Business Law And Contract

Business Law Assignment (BUSI1001A) Formation of Contr shape The facts shited showed that R agreed to sell the machine to S. It was clearly an offer solicit for HK$50,000. S had examined the machine on the store forecourt which showed he had an endeavor to buy the car, knowing that the car was in tip pass condition. He knew the amount to pay, the condition of the car with his wisdom from the documents on the windscreen and his examination of the car on store forecourt and he signed the agreement. Communication of agreement could be shown and then 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 closet was clearly existed surrounded by Mr. S and R. However in that respect was no contract formed between the aggrieved party Mrs. S as the agreement was not signed by her. civil wrong - Negligence From the above analysis, Mrs. S, hers elf, could not claim on founder 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 concern of give c are to her; 2.R was in breach of that affair of care; 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 support reasonably foresee would be likely to injure your confront. Neighbour was defined by the court that neighbour is persons who are so close and directly affec ted by my act that I ought to have them in c! ontemplation as universe so affected when I am order my sound judgement 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 urgency to get a full essay, order it on our website: BestEssayCheap.com

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