Aspects of Contract & Negligence for Business

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Unit 5: Aspects of Contract & Negligence for Business | By Abdul Mir: FCS#307035 | Mark & Jodie Jones | Contents Task 1: Formation of a Contract 3 Offer & Acceptance 3 Acceptance 3 Modes of acceptance & E-Contracts 4 Consideration 4 Intention to Create Legal Relation 5 Capacity to contract 5 Blue Chip v Evershed 5 Task 2: Exclusion & Limitation Clauses 6 Contractual Terms 7 Conditions 7 Warranties 7 Innominate Terms 7 Advantages&Disadvantages of Using a Standard Form 7 Advantages 7 Disadvantages 8 Task 3: Differences Between Contractual & Tortious Law 8 Tortious liability 9 Contractual Liability 9 Expectation Interest 9 Reliance Interest 10 Occupiers Liability…show more content…
In cases of unilateral offers the acceptance is performing the action specified by the offer and this need not be communicated to the offeror. An offeror is permitted to state how the acceptance must be communicated. If the terms of the offer state that an acceptance must be in a particular format, then any difference is likely to make the acceptance invalid. But, it is possible that if the terms do not require the mode of acceptance in a mandatory way, then any form of acceptance will be valid as long as it is not more disadvantageous to the offeror for example if the offeror says acceptances by email or phone, but the offeree faxes and the offeror has no fax machine to receive the fax. The general rule doesn 't apply when the reason for the lack of communication is the offeror 's fault (Entores v Miles Far East Corporation). The Postal Rule: Acceptances mailed by post do not follow the general rule that an acceptance is only valid when it is communicated to the offeror. An acceptance is valid at the moment when it is put into the post box by the offeree in order to send it to the offeror (Adams v Lindsell). (Source: http:/www.claim-advice.com/acceptance.html & Business Essentials Business Law Course book) E-Contracts: -contract is any kind of contract formed in the course of e-commerce by the interaction of two or more parties using electronic means, such as e-mail, Fax messages and use of
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