Unit 48 Law of contract and tort in the Higher National Diploma for business students offers foundational recognition. It enables learners to recognise the way in which contracts are interpreted, enforced and formed in business. Moreover, the students will acquire the principles that are underpinned by the tort law. The unit also identifies the significant components of a ballot contract that include consideration, acceptance and offer with the creation intention of legal relations. It focuses on the significance of clear conditions and terms, the intentions for generating legislative relations. Moreover, it deals with the mandatory aspects for all people to have the legal potential of a contract. The students will also learn about the situation when they can be rendered contract illegal, voidable and void with significance of certifying the agreements with lawful and fairness.

Apart from contract law, the unit also identifies tort law. It has a particular emphasis on negligence. The tort law is in contrast to contract law in terms of identifying the civil wrong doing and causing loss and harm. Sometimes, the unintentional activities are instead of an agreement obligation breach. The unit also identifies the care duty with the business having the ownership for others. Moreover, the way in which liability increases the negligence and remedies which assist people suffering from harm. By recognising the tort law and contract law, the learners will be able to appreciate the way in which liabilities and responsibilities of legislation influence their everyday operations of business. It also assists in managing and identifying the legislation risk.

When unit 48 is completed, the learner will have the equipment for application of legal principles to the scenarios of real they will have the potential to identify the contractual breakdown consequences and suggest the appropriate remedies, including breach of contract damages. They will also increase their knowledge of the way through which they can ignore the liability in thought by sticking to their care duty. With the relevant case law studies and practical examples, the students will generate skills and develop mandatory navigation challenges of legislation in business and certify them in minimising and compliance with potential disputes.

Unit Objectives

Here are the significant objectives of the unit 48 law of contract and tort in HND according to Pearson qualification.

• To generate a comprehensible list of significant elements needed for generating a legal and valid enforceable contract in the context of business that includes considerations, acceptance, intention and offer of generating legal relations.
• To equip learners with the potential to apply and analyse the principles of contract law to the scenarios of real business that include identification of the contractual term, recognition of their classifications and identification of the contractual breaches.
• To offer knowledge of the total law, particularly negligence and make learners able to distinguish between tortious liability to recognise the care duty owed for the operations of business.
• To make learners able to evaluate and identify the appropriate remedies for the contract breaches and harm tortious. Moreover, utilising the relevant case law to illustrate the way through which damages and multiple remedies can be applied and determined in the situations of business.

Learning Outcomes

Get the complete information of the business in unit 48 law of contract and tort with the help of these learning outcomes.

LO1: Examine the essential elements of a valid contract

• Agreements and contracts
• Contract definition
• The aspect definition of contract law, for example, measures of damage, obligation relationships and damage remoteness.
• Relationship of contract, for example, the contract of a third party
• The valid contract elements
• The offer, for example
• Offer of counter
• Offer of revocation
• Offer of a lapse of mind meeting
• Acceptance: contract subject, acceptance, and agreement intention must be binding legally
• Considerations:
• Requirement and meaning in English law
• Categories of considerations
• Past concentrations
• Perform promises for existing public duty and obligation
• Deed considerations
• Legality and capacity
• Corporate potential for contract
• General rule
• Rule of ultra vires
• Voidable, avoidable and illegal contracts

LO2: Discuss how the contents and terms of the contract are established

• Term incorporation
• By a signature, actual notice of previous dealings, causes, and reasonable notice
• Implied and Express terms
• The contrast between employed and expressed terms
• Express terms with the agreement of the parties. Implied terms through law and the court
• Application examples, for example, 20025 act of consumer rights, salary having the selling right, sample and bulk, description, quality satisfaction
• Contractual term status
• Warranty, condition, the way to identify the contractual term status, clauses, assumptions and unfair terms of contract.

LO3: Illustrate the impact of contractual breakdown and suggest remedies available for breach

• Contract performance
• Performance contract definition
• Versatile categories of performance, for example, substantial exceptions, partial performance actually, contract divisible, valid non-performance reasons
• Types and breaches, off-breach
• Breach meaning, serious breach and various categories of breaches are mandatory for causing contractual background.
• Breach of contract remedies
• Various categories of remedies, for example
• Non-monetary remedies
• Cases of consumer
• Reaches discharge
• Price payment
• Breach damage
• Position and remoteness
• Contributory negligence and climate mitigation
• Measures

LO4: Evaluate the elements of tort of negligence and remedies available

• Tort law is a negligence and civil wrong
• Tort definition and negligence of tort
• Significant components such as taking care of duty
• Required circumstances for negligence establishment
• Remoteness and causation
• Tort defences
• From Stevenson versus Donoghue, the case of carpro-duty care history with particular cases
• The taught impact in similar areas, for example, occupiers` liability and consumer protection
• Duty bridge and damages generated by negligence
• Duty standard for taking care, under the budget care, high duties include children and victims with vulnerability
• Personal injuries, damages, property damage, and financial loss in terms of personal injury
• If defective product liability: measures of consumer protection and statutory good sales protection.
• Professional negligence:
• Breach of duty between clients and professionals

Assessment criteria

The assessment criteria of Unit 48 Law of Contract and Tort are associated with the learning outcomes such as.

LO1: Examine the essential elements of a valid contract.

• 1.1 Examine how the law determines the essential elements of a valid contract to make it enforceable, using case law examples.
• 1.2 Apply examples of case law to determine the elements of a valid contract, including consideration, in different circumstances.
• 1.3 Provide a critical evaluation of how contracts are formed, recognising law and remedies for breach of contract with evidence drawn from local and international case law and judgement.

LO2: Discuss how the contents and terms of the contract are established.

• 2.1 Examine how law determines whether negotiating parties have reached an agreement using a range of case law examples.
• 2.2 Demonstrate how the terms of a contract are established.
• 2.3 Evaluate the contents of the contract and incorporation of terms using a range of case law examples.

LO3: Illustrate the impact of contractual breakdown and suggest remedies available for breach.

• 3.1 Discuss the type of breach necessary to cause contractual breakdown and remedies.
• 3.2 Analyse remedies for breach of contract, including monetary and non-monetary remedies.

LO4: Evaluate the elements of tort of negligence and remedies available.

• 4.1 Assess the elements of tort of negligence using specific examples.
• 4.2 Compare and contrast the tort of negligence with breach of contract using specific examples.
• 4.3 Critically evaluate principles of the tort of negligence with reference to professional advice.

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