Intension To Create Legal Relationship
Common law deal with law from all aspects of that happens usually in our daily life. It is not about common sense it is matter of common law. It helps us to deal with the people or organization when we are in trouble problem made by them and we are not liable for which we are not suppose to do. Secure from all troubles when we are doing the right according to the law formed. This provide the normal people and employees to measure the safety ,health rules to fallow.
Task 1: According to Maclnture,E.(2009).
In a valid contact either one of them cannot break the contract with permission of the other party
To enter in to a contract we need Offerer Offeree acceptance is made intension to create legal relation consideration given by both parties that different types of business contract.
1. Unilateral contract
2. Bilateral contact
Unilateral contact: Promises are made between one another for exchanging of something.
Bilateral contract: In this promise is done when one party is suppose to do something in return of an act.
Contract: When a legal binding agreement takes place two parties or people. Implied, expressed, void, voidable, enforceable, unenforceable contract.
Consideration: A set of promises are made in return of something.
Intension to Create Legal Relationship: In this type no agreement takes place only exchange of words or understanding between them as this only happens with families, friends and colleagues as in domestic/social.
Capacity: every person should have an specific age limit or has the post ion to hire somebody as they enter into a contact or recruiting.
Form: As a contract is made depends upon some agreements made based on formalities.
Deed: In which a legal document takes place.
As these are the essential elements to enter into a contact depends upon the business they are doing for the legal applications takes place.
According to Ulu,v.(2010).
It deals with the formation of contract and it deals with the acceptance.
Any organization has advertise and asking for a replay which they are given.
As rules differs for different modes.
Post Rule: When some is interested in booking Le Nostre Resort and Holidays. The customer has to send a postal request that he wants to be in our resort the acceptance is made by him/her when he/she had dropped the post in the postbox or post office. Then the acceptance is made and it doesn't matter when it has reached to our Le Nostre the acceptance is made were he posted the letter in which ever country or place it may be.
Fax Rule: In this booking mode as it comes under E- commerce instantaneous mode. In which it does not take time to send the acceptance made by the offer it is completed when the acceptance is received by the offerer. And important thing to be noticed that contract is formed when the acceptance is reached.
Clicking on a Icon: Once the acceptance had clicked the icon in the internet which means the customer had seen the advertisement and gone to internet and clicked on the icon after that the offerer has to send the mail or accepted there the confirmation is made by the offerer booked then the acceptance is made. Here it applies the offerer to the acceptance by given any invitation to treat instead of offeree.
According to Maclutyre,E.(2009).
The rule on intention to create legal relations is an essential element of a contract. In this were acceptance is made by the both the parties i.e offerer and offeree who enters into a contract accepted to intend to create legal relation of agreement.
When the rule is applied in business/ commercial agreements in which suppose an idea that is presumed to be true that both the people want to make a contract. It may be a idea of presumed it may not happen in all the cases for example it our company Le Nastre had made on advertisement that we are going to give gold coin to them who comes first into our resort. But there was a problem that gold coin which has to print Gandhi the coin to these one's who came first here when they went to court our organization has to pay them the bracelet has there was an intention to create legal relations.
It will be natural to enter a contract in business it may not have all the legal effect of chances. This may happen often when both the parties intended to create legal relations.
As in social/domestic agreements.
In the type of agreement is made with in the family members or friends or colleagues where the understanding between both of them without any written agreement has not been made to enter into a contract. The presumption is made between them suppose if there is clash between them and one of them want to case upon an another then he has to shown a proper proof to claim what suppose he intend to get.
For example me and my friend went into a amusement park and bought a ticket by sharing the price of ticket into half and he won the game and some money I have to get some money he has not interested in giving the percentage money to me then there would be problem for me to show the proof. As it has happen in the case 'Wilson and Anv vs Burnett 2007' 'Intrinsic problems on the question of whether a necessarily casual conversation could be elevated into an agreement binding and enforceable in law'.
The importance of consideration in a valid contract
In the above example and in a case it shows how much important is that both the parties have to enter into a agreement which would be valid if one on the other breach the agreement. So other can sue or compensate through a valid contract.
This case comes under the capacity
In this case the receptionist doesn't have the capacity to hire or recruit someone as her position doesn't have enough power to hire a chef.
As the hotel is a corporation and it would be registered as per the act 1985 and 1989 act.
In this case the receptionist doesn't have the capacity to hire anybody this case comes under capacity so hiring of chef is not a valid contract. Here the organization doesn't have any for the receptionist act.
Advise for the Chef.
He should know the capacity of a person to recruitment and legal aspects of entering into a job even he cannot sue the receptionist.
A warning is to be given to the receptionist miss guiding the management and the chef.
Legal implication of a breech which means once we entered in to an agreement if there is breach of duty or agreement then this following terms implied on the other person where the duty not done properly.
1. A Warranty Term
2. A Condition Term
3. An In nominate Term (Intermediate)
A Warranty: Which defines as pertaining or nature of contract agreed in which he can force the other party to pay for the damage without changing the agreement done before.
Ex: Suppose I bought a computer with a warranty for one year after three months there was problem with the lancard as the agreement made between me and employee he has to repair it and make it work. As it is the duty of the company as we made an agreement selling and buying.
A Condition Term: The word condition itself means that to have a significant influence or vital for the other party by breach of contract. As the damaged party can go for claim if chances can sue it.
Ex: A couple want to celebrate a party at Le Nostre hotel for there first anniversary on a specific date they have booked a hall for 50 members as there guest. At the mean time hotel is unable to give the arrangements which should be done by them. Then this couple can go for the claim for the condition the management has to done both the couple and guests gets the compensate from the hotel as the breach the condition.
In nominate(Intermediate) Term: As a major term of a contract in this term it depends upon what type of damage is done and the less upon the damage. It may imply both condition and warranty terms and one of the either this is simply you can say intermediate term.
In this if either of the party break the contract then other party can sue other.
CASE: Davie and BoardMills (1978)
This case comes under exclusion clause condition and warranty.
In this case the purchase manager is responsible for the act which he not read the entire document. The legal effect of the clause for vending machine which is bought from the supplies by purchasing manager after signing of the agreement without noticing or reading the entire document there the problem as per the agreement it clearly noted. Then the manager doest get warranty had entered into a legal contract.
In this case it shows that whatever agreement we are entering we have to read everything. It is similar to the case L'Estrage V Gravcob(1934)
The legal offered of exclusion as term of a contract in this exclusion clause it helps one of the parties from liability when anything goes wrong with that agreement.
The use of exclusion clause in term of a contract when two parties comes together and make a contract if either one of them branch the contract the other one can sue him and make him liable.
(Chapleton V Barry udca all er (1940))
Limiting Clause: In this contract one of the parties break the rule of contract then depends upon the damage done is payable in a contract limit.
According to limiting clause the agreement may had be written or signed he has done the work within the time
CASE: Olley V Marlborough 1949
' Both the tortuous liability and contractual liability cases are dealed in the civil courts.
' In this any party breaks the rule or breach the duty they can go for court to sue to the other party.
' There is no involvement of third party in both of them.
In Tortuous liability in which no agreement is made but the breech is done then they go for the case but in contractual liability there should be agreement if one party break the rule of the agreement the other party can go for a case.
' It is legal bided in a contractual liability but it is different for Tortuous liability.
' In tortuous liability depends upon the damage done has per the contractual liability doesn't depends on the damage
' In tortuous liability there will be no limit or time has per damage as in contractual liability there would be a time limit to break of the agreement.
' In tortuous liability duty of care, breach of duty, damages.
' In contractual liability conditions, acceptance, deeds, warranties.
This case comes under law of tort
In this case we have to see in to different ways 1. Hotel 2. Guest
Has the hotel warned or put a notice any damage done the management is not responsible.
Have they kept the warning board at the footpath.
If they have not kept any board or notice because of that he fell down.
How much extend is the damage done.
' Duty of care ' have they put the warring board
' Beech of duty '
' Damage ' the damage is measured and depends upon the damage.
According to Richards,M. and Stewart, S. W.(1979).
Whatever the mishaps happen which leads to damage to of the other people in an organization of the employers the employer is liable in tort for their mishaps weather the employer knows about the action or not.
CASE: L.CC V Cattermoles Garages Ltt 1953
Warren V Henlys Ltd 1948
According to Stranks,S.(2005).
The legal implications on health and safety protection of employees.
' General duties of employers to provide proper and safety equipments to all the employees
' Employers are responsible whatever the damage is done with in his organization premises.
' ' To secure the health, safety and welfare of all people at work'
This case comes under Vicarious liability.
In this case the employee is blended due to instrument he has using it. It happened within the premises of the organization and he had taken all the precaution what he has to fallow.
It is not the fault of the employers to
Here the damage is more
The legal position of employees
' He should get the compensation from the employers
' This case deals with strict liability as the damage can`t be solved.
' Employee can`t sue the suppliers as there is no deal between them.
CASE: Davie V New Menton Broadmills(1956)
According to Ulu,V.(2010).
To prove a case of negligence we have to show
' Duty of care
' Breach of duty
' Damages as a result of breach
We have to prove a negligence the above three cases
As in duty of care he has a responsibility to all things he promised to do and to see the neighborhood care so that no has the injuries or damage.
In the breach of duty the damaged is done due to the mishap or mistake some body or action by somebody
The person has a injury from the direct action of somebody their we can prove damages as a result of breach
This case under the case of negligence
As the couple Mr & Mrs Camelet won the lottery came to celebrate.
The problem arises for the management
As they have not provided proper chalet for poor heating as a mistake one.
For their dinner they had found caterpillar in their food as mishap two.
Advice to the hotel
Duty of Care: They have not done the proper duty which they suppose to doing not providing proper chalet as its was the duty of the management as they missed out.
Breach of duty: As the mishaps of service from the hotel the couple find out a caterpillar in their food they had a poor quality of service as the breach the duty.
Damages: As there was no damage done to the couple from their service.
As there was no damage done to the couple they can`t put a case against them hotel management they can`t go for a case or compensation.
From performing above four tasks as they understands the minimum general knowledge so it will helps us to know the values of the law as it is made by different governments and countries to provide a special quality to life understand the value of case studies which we may face in the futher.