Assignment title: Management
Question
Report
Q
1. Bob goes into Sam's bookshop and sees a book which he wants to buy on display. He
takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his
only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is
Sam entitled to refuse to sell Bob the book? Taking this scenario in to consideration explain
the importance of the essential elements required for the formation of a valid contract.
Discuss the impact of different types of contract and analyse terms in contracts with reference
to their meaning and effect (LO 1.1, 1.2, 1.3)
2. Barry goes into a park which is managed by his local council. He sees a notice which
states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a
chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the
attendant points to a clause on the ticket which states, "No liability is accepted for any
damage or injury caused by the failure of any hired equipment." Are the council entitled to
Assessment Type: IndividualBTEC Higher National Diploma in Business
Unit 5: Aspects of Contract and Negligence for Business Regent College
5
rely on the clause? Taking this scenario in to consideration, apply the elements of contract in
given business scenarios, apply the law on terms in different contracts and evaluate the effect
of different terms in given contracts (LO 2.1, 2.2, 2.3)
3. Adam advertises a reward of £1000 for the first person to paddle across the English
Channel in a bath from Dover to Calais. Brian sees the advertisement in the news paper,
purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel,
Adam places another advertisement in the same news paper announcing that the reward is
being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and
duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled
to claim the reward? Taking this scenario in to consideration, contrast liability in tort with
contractual liability, explain the nature of liability in negligence and explain how a business
can be vicariously liable (LO 3.1, 3.2, 3.3)BTEC Higher National Diploma in BusinessTask: Evaluate the accuracy of each of the seven statements A, B, C, D, E, F and G
individually as they apply to the facts in the above scenario. Apply the elements of the tort of
negligence and defences and apply the elements of vicarious liability in these situations. (LO
4.1, 4.2)
Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to
provide a safe working environment.
Statement B: Roger can bring a claim in vicarious liability against Neil for Colin's actions.
Statement C: The Poshplace Hotel is liable to Mark under the Occupiers' Liability Act
1957.
Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers' Liability Act
1984 because of its warning notice.
Statement E: Mark can use ordinary negligence principles in his claim against Poshplace.
Statement F: Under the Occupiers' Liability Act, Mark will not be able to claim for the cost
of his designer swimming trunks.
Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the
loss of his jewellery.BTEC Higher National Diploma in Business