HAssignment – September 2015 Assignment Front Sheet Qualification Unit number and title Pearson BTEC Level 4 HND Diploma Business –PART TIME Unit 5: Aspects of Contract & Negligence Student Name Assessor name Mr Jeevesh Augnoo Date issued Completion date Deadline 29th October 2015 23TH January 2016 Assignment title(s) Learner declaration I certify that the work submitted for this assignment is my own and research sources are fully acknowledged. Student signature: Date:Learning Outcome Learning outcome Assessmen t Criteria In this assessment you will have the opportunity to present evidence that shows you are able to: Task no. LO1 Understand the essential elements of a valid contract in a business context 1.1 explain the importance of the essential elements required for the formation of a valid contract T1 1.2 discuss the impact of different types of contract T1 1.3 analyse terms in contracts with reference to their meaning and effect T1 LO2 Be able to apply the elements of a contract in business situations 2.1 apply the elements of contract in given business scenarios T1 2.2 apply the law on terms in different contracts T1 2.3 evaluate the effect of different terms in given contracts T1 LO3 Understand principles of liability in negligence in business activities 3.1 contrast liability in tort with contractual liability T2 3.2 explain the nature of liability in negligence T2 3.3 explain how a business can be vicariously liable T2 LO4 Be able to apply principles of liability in negligence in business situations 4.1 apply the elements of the tort of negligence and defences in different business situations T2 4.2 apply the elements of vicarious liability in given business situations. T2Assignment brief Unit number and title Unit 5: Aspects of Contract & Negligence Qualification Pearson BTEC Level 4 HND Diploma in Business Start date 29.10.2015 Deadline/hand-in 23TH January 2016 Assessor Mr Jeevesh Augnoo Scenario Jane is the manager of a small hotel, Hotel Brit, located in a secure and nice area of London. She places an advertisement in the newspaper on 02.10.2015, stating: "For Sale – Desk Lamp, never used. Cash Sales only. Price: £250 Offer valid for one week only" John sees the offer and sends a letter of acceptance on the same day. Mary sees the offer and goes to check the lamp and offers £300. Two days after the advert was posted, John comes to the hotel to pick the lamp up. Upon entering the hotel, he slips on a small hotel napkin, which was dropped by Sasha, the hotel cleaner. While trying to pick himself up, John holds on to the safety rail by the entrance. The safety rail is broken and John falls down again injuring his back and damaging his brand new phone. John had signed the visitor book, on the cover which was written: "The hotel will not be liable for any injury or damage to the visitors" Task 1 (LO1.1, 1.2, 1.3, 2.1) Explain the elements necessary for contract formation in light of the above between: (i) Jane and Mary (ii) Jane and John Task 2 (LO3&4) Advise John in relation to the tort of negligence, in terms of liabilities faced by the hotel if any and remedies available to John.