Introduction to Contract and Negligence in Business
This report is all about contract and its usage. How to deal with a contract, elements of contract, what can be done in case of negligence, vicarious liability, elements of negligence is briefly discussed in this report. This report is based on the analysis made out of four case studies as given in the question. All the case laws are studied well and then the findings related to the respective case laws are discussed in this report. In this report all the cases given deals about different aspects of contract and negligence in business (What Is Negligence and How Do I Defend against a Negligence Claim? 2014). It has discussed the elements, nature, and type of contract. Here the case describes about how contract and mere carelessness can affect the parties involved.
It is stated in the cases that how non reading of contract can cause trouble for the parties and how can we get over it. This report explains about the options available in law in case of misrepresentation and what are the provisions which protect the persons in the contract. All the measures the plaintiff can take in case of fraud, misrepresentation, or any undue influence. This report gives a brief idea about how to deal a contract and what a contact actually is.
All the contracts are based on some main elements and they are to be fulfilled to complete the contract and bind it legally. Main elements of a contract are Agreement, Offer narrates willingness, Acceptance which is unconditional adoption of the agreement offered. Contract is also based on consideration and it is presumed that it contains the elements of legality. Contract can be in any form simple written or any deed. Every agreement is a valid contract and its validity can be challenged due to several factors such as misrepresentation, it makes the contract voidable and can be accessed future only if the acceptor wishes. Mistakes make the contract void and cannot be accessed; duress and undue influence make the contract voidable. If the contact consists of any illegal issues then the contract is considered void (Occupiers Liability. n.d).
In the given situation advertisement given by “XP Word” will be considered as unilateral offer by them which can be accepted by any one. On the basis of advertisement James wait outside the shop for whole night to avail the offer given by “XP Word”. In the morning “XP Word” deny to perform by saying to James that you should be sensible enough to not to rely on such kind of advertisement
This is a clear case of misrepresentation as the company just in order to increase their profits cannot misguide the public and are not allowed to publish such fake advertisements (Defences to Negligence. 2014). Customers are the liability of business and misguiding them or cheating them is considered to be unethical and is against the law and thus in this case James has the right against the company as the offer is voidable he can file a suit against XP Word for publishing such misguiding and fake advertisements (Negligence. 2014).
An offer is a statement showing willingness. Any statement which is definite and capable of being accepted by offeree is considered as offer. An offer may be implied or express, may be made to a single person, group or the entire world. It is communicated well and effectively then it is an offer. In the above case company gave a statement which was effectively communicated and was capable of being accepted and hence was offer and XP World cannot deny on this fact (Weiss, 2003).
In the above case James understood the option accepted it and communicated well his intentions hence, the acceptance was made. Thus this was a contact between XP world and James. And thus in the given case study James has full right to take legal action against the company for misrepresenting the facts and giving wrong information to public (Zoll, 2012). James can file a suit against the company relating to fraud and misrepresentation. In this case it is presumed that the parties are intended to get into the legal aspects of the contract unless stated otherwise. “XP Word” has given unilateral offer which was accepted by James has their legal obligation on the parties to give performance. “XP Word” cannot deny doing so.