of grading criteria to be written and set within the context of the assignment. The grade descriptors describe the expected qualities of the learner‘s work at Merit and distinction levels.

The merit and distinction levels have three descriptors. MERIT Criteria: M1- Identify and apply strategies to find appropriate solutions. M2 – Select /Design and apply appropriate methods / techniques M3 – Present and communicate appropriate findings DISTINCTION Criteria: D1. Use Critical reflection to evaluate own work and justify valid conclusions D2 Take responsibility for managing and organizing activities D3 Demonstrate convergent /lateral/creative thinking This assignment brief contains of the following tasks: ? ? ?

? SCENARIO You have recently been appointed as a legal consultant for TAM‘s college, which is an Educational Institution based in the UK. The management of TAM‘s has an ambition to make the school one of the best educational institutions in the UK for the delivery of vocational qualifications. In view of this, they are required to deal with many legal issues and contracts. As part of your role, you are expected to sanction the management and partners to deal with legal issues, including contracts. Use task 1 to explain some of the basic concepts or issues they need to know, order to form a valid contract.

Task 1 Task 2 Task 3 Task 4 Page 4 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 A. Scenario for Task 2 Again, your client (TAM‘s College) is entering into a contract with a Marketing firm called ? New Age Marketing specialists? (NAMS). TAM‘s College read about the marketing firm in the Metro Newspaper, and decided to enter into contract with them. According to the NAMS advert, colleges can have one month of intensive advertising for just ? 6000. The deal consists of advertising in Newspapers, TV and on leaflets.

Also, NAMS will take only an initial deposit of ? 2500 to commence the advertising with the remaining ? 3500 to be paid at the end of the month. However, if NAMS became unable to deliver on its assurances, it would return the initial deposit of ? 2500 plus pay ? 1500 in compensation. Subsequently, TAM‘s College has agreed to take the one month advertising package, as mentioned above, from NAMS. TAM‘s College was very happy with NAM‘s services during the initial two weeks, however, on the third week NAMS suspended its services due to financial issues.

NAMS contacted TAM‘s College to apologise for the brief suspension of its marketing activities and asked them to permit them to continue their agreement after that week. The management of TAM‘s College refused to accept the apology and decided to take a legal action against them in line with the initial terms. (Use the above to answer task 2) B. Scenario for Task 3 & 4 You have advised TAM‘s College to enforce the wearing of protective clothing for the school‘s nonteaching staff, for example, security guards and labourers, in order to avoid future accidents and its associated legal ramifications that could affect both the College and the individuals.

However, some of the senior supervisors have overlooked your warning. Even though, it is in the company‘s policy that a member of staff who refuses to wear the right protective clothing will not be compensated if they suffer any accident. One of the security guards was on duty but refused to wear the right uniform, yet his night supervisor asked him to go on a patrol in the school‘s compound few weeks ago. While, the security guard was on a patrol, a refuse loader knocked him down, becuase the driver of the loader could not see him in the darkness (in the car park).

The security guard is now not capable of working due to the accident and your clients are not willing to compensate him. As a consequence, his family taking legal action against your client. Use task 3 and 4 to explain to your client (TAM‘s College) on how to deal with the matter. Page 5 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 Task 1 (Covered assessment criteria P1, P2, P3, M1 & D1) 1. 1 Explain the importance of the essential elements required for the formation of a valid contract. (P1) 1. 2 Discuss the impact of different types of contract.

(P2) 1. 3 Analyse terms in contracts with reference to their meaning and effect. (P3) 1. 4 Identify four instances where you may need to apply essential elements of contract to address work base problems. (M1) 1. 5 Critically reflect on the impact a contract type can have on parties involve in a contract from your position as a legal consultant. (D1) Task 2 (Covered assessment criteria P4, P5, P6 & M2) 2. 1 Apply the elements of contract in given business scenarios. (P4) 2. 2 Apply the law on terms in different contracts. (P5).

2. 3 Evaluate the effect of different terms in given contracts. (P6) 2. 4 Advice your client (TAM College) how the elements of contract can be applied properly in future (M2) Task 3 (Covered assessment criteria P7, P8, P9 & D3) 3. 1 contrast liability in tort with contractual liability. (P7) 3. 2 explain the nature of liability in negligence. (P8) 3. 3 explain how a business can be vicariously liable. (P9) 3. 4 Demonstrate how a business can avoid being vicariously liable. (D3) Task 4 (Covered assessment criteria P10, P11, M3 & D2) 4. 1 Apply the elements of the tort of negligence and defenses in different business situations.

(P10) 4. 2 Apply the elements of vicarious liability in given business situations. (P11) 4. 3 Discuss three methods you can use to apply elements of tort properly in a work place. (M3) 4. 4 Demonstrate how a firm can be responsible for various liabilities. (D2) Page 6 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 Submission procedures ? Learners must submit a hard copy of their assignments to the appropriate campus office no later than 5PM on the submission date with a suitable binding in addition to the softcopy and a Turnitin report.

Learners must submit their softcopy of the assignment (including PowerPoint presentation slides, speaker notes, etc if applicable) to Academic department of their campus. ? Maximum 20% plagiarism or similarity will be allowed based on Turnitin report. Before submission, learners must make sure that they have signed on the authentication statement inside the submission coversheet to acknowledge themselves as the original authors of the submitted assignments. After submission, learners must get receipts of submission from the campus office for evidence.

? Without a valid reason (such as serious illness, getting sick or death of close relative), no late submission will be tolerated by the college. To extend the submission deadline date or the acceptance of late submissions, learners must contact college/campus office and submit evidence such as medical certificate/note and any appropriate document for approval. ? Please note that tutors/lecturers do not have the authority to alter or extend assignment deadline or receive assignment directly from learners.

After submission, learners will get feedback from the assessors/markers within two to three weeks with grades of PASS, MERIT, DISTINCTION, REFER or FAIL. Normally it would take three weeks from the submission date to receive grades. If any learner gets a REFER grade, his/her coursework will be returned with contractive feedback from the tutor/assessor. After that, the learner will get two weeks extra time to resubmit the coursework. ? Work must be delivered in hard copy and soft copy to the college/campus office and for your own security, it is important for the learners to keep both copies.

All assignments should be properly referenced using the Harvard Referencing System. Assignment Notes Learners are requested to comply with the following instructions on handing in their assignment work: ? Learner must put their name, ID, unit name and page number as footer (e. g. Aron Jackson/RM1234567/Business Environment……………………………………….. 1/page) ? Work should be comprehensively referenced Page 7 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 ?

Sources must be acknowledged fully by reference books, journals used and URL visited along with dates of visitation. ? ? Use the Harvard Referencing System (see attached details) All work should be word-processed, font size of 12 and font style of Times New Roman or Arial. Subtitles of the assignment should be in the font size of 14 ? ? ? ? ? Pages should be numbered in bottom right hand corner Spell check the document and read thoroughly for grammatical errors 1. 5-line spacing is preferable Reference at the end of the assignment All paragraphs containing text should be aligned in justified mode.

Plagiarism and collusion ? Any act of plagiarism and collusion will be seriously dealt with according to the EIC regulations. In this context the definition and scope of plagiarism are presented below: ? ?Using the work of others without acknowledging the source of information or inspiration. Even if the words are changed or sentences are put in a different order, the result is still plagiarism? (Cortell 2003). ? Collusion is described as the submission of work produced as a result of the collaboration between two or more parties.

Additionally, collaboration entails the sharing of one person‘s work with others who submit either all or part of their coursework ? as their own?. Support materials Case Study Reference This case study describes a learning and assessment activity that: ? Promotes the development of reciprocity and co-operation among students (Chickering & Gamson, 1987). Fosters community centredness (Bransfordet al. , 1999), as learners role play together to achieve a goal. ? Page 8 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 ?

Is both active and interactive, and both independent and collaborative (Mentkowski & associates, 2000). Promotes independence, control and active engagement (Ramsden, 1992; Chickering & Gamson, 1987) Is situated and transferable (Mentkowski & associates 2000); it requires students to apply their understanding of contract law to practice. Allows individual development through informal peer feedback; it is developmental and individual, transitional and transformative (Mentkowski & associates 2000). Allows us, within the faculty, to learn from our students (Ramsden, 1992). ? ? ? ?

Textbooks Atiyah P S — Introduction to the Law of Contract (Clarendon Press, June 1995) ISBN: 0198259530 Beale/Bishop and Furmston — Contract — Cases and Materials (Butterworth, October 2001) ISBN: 040692404X Cheshire/Fifoot and Furmston — Law of Contract (Butterworth, October 2001) ISBN: 0406930589 Cooke J — Law of Tort (Prentice Hall, May 1997) ISBN: 0273627104 B014393 – Guidance and units – Edexcel Level 4 BTEC Higher Nationals in Business Elliott and Quinn — Contract Law (Longman, December 2002) ISBN: 0582473306 Elliot and Quinn — Tort Law (Longman, July 1997) ISBN: 058243811X Harvey and Marston — Cases and Commentary on TORT (Prentice Hall, 2000) ISBN: 0582423511 NB: Will be republished 2004 (5th Edition ISBN: 0406971382)

Hodgson J and Lewthwaite J — Law of Torts (Blackstone, October 2001) ISBN: 1841742759 Jones M — Textbook on Torts (Oxford University, August 2002) ISBN: 0199255334 Pannett A — Law of Torts (Prentice Hall, March 1997) ISBN: 0712110704 Treitel G — Law of Contract (Sweet & Maxwell, June 2003) ISBN: 042178850X Young M — Cases and Commentary in Contract Law (Prentice Hall, June 1997) ISBN: 0273625705 Journals Law Society Gazette New Law Journal Page 9 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 Harvard Referencing System We expect students to use the alphabetical or name-date method known as the HARVARD system. There are two parts in this system: 1. Citation within text or body of the report: In this the author’s surname and year of publication are cited in the text, e. g. (Bond, 2004). 2.

Reference List: A reference list (of these citations) is included at the end of the assignment, in alphabetical order by author. The reference list also includes additional details such as the title and publisher. A bibliography lists relevant items that you have used in the preparation of the assignment but not cited in your text. A bibliography should also be in the Harvard style and the inclusion of such a list shows that you have read widely beyond the items you have cited. Examples of citation within text or body of the report: 1. Cormack (1994, p. 32-33) states that……………. 2. ………… This view has been supported in the work of Cormack (1994, p. 32-33). 3. Jones (1946) and Smith (1948) have both shown…… 4.

Corporate Author: 1st citation: Royal College of Nursing (RCN), 2007 2nd citation: RCN, 2007 Examples of listings in reference list: 1. Books with one author: Redman, P. , 2006. Good essay writing: a social sciences guide. 3rd ed. London: Open University in assoc. with Sage. 2. Books with two, three or four authors The required elements for a reference are: Authors, Initials. , Year. Title of book. Edition. Place: Publisher Kirk, J. & Munday, R. J. , 1988. Narrative analysis. 3rd ed. Bloomington: Indiana University Press. 3. Books with more than four authors For books where there are more than four authors, use the first author only with surname and initials followed by ? et al?. Page 10 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013.

The required elements for a reference are: Author, Initials. , Year. Title of book. Edition. (only include this if not the first edition) Place: Publisher ? 4. Grace, B. et al. , 1988. A history of the world. Princeton, NJ: Princeton University Press. E-books For e-books the required elements for a reference are : Author, Year, title of book. [type of medium] Place of publication: Publisher ? Fishman, R. , 2005. The rise and fall of suburbia. [e-book]. Chester: Castle Press. If available at website: ? Fishman, R. , 2005. The rise and fall of suburbia. [e-book]. Chester: Castle Press. Available at: libweb. anglia. ac. uk / E-books [accessed 5 June 2005]. 5.

Journal articles Author, Initials. , Year. Title of article. Full Title of Journal, Volume number (Issue/Part number), Page numbers. Perry, C. , 2001. What health care assistants know about clean hands. Nursing Times, 97(22), p. 63-64. 6. Newspaper articles Author, Initials. , Year. Title of article. Full Title of Newspaper Day and month before page numbers of article. Slapper, G. , 2005. Corporate manslaughter: new issues for lawyers. The Times, 3 Sep. p. 4-5. 7. Journal articles from an electronic source Boughton, J. M. , 2002.

The Bretton Woods proposal: an indepth look. Political Science Quarterly, [online]. 42 (6), Available at: http://www. pol.upenn/articles (Blackwell Science Synergy) [accessed 12 June 2005]. 8. Internet National electronic Library for Health. 2003. Can walking make you slimmer and healthier? (Hitting the headlines article) [Online]. (Updated 16 Jan 2005) Available at: http://www. nhs. uk. hth. walking [accessed 10 April 2005]. The title of a web page is normally the main heading on the page. 9. E-version of annual reports Marks & Spencer, 2004. Annual report 2003-2004. [Online]. Available at: http://www-marks-andspencer. co. uk/corporate/annual2003/ [accessed 4 June 2005]. Page 11 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013.