There shall be two types of contracts that are to be constructed in relation to your business. For the purpose of making a legal relationship by way of a contract with the suppliers of meat and vegetables, a contract for distance selling is required to be formulated among you and the supplier. If the supplier of meats and vegetables is the same person then one contract would be sufficient but if the suppliers are more than one then for each of the supplier a separate contract have to be constructed.
In this kind of contracts the parties to the contract by way of certain negotiations formulates the terms and conditions of the concern copy of contract. In this contract all the relevant terms and conditions relating to the goods that are to be supplied, the tenure of the contract, the time limitation regarding the supply of the goods, price of the goods and other relevant factors have to be clearly mentioned. If both the parties to the contract agree then they may introduce a specific term into the contract relating to restricting the liabilities of the concern parties in case of happening of any event that is inconsistent with the terms of the contract.
The second type of contract shall be made among the family members with whom the business has been started. This form of contract is known as partnership agreement. In this contract all the terms and conditions relating to the introduction of capital, profit or loss sharing, responsibilities of the partners and other relevant factors relating to the administration of the business shall be clearly mentioned.
For the purpose of formation of a valid contract there are certain essential elements which are required to be fulfilled. These essential elements are;
Offer and acceptance: For the purpose of construction of a valid contract one party have to make an offer to the other party of the contract and if the other party accepts such offer then the contract begins. This is the most fundamental element in valid contract. The offer and acceptance have to be made with the free consent of both the parties to the contract (Carlill v Carbolic Smoke Ball Co,).
Legal relationship: In a valid contract it is necessary that the parties to the contract are intended to create a legal relationship among them by way of formulating the contract. Any contract without legal relation among the parties is void ab initio (Williams v Roffey Bros, ).
iii. Consideration: At the time of constructing a valid contract there must be a term relating to the consideration. It is a promise made by the parties to the contract to do any act or to abstain from doing any act in accordance with the terms of the contract. In other word consideration is something that one party receives against the performance of the contract (Balfour v Balfour, ).
Competency: The parties to the contract must have attained the age of maturity and they are of sound mind.
Privity of contract: Ina contract the parties must have the right to sue each other in case of a breach but any third party cannot do so.
In a restaurant, most of the contract forms with the customers along with the restaurant authority. Generally, with the customers face to face contracts are formed. It is not possible that the restaurant authority will make a written contract with all the customers coming for having food. This will not only makes the customers feel irritated but will also create hazard for the restaurant administration. But for those customers who are making the order of food without coming into that restaurant, face to face contract is not possible, in that case distance selling contract shall be applicable (Cooke, 2007).
The impact of the contract formed among the restaurant authority and the meat and vegetable seller is that the contract should be a written one and the elements of the contract should be made with the free consent of the both the parties. For direct purchase of meat and vegetable from market there is no requirement to construct any written contract but a bulk order or bulk purchase the written form of contract provides more stability and confidence to the parties to the contract and it is also easy to have the legal enforceability. For the purpose of hire and laundering of table linen it is not necessary that the restaurant authority have to make a written agreement with the laundry man but there is no such limitation to that affect. If it is in written form then the chances for ambiguity and confliction gets reduced (Davidson, 2006).
In every contract there are several mentioned terms and conditions, the clearly written terms in the contract are the express terms. But there are some terms of contract which are not expressly mentioned in the context of the contract, these are the implied terms. Expressed terms are generally considered as the conditions of the contract, if either of the party breach any of the condition of the contract then the other party may terminate the contract. Implied terms are considered as the warranty, if any of the party to the contract makes any breach in relation to any warranty of the contract then the other party can claim damages. For instance, if you would like to buy kitchen appliances then you have to pay the price of the appliances it is an expressed term. In that particular price you are entitled to get good quality products that is the implied term of the contract (Elliott and Quinn, 2007).2:
Contractual liability is a kind of liability that arises from a contractual obligation. In other words due to the terms of a contract the parties to the contract has to discharge some liabilities accordingly, these liabilities are known as contractual liabilities (Rutgers, 2008). Whereas tortuous arise from any wrongful act done by any person. If any person does any wrongful act and by that act any right of any other person is infringed then the wrongdoer is at a liability to restore the rights or pay compensation, this is known as tortuous liability. For a contractual liability the concern person has enter into a valid contract but for a tortuous liability neither of the person has to enter into a contract. Tortuous liability arises for any civil wrong that is tort. Here in this case, your employer is liable under the tortuous liability for you. And the property company shall be liable under contractual liability to the McAllen Company but it will depend upon the nature of the contract (Grundmann, 2011).
In case of any loss or injury occurs to any person due to the negligence of any other person then the person who has committed the act of negligence shall be liable for payment of damages. If any occupier of a property negligently abstained from doing any act that the occupier ought to do and by virtue of that negligence, if any person suffers from any loss or injury then the occupier shall be liable for that loss or injury (Oliphant and Bagshaw, 2007). It is the duty of the occupier to take reasonable care of the property occupied and for any major alteration the occupier should approach the owner of the property. In the case of Robert Addie & Sons (Colliery) Ltd v. Dumbreck, the court held that it is the duty of the occupier to take reasonable care of the property and if there is any loss suffered by other person due to the negligence of the occupier then the occupier of the property shall be liable to pay damages to the person who has suffered from such loss or injury. In the famous English case of Donoghue v. Stevenson, the court of law has elaborately described the scope of the act of negligence. In this regard the court of law held that for nay act of negligence the wrong doer is bound to compensate the person who has been suffered due to such an act of negligence. In this respect causing of actual loss or damage is not necessary, violation of the right of any person is sufficient for payment of damages (Koziol, Schulze and Antoniolli, 2008).
In the case of Fletcher v Rylands, the House of Lords admitted that the English common law is very much applicable upon the wrongs happened due to an act of negligence.
If in the course of the employment, any employee suffers from any loss or injury then the employer is liable to pay compensation to that employee, though the loss has been caused due to the negligent or wrongful act of any other person then also the employer cannot escape from his liability, this is known as vicarious liability. The case of Lister v Hesley Hall Ltd, is one of the leading precedent of the laws relating to the vicarious liability. In this famous case the court of law held that the employer is liable to pay damages to the employee who has suffered from injury in the course of the employment, in spite of the fact that the injury may happen by the wrong act of any other person, but it does not reduce the liability of the employer towards the employee (Lahe, 2011).
In the case of Cochrane v. Linda Manor, the court of law observed that if there is any accident happens it happens due to the negligence of both the parties, more or less both of them are responsible for the accident, so the party who has suffered more is entitled to get damages but the amount of damages shall be reduced by taking into consideration of his part of care that he would not have properly taken. But if the aggrieved person has taken all the due care then the other party is liable to pay damages for the loss suffered by the aggrieved party (Merrill, 2011).
In the case of Lai Chau v. Southstar Equity Limited Co. and Brookside Properties Inc, the court of law has observed that in case of an act of accident the aggrieved party is entitled to get damages but it is not absolute, as the reason of accident is that both the parties has made some mistakes and by virtue of that accident has occurred. Hence though the aggrieved party will get the damages but the amount of damages will be reduced but if it is noticed that the aggrieved party has taken due care then the aggrieved party shall be entitled to get the full amount of damages (Oliphant, 2012).
b) Under this particular scenario, the rule of vicarious liability does not come into action. The rule of vicarious liability applies when the loss or injury sufferer has suffered the loss or injury by doing any act in the course of the employment, then only the employer is liable to pay compensation to the employee. But here in this case, Marry has not suffered the loss in the course of her employment. She was not doing any job by virtue of her employment as she was standing in the bus stop; she was also not within the premises of her employee. Hence, her employer is not liable to pay any damages to Marry. In the case of Yewens v Noakes, the court of law observed that the employer is liable under the rule of vicarious liability, if the employee has suffered from any loss or injury in the course of the employment or by doing any act in relation to discharging any of the duties of employment. Otherwise no employer shall be liable under the rule of vicarious liability (O'Sullivan and Hilliard, 2004). Hence, with the reference of this case, though Marry has suffered from an injury but that injury has not occurred in the course of the employment, so Marry is not entitled to get any damages from her employer (Meyer, 2010).
Andrews, N. (2011). Contract law. Cambridge: Cambridge University Press.
Balfour v Balfour .
Brömmelmeyer, C. (2011). Principles of European Insurance Contract Law. European Review of Contract Law, 7(3).
Carlill v Carbolic Smoke Ball Co .
Cooke, P. (2007). Law of tort. Harlow: Longman.
Davidson, D. (2006). Dark tort. New York: William Morrow.
Elliott, C. and Quinn, F. (2007). Contract law. Harlow: Pearson Longman.
George, M., Bishop, S., Correspondent, V., Correspondent, V., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Bishop, S., Gonzales, R., Correspondent, V., Bishop, S., Gonzales, R., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V., Correspondent, V. and Correspondent, V. (2015). Home - Saint Lucia News From The Voice St. Lucia. [online] Saint Lucia News From The Voice St. Lucia. Available at: https://www.thevoiceslu.com/ [Accessed 26 Mar. 2015].
Gerven, W., Lever, J. and Larouche, P. (2000). Common law of Europe casebooks. Oxford: Hart Pub.
Giliker, P. and Beckwith, S. (2008). Tort. London: Sweet & Maxwell.
Grubb, A. (2002). The law of tort. London: Butterworths LexisNexis.
Grundmann, S. (2011). The Future of Contract Law. European Review of Contract Law, 7(4).
Koziol, H., Schulze, R. and Antoniolli, L. (2008). Tort law of the European Community. Wien: Springer.
Lahe, J. (2011). Punitive Damages in Estonian Tort Law?. Journal of European Tort Law, 2(3).
McKendrick, E. (2007). Contract law. Basingstoke: Palgrave Macmillan.
Merrill, T. (2011). Is Public Nuisance a Tort?. Journal of Tort Law, 4(2).
Meyer, L. (2010). Non-performance and remedies under international contract law principles and Indian contract law. Frankfurt am Main: P. Lang.
Oliphant, K. (2012). Cultures of Tort Law in Europe. Journal of European Tort Law, 3(2).
Oliphant, K. and Bagshaw, R. (2007). The law of tort. [London]: LexisNexis Butterworths.
O'Sullivan, J. and Hilliard, J. (2004). The law of contract. Oxford: Oxford University Press.
Rutgers, J. (2008). Free Movements and Contract Law. European Review of Contract Law, 4(3).
Stone, R. (2003). Contract law. London: Cavendish.
Turner, C. (2006). Contract law. London: Hodder Arnold.
Williams v Roffey Bros .
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