Dear Students,

I am Hari Haran and I take this opportunity to communicate to you.

Most of the times you give your assignment to some 3rd party agents and through them
only they go to writers - What you pay to the agents only 35 to 40 percentages go to the
writers and they don’t pay for all the works also. So most of the times you don’t get good
works, at correct times and only to avoid this please in future contact the writer
directly. Tell them your issues and pay them at the right time.
You will get the best works.
My primary objective is to serve you the best.
So be clear on your needs.
1. Send me the following form filled when you request for the assignments (See the
form below)
2. Don’t give the actual dead lines
3. Please give ample time and once given you kindly show to your professor ask for
feedback and get back
4. Based on the feedback I again do the alterations and handover to you. Then only
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THIS IS ONLY A SAMPLE WORK PLEASE CONTACT FOR THE COMPLETE WORK

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 EDEXCEL BTEC

HND - Level 5 Business (Management)

Assignment

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 Module: Unit 5: Aspect of Negligence and
Contract in Business

Aspects of Contract and Negligence

for Business

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(1.1) Explain the importance of the essential elements require for
the formation of a valid contract

a) Have VIRTUAL COLLEGE and Students-R-us made a valid contract?

Are the essential elements required to form a valid contract present
and are these elements important when forming this contract? Explain
(1.1)

For any contract to be a valid one – it has to possess the following

elements in it namely;

A clear offer and an acceptance for the offer made.

The offer – is something which one party makes to the other to do a specific
task with the specific terms. (Fried, C. 1981) First the offer is made and only
on acceptance of the offer they come in to make a contract to do it. On
acceptance means that the offer is accepted and they proceed to sign the
contract with the conditions, rules and regulations stated clearly.

In this case Virtual College and Student R-us have made a clear but a invalid
contract over phone with no signed documents. Contract over phone states
that they will work on the assignment offered by the Virtual college until 5 pm

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June 3rd. The Virtual college has made an offer for £2000 for 8 weeks – total
£16000 paid at the end of 8 weeks and the Student R-us. There is no
agreement proof and signed the contract.

So there is an invalid offer, agreement and contract not signed.

On considering the side of Law, here Virtual college has clearly agreed to pay
£16000 only on completion of work for 8 weeks without fail in between. This is
highly paramount important as they have come in an agreement in which both
the sides benefit by this contract.

Intention of the contract:

Intention here is that Virtual College needs a medium to attract more national
students -so only Virtual College made an advertisement in metro for the
marketing campaign. And they have an good intention of doing this by using
the student through student R-us. Intention is clearly reflected in this case in
this case by the legal contract made, they are in terms to complete their work
and receive the money only after completion. There is clarity on the terms
mentioned in the contract and student r-us have given agreement to this.
CERTAINITY (Virtual college don’t have a valid proof for their intention.)

CAPACITY – Both the parties who have to signed the contract are not minor
and they should have the matured age limit as per law to enter into the
contract. Only persons with less age or dis abled mental abilities can’t enter
into any agreement and those made with them are not valid.
Consent: if any of the parties do not enter in to the agreement without full
satisfied mind then it means that they have not understood the contract and
this can be viewed as invalid. (Here now Student R-us can prove there is no
consent)

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[1.2] Discuss the impact of different types of contract

b) Discuss whether there would be a different impact if VIRTUAL

COLLEGE had done a face to face and written down contract rather
than over the phone? (1.2)

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Written down contract:
A written down contract is more superior and has higher power than any oral
contract made. It is more legally acceptable format or proof of a business agreement
that clearly states the fact that Virtual college agree to Student R – us for paying a
certain amount on accomplishing a certain task based on the agreement. Whatever
both parties have undertaken is clearly written in this case and they can never deny
them. Hence when the contract is written down both Virtual college and Student – R
us has to abide it if they had signed it and it would have been more strong in side of
the Virtual college as the Student R – us broke down the verbal contract made.

Face to Face or Verbal Contract:

Contracts have different types based on the ways in which they are made and
one such contract here Virtual college has made is the Face to Face or a
Verbal Contract.
They have made the express contract verbally over phone – and this is
weaker for the Student R-us as it will be difficult for them to sue the Virtual
College as they have no proof / written document of the contract. Since this is
not made formally there is no strong proof to prove that this is valid and can
never be proven in the court in case of dispute.

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 Implied contract is based on the implied conditions and also on the conduct of
the both parties under consideration. Based on this the impact on the student
R-us is that the agreement has been broken / is not valid and they can come
in terms for a new agreement to pay 6000 + 10000£ for their work they agree
to perform in future. This can be documented and has all the conditions of the
old one with only one new provision to support the student R-us.

References:

1. American Law Institute, Restatement of the Law 2d, Torts, West Publishing,
Eagan, MN, 1965.
2. Braynen, W. 2014. ‘Moral dimensions of moral hazards’. Utilitas, 26:1, 34–50.
3. Davis, Gordon B. Management Information Systems. New York: McGraw-Hill,
New York, 2000.
4. Fried, C. 1981. Contract as Promise: A Theory of Contractual Obligation.
Cambridge, MA: Harvard University Press.
5. Marsnik, S. J., & Thompson, D. B. (2013). Using contract negotiation exercise
to develop higher order thinking and strategic business skills. Journal of Legal
Studies Education, 30(1), 201–248
6. Myers, B. L. Read at Your Own Risk: Publisher Liability for Defective How-To
Books, Arkansas Law Review, 45, (1992), 699.
7. P. Giliker, Vicarious Liability in Tort, 3rd ed., (Oxford 2008), p. 102.