Regent college btec hnd - unit 7: business...

Unit Number: 5

Unit Title: Aspects of Contract and Negligence for Business

REGENT COLLEGE

BTEC Higher National Diploma in Business

Assignment Brief


Unit 5: Aspects of Contract and Negligence for Business Regent College

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Unit 5: Aspects of Contract and Negligence for Business

Assignment Cover Sheet

Assignment No:

.............................................

I hereby confirm that this assignment is my own work. I have identified and acknowledged

all sources used in this assignment and have referenced according to the Harvard referencing

system. I have read and understood the Plagiarism and Collusion section provided with the

assignment brief and understood the consequences of plagiarising.

Name: ...............................................................................................................

Registration No: .............................................

Signature:

.............................................

Date: .............................................

(Your work will not be accepted without a signed copy of this authentication.)



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Learning Outcomes and Criteria covered by this Assignment

Summary of learning outcomes

To achieve this unit a learner must:

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

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

3. Understand principles of liability in negligence in business activities

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

Outcomes To achieve each outcome a learner must demonstrate

the ability to:

1 Understand the essential

elements of a valid

contract in a business

context (LO 1)

LO 1.1 explain the importance of the essential elements required for

the formation of a valid contract

LO 1.2 discuss the impact of different types of contract

LO 1.3 analyse terms in contracts with reference to their meaning

and effect

2 Be able to apply the

elements of a contract in

business situations (LO 2)

LO 2.1 apply the elements of contract in given business scenarios

LO 2.2 apply the law on terms in different contracts

LO 2.3 evaluate the effect of different terms in given contracts

3 Understand principles of

liability in negligence in

business activities (LO 3)

LO 3.1 contrast liability in tort with contractual liability

LO 3.2 explain the nature of liability in negligence

LO 3.3 explain how a business can be vicariously liable

4 Be able to apply

principles of liability in

negligence in business

situations (LO 4)

LO 4.1 apply the elements of the tort of negligence and defences in

different business situations

LO 4.2 apply the elements of vicarious liability in given business

situations.



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Programme: BTEC Higher National Diploma in Business

Unit Number: 5


Module Tutor: Abu Bakarr Timbo | Raju Saginala | Victor Omiyinmi | Robson

Chihota

Email: [email protected];

[email protected]; [email protected];

Assignment Number: 1. Provide Legal Advice

Distribution Date: 16/10/2013

Submission Date: 15/11/2014

Assessment Format: You are a legal adviser and visited by clients who require advice on

different aspects of Law. They have presented you with a summary of

the case. With reference to different aspects of Law, write a letter to

each client providing sound advice. Your letter should comply with the

word count of 1000 with +/- 10% margin. You may use tables and

diagrams to support your report to illustrate the text. Word count

excludes the index, headings, information contained in tables,

references and bibliography. For academic purpose you must use

theories and include a bibliography.

1. Bob goes into Sam’s bookshop and sees a book which he wants to buy on display. He

takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his

only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is

Sam entitled to refuse to sell Bob the book? Taking this scenario in to consideration explain

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

Discuss the impact of different types of contract and analyse terms in contracts with reference

to their meaning and effect (LO 1.1, 1.2, 1.3)

2. Barry goes into a park which is managed by his local council. He sees a notice which

states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a

chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the

attendant points to a clause on the ticket which states, “No liability is accepted for any

damage or injury caused by the failure of any hired equipment.” Are the council entitled to

Assessment Type: Individual



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rely on the clause? Taking this scenario in to consideration, apply the elements of contract in

given business scenarios, apply the law on terms in different contracts and evaluate the effect

of different terms in given contracts (LO 2.1, 2.2, 2.3)

3. Adam advertises a reward of £1000 for the first person to paddle across the English

Channel in a bath from Dover to Calais. Brian sees the advertisement in the news paper,

purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel,

Adam places another advertisement in the same news paper announcing that the reward is

being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and

duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled

to claim the reward? Taking this scenario in to consideration, contrast liability in tort with

contractual liability, explain the nature of liability in negligence and explain how a business

can be vicariously liable (LO 3.1, 3.2, 3.3)



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Unit Number: 5


Module Tutor: Abu Bakarr Timbo | Raju Saginala | Victor Omiyinmi | Robson

Chihota

Email: [email protected];

[email protected]; [email protected];

Assignment Number: 2. Evaluation task

Distribution Date: 16/10/2013

Submission Date: 31/01/2014

Assessment Format: Evaluating below scenario(s) should comply with the word count of

1000 with +/- 10% margin. You may use tables and diagrams to

support your report to illustrate the text. Word count excludes the

index, headings, information contained in tables, references and

bibliography.

One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later

that night, Mark is in his room when a masked man enters and threatens to hurt him unless he

hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be

Neil, the hotel gardener, who had stolen a master key to the hotel room.

Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin

rash he has developed as a result of long periods of washing up. Although rubber gloves are

available, most employees do not use them. Colin, the head chef, is getting fed up with Roger

and in his anger, knocks Roger unconscious with a frying pan.

Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign

on the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during

these hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He

Assessment Type: Individual



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cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly

injured and tears his expensive designer swimming trunks.

Task: Evaluate the accuracy of each of the seven statements A, B, C, D, E, F and G

individually as they apply to the facts in the above scenario. Apply the elements of the tort of

negligence and defences and apply the elements of vicarious liability in these situations. (LO

4.1, 4.2)

Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to

provide a safe working environment.

Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.

Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act

1957.

Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act

1984 because of its warning notice.

Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.

Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost

of his designer swimming trunks.

Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the

loss of his jewellery.



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Assessment Criteria:

P1-P11 Pass Criteria

M1-M3 Merit Criteria

D1-D3 Distinction Criteria

To Achieve a Pass

To gain a pass grade you must attempt to answer all three scenarios and you must satisfy the

pass criteria as outlined below.

LO 1.1 explain the importance of the essential elements required for the formation of a valid

contract (P1)

LO 1.2 discuss the impact of different types of contract (P2)

LO 1.3 analyse terms in contracts with reference to their meaning and effect (P3)

LO 2.1 apply the elements of contract in given business scenarios (P4)

LO 2.2 apply the law on terms in different contracts (P5)

LO 2.3 evaluate the effect of different terms in given contracts (P6)

LO 3.1 contrast liability in tort with contractual liability (P7)

LO 3.2 explain the nature of liability in negligence (P8)

LO 3.3 explain how a business can be vicariously liable (P9)

LO 4.1 apply the elements of the tort of negligence and defences in different business

situations (P10)

LO 4.2 apply the elements of vicarious liability in given business situations. (P11)



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To Achieve a Merit

To gain a merit grade you must achieve all the pass criteria and in addition you must satisfy

the criteria as outlined below.

Identify and apply strategies to find appropriate solutions through effective judgement (M1)

Select/design and apply appropriate methods/techniques. You are judged on the application

of relevant theories and techniques and the justification for their application (M2)

Present and communicate appropriate findings. This includes the use the appropriate structure

and approach with coherent, logical development of principles/concepts for the intended

audience (M3)

To Achieve a Distinction

To gain a Distinction grade you must achieve all the pass criteria and all the merit mark

criteria and in addition you must satisfy the criteria as outlined below.

Use critical reflection to evaluate own work and justify valid conclusions including realistic

improvements which have been proposed against defined characteristics for success. (D1)

Demonstrate convergent / lateral/creative thinking by showing evidence on receptiveness to

new ideas and effective thinking in unfamiliar contexts. (D2)

Take responsibility for managing and organising activities including accommodating the

unforeseen and recognising the importance of interdependence. (D3)

Your subject tutor will be able to give you general guidance and feedback on improving your

work however it is your responsibility to seek feedback from the subject tutors on the above

criteria for you to achieve the intended grades.



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Support materials

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

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



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Plagiarism and Collusion

When producing the assignments, Learners must not copy any material whole or part from

fellow students intentionally or unintentionally. Any materials including phrases, paragraphs,

diagrams, tables, charts or graphics copied from books, journals, web sites or any other

sources must be properly referenced according to the Harvard referencing system. Even if the

words are changed or altered learners must clearly reference the source. Learners are required

to produce a ‘Turn-it-in’ originality report for any coursework, essays submitted for

assessment. Any assignments submitted without a ‘Turn-it-in’ report will be refused and

returned without marking.

Collusion: Unless stated otherwise, you must not produce assignments in collaboration with

fellow students where the assessment is based on the individual work. Such material will be

refused by the assessor and you will receive no mark. You must not share your individual

assignments with fellow students and in an event both lender and the receiver will be

disqualified for the assessment.

Plagiarism and Collusion is seriously dealt with in accordance with the regulations at Regent

College and any learner who fails to produce an original piece of work may be disqualified of

taking the assessment and may have to repeat the unit.

Please visit the link http://www.regentcollegelondon.com/Policies.asp to read our Academic

Misconduct Policy for further information on above. You can also access this policy by

accessing VLE.

Extension and Late Submission

Please visit the link http://www.regentcollegelondon.com/Policies.asp to read our Assessment

Policy in order to acquire information concerning the above matter. You can also access this

policy by accessing VLE.

Attendance and Punctuality

Attending all your sessions is vital for your studies. We expect students to attend 100% of

your classes. Please visit the link http://www.regentcollegelondon.com/Policies.asp to read

our Attendance Policy for further information on above. You can also access this policy by

logging on to VLE.

General Guidance

This unit is assessed on 100% coursework including your active participation in lessons. You

must submit both assignments to receive an overall grade.

http://www.regentcollegelondon.com/Policies.asp





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You should plan well in advance on how to tackle this assignment. You should seek

knowledge outside the classroom lectures and activities to gain maximum learning outcome.

You should access recommended supporting materials as suggested and use the knowledge in

your assignments.



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Unit Number and Title: Unit 5, Aspects of Contract and Negligence for Business

Module Tutor:

Learner name:

Information/feedback on assessment and grading criteria

Assessment criteria

(Pass-P)

Achieved

Evidence

Feedback

LO 1.1 explain the importance

of the essential elements

required for the formation of a

valid contract (P1)

Yes/No

LO 1.2 discuss the impact of

different types of contract (P2)

Yes/No

LO 1.3 analyse terms in

contracts with reference to their

meaning and effect (P3)

Yes/No

LO 2.1 apply the elements of

contract in given business

scenarios (P4)

Yes/No

LO 2.2 apply the law on terms

in different contracts (P5)

Yes/No

LO 2.3 evaluate the effect of

different terms in given

contracts (P6)

Yes/No

LO 3.1 contrast liability in tort

with contractual liability (P7)

Yes/No

Feedback Sheet



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LO 3.2 explain the nature of

liability in negligence (P8)

Yes/No

LO 3.3 explain how a business

can be vicariously liable (P9)

Yes/No


the tort of negligence and

defences in different business

situations (P10)

Yes/No


vicarious liability in given

business situations. (P11)

Yes/No



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Grading criteria (Merit-M;

distinction-D)

Achieved

Evidence

Feedback

Identify and apply strategies

to find appropriate solutions

through effective judgement

(M1)

Yes/No

Select/design and apply

appropriate

methods/techniques. You are

judged on the application of

relevant theories and

techniques and the

justification for their

application (M2)

Yes/No

Present and communicate

appropriate findings. This

includes the use the

appropriate structure and

approach with coherent,

logical development of

principles/concepts for the

intended audience (M3)

Yes/No

Use critical reflection to

evaluate own work and

justify valid conclusions

including realistic

improvements which have

been proposed against

defined characteristics for

success. (D1)

Yes/No

Demonstrate convergent /

lateral/creative thinking by

showing evidence on

receptiveness to new ideas

and effective thinking in

unfamiliar contexts. (D2)

Yes/No

Take responsibility for

managing and organising

activities including

accommodating the

unforeseen and recognising

the importance of

interdependence. (D3)

Yes/No



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Assessor’s general comments: Assessor’s Signature: .................................................................................................................................. Print Name: ................................................................................................................................................. Date: ...................................



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Regent college btec hnd - unit 7: business...

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