Business Law And Contract

Business Law Assignment (BUSI1001A) Formation of Contr operate The facts shited showed that R agreed to sell the machine to S. It was clearly an offer demand for HK$50,000. S had examined the railcar on the store forecourt which showed he had an target to buy the car, knowing that the car was in tip scoop condition. He knew the amount to pay, the condition of the car with his experience from the documents on the windscreen and his examination of the car on service department forecourt and he signed the agreement. Communication of agreement could be shown and thence the acceptance was valid. Consideration of HK$50,000 validated the exchange of promise. Both the car dealer and S were adults and had capacity to enter into push. Therefore the hug was clearly existed surrounded by Mr. S and R. However there was no contract formed between the aggrieved party Mrs. S as the agreement was not signed by her. tort - Negligence From the above analysis, Mrs. S, herself , could not claim on spoil of contract but could only claim for damages relying on negligence. In rewrite to succeed in action for negligence, Mrs. S must establish that 1.R owed a craft of do to her; 2.R was in breach of that duty of cargon; and 3.Rs action was a consequence of Mrs. Ss smirch (causation).

Duty of care From the case Donoghue v Stephenson (1932), the duty of care is a duty to take reasonable care to avoid acts or omissions which you stop reasonably foresee would be likely to injure your brood. Neighbour was defined by the court that neighbour is persons who are so close and directly affected by my act that I ought to have them in contemplation as beingness s o affected when I am order my drumhead to ! acts or missions which are called in question. To establish the duty of care, we need to consider the 1.foreseeability of that damage; 2.proximity between the parties; and 3.reasonableness. R was a car dealer who had professional acquaintance on cars including the conditions, advantages and...If you emergency to get a full essay, order it on our website: OrderEssay.net

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