Assignment title: Management


You have been approached by the Citizens Advice Bureau to produce a report that can be used in the induction process for new employees who are not legally qualified. The report must cover the following: 1.1 Explain the essential elements required for the formation of a valid contract [P1.1, M1] 1.2 Explain and discuss the different types of contract [P1.2] 1.3 Explain and analyse the different forms of contractual terms [P1.3, D1].  To achieve M1 you will need to demonstrate an effective approach to study and research, using appropriate examples from relevant case law, statute law and scholarly sources to support your answers.  To achieve D1 you will need to demonstrate critical analysis of the different forms of contractual terms, including exclusion clauses. . 3 Task 2 Mary entered a department store called "Sales Are Us" with the intention of purchasing a new television. She selected a television and purchased the same. At the time of the sale, the sales assistant informed Mary that she was expected to sign a standard form contract. She signed the contract without reading it. That evening Mary turned the television on but it exploded, causing serious burns to her arms. She had to be treated in hospital and as a result of the injuries she could not work for three weeks. She is self-employed so this meant a complete loss of income for the three week period. After recovering from her injuries Mary returned to "Sales Are Us" and demanded: (1) the replacement of the faulty television set; and (2) financial compensation for the injuries that she had suffered and the loss of income for three weeks. The Manager of "Sales Are Us" denied both these claims and referred Mary to the following two clauses of the contract that she had signed: Clause 9 "Sales Are Us accepts no liability for the replacement or repair of faulty products. In all circumstances the customer must bear the cost of either replacing or repairing any faulty product". Clause 11 "Sales Are Us accepts no liability for any death or personal injury caused by the sale or supply of faulty products". Mary has sought your advice as to whether she can force "Sales Are Us" to replace the television and whether she is entitled to compensation for the injuries she suffered and the loss of income. In giving advice you should: 2.1 Apply the essential elements of contract to the scenario [P2.1, M2] 2.2 Apply the law on terms to the scenario [P2.2] 2.3 Evaluate what remedies are available to Mary [P2.3, D2]  To achieve M2 you will need to demonstrate the ability to apply the law to the scenario in a clearly structured and coherent manner.  To achieve D2 you will have shown autonomy/independence in evaluating the remedies available to Mary. Task 3 The following scenario addresses LO3 and LO4 Paul purchased a ticket to watch a film at his local cinema, "Film Flops". He was in the process of purchasing some popcorn before the film started when an employee of "Film Flops" accidentally poured hot coffee on his arm, causing him serious injury. A manager was called and it was determined that the employee was intoxicated. Paul has sought your advice as to whether he can force "Film Flops" to compensate him for the injuries he suffered. In giving advice you should: 3.1 Contrast liability in tort with contractual liability [P3.1] 3.2 Explain the nature of liability in negligence [P3.2] 3.3 Using Film Flops as an example, explain how a business can be vicariously liable [P3.3] 4 3.4 Apply the elements of the tort of negligence to the scenario [P4.1, M3] 3.5 Apply the law on vicarious liability to the scenario [P4.2, D3].  To achieve M3 you will need to demonstrate the ability to apply the law to the scenario in a clearly structured and coherent manner.  To achieve D3, you will need to demonstrate convergent and lateral thinking by considering the possible defences that "Film Flops" might raise