Unit – 5 Aspect of Contract & Negligence for Business

Victoria University College

Assignment Front Sheet

Qualification Unit Number and Title
Pearson BTEC Level 4 HND Diploma Business Unit – 5 ; Aspect of Contract & Negligence for Business
Student Name Assessor Name
Date Issued Completion Date Submitted On
1st November 2014 31 January 2015

 

Assignment Title Establishing and carrying out business in Myanmar

 

Learning Outcome No. Learning Outcomes Assessment Criteria No. Assessment Criteria for Pass Task No. Documents
LO-1 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  

1

 
1.2 Discuss the impact of different types of contract 1  
1.3 Analyze terms in contract with reference to their meaning and effect 1  
LO-2 Be able to apply the elements of a contract in business situation 2.1 Apply the elements of contract in given business scenarios 2  
2.2 Apply the law on terms in different contracts 2  
2.3 Evaluate the effect of different terms in given contracts 2  
LO-3 Understand principles of liability in negligence in business activities 3.1 Contrast liability in tort with contractual liability 3  
3.2 Explain the nature of liability in negligence 3  
3.3 Explain how a business can be vicariously liable 3  
LO-4 Be able to apply principles of liability in negligence in business situations 4.1 Apply the elements of the tort of negligence and defenses in different situations 4  
4.2 Applying the elements of vicarious liability in given business situations 4  

 

Learner’s Declaration
–          I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.

 

 

 

Student signature :                                                      Dated :

 

 

 

Grade Description

Pass grade
A pass grade is achieved by meeting all the requirements defined in the assessment criteria for pass for each unit.

 

Merit grade  
Grade Descriptions Indicative characteristic  
M1

 

Identify and apply strategies to find

appropriate solutions

an effective approach to study and research has been applied To achieve M1, the learner has to states detail legal provisions and judicial precedents.

(Task 1, LO-1.1)

M2

 

Select/design and apply appropriate

methods/techniques

relevant theories and techniques have been applied To achieve M2, the learner has to apply the principles of the law of contract and other relevant laws. (Task 2, LO-2)
M3

 

Present and communicate

appropriate findings

the appropriate structure and approach has been used To achieve M3, the learner has to draft contracts with precise formalities.

(Task 2, LO-2)

11

Distinction Grade
Grade Descriptions Indicative characteristic
D1 Use critical reflection to evaluate own work and justify valid conclusions ·   Conclusions have been arrived at through synthesis of ideas and have been justified.

·   Realistic improvements have been proposed against defined characteristics for success

To achieve D1, the learner shall present at least two scenarios which reflect the practical situation and shall compare the scenarios with judicial scenarios

(Task 3, LO-3.1)

D2 Take responsibility for managing and organizing activities activities have been managed This grade will be rewarded upon overall report, formats creativity and style of writings for the Assignment.

(Task 1,2,3,4)

D3 Demonstrate convergent/lateral/

creative thinking

problems have been solved To achieve D3, the learner has to draw legal and valid conclusions for the scenarios given in the task 4 through legal provisions and judicial precedents

(Task 4, LO-4.2).

 

 

 

 

 

 

Assignment Brief

Unit Number and Title Unit – 5 : Aspect of Contract and Negligence for Business
Qualification Pearson BTEC Level 4 HND Diploma in Business
Start date 1 November 2014
Deadline 31st January 2014
Assessor

 

Assignment Title Establishing and carrying out business in Myanmar
Purpose of the Assignment

People make different sort of agreements between themselves from day to day ranging from ordinary sales of goods and social matters up to international commercial agreements and future establishment of business. The Law of Contract 1872 is the core law describing basic elements and requirements for almost all kinds of contract. There are other statutory laws which set out the standard and restrictions for some particulars contract in certain areas, such as appointment of local employee mentioned in “the Foreign Investment Law 2012.” Thus the learner may have to try to understand not only the principles of the law of contract but also other relevant which influencing the business and commercial contracts through this assignment

Although there are numerous laws governing the business and commercial contracts, there always arise situations which is breaching the terms of contract. Negligence is one of the factors that will give rise an action for aggrieved party. Negligence is the branch of the law of tort, the former primarily deal with specific nature of legal remedies for damage done by carelessness and the later deals with general nature of legal remedies resulting substantively from civil wrongs and criminal wrongs. Learners will able to understand different levels of duty of care, remoteness of damage and remedies. They will also be able to handle the issues regarding the legal wrong involving negligence in business transactions by completing this assignment.

Scenario

As a result of recent political changes, Myanmar becomes one of the major places that offer open market. So, there are a number of foreign entrepreneurs willing to co-operate with local business in order to invest in Myanmar. And also, there are some Myanmar citizens who wish to make business dealing between them. Among them, followings persons present before you and submit their wants.

a)      Mr. Arthur, a foreign investor, who would like to establish computer hardware manufacturing business in Myanmar, want a U Ba to import construction materials and production material to Myanmar on behalf of him from a French Company, named “Clement”.

b)      U Hla Maung, a Myanmar entrepreneur, would like to buy a land which situated in no.10, Moe Goke street, Ward 9, New Dagon Township, Yangon. The land involved 2 two stories concrete warehouse which has capabilities to store flammable things with 2 industrial electric meters and public water system. But the land is currently resides by a family who have taken responsibilities for safety of the warehouse under the authority of the Seller, U Tun Tin.

c)      Dr. Dennis, an English Learned scholar who is running the University of Earl in London, wants to establish education service as a branch of his University together with Dr. Tin Moe in Mandalay. Their intention is to provide under-graduate and post graduate diplomas and degrees for Business, Managing Human Resources, Financial Marketing and Laws and they also want to provide training facilities for the courses.

d)      Mr. Kim, the C.E.O of the one of the largest Korean textile manufacturing companies, is now establishing a textile factory in Wan Dwin. The factory will requires around 800 employees to run at full strength. Most of the employee will be female. He also wants to employ minor kids in order to achieve future efficient labor forces

e)      Shwe Pyi Thit is a manufacturing company limited producing and distributing all kinds of furniture throughout Myanmar. The Company wants to expend their commercial achievements to South East Asian Countries but it has limited financial resources. It possesses two factories in Industrial Zone-1 which worth market value of 100,000,000 USD for each and a warehouse in Industrial Zone 2 which worth 50,000 USD. So they would like to pledge their properties to ABC Bank and request for financial assistant.

 

Task – 1 : Advice Memo LO-1 (1.1 / 1.2 / 1.3 ) (M1) (D2)
 

P1.1. Explain the importance of the essential elements required for the formation of a valid contract. (M1)

P1.2. Discuss the impact of different types of contract.

P1.3. Analyze terms in contract with reference to their meaning and effect.

 

Clients mentioned in the above scenario want to have written documents explaining about the topic they wish to understand. So, you have to write advisory memos about the following topics;

(a)    Essential elements of valid contract and classification of contract

(b)   Different types & classifications of contract

(c)    Conditions, warranties, General and legal terms of the contracts

(d)   Remedies for breach of contract

 

Task – 2 : Drafting Contract LO -2 (2.1 / 2.2 / 2.3) (M2) (M3) (D2)
 

P2.1. Apply the elements of contract in given business scenarios.

P2.2. Apply the law on terms in different contracts. (M2)                

P2.3. Evaluate the effect of different terms in given contracts.

 

Read carefully about the desires of the clients mentioned in the above scenario, and then draft a contract for each situation. It is important to make sure in each contract that it contains legal terms and practical terms; shall be made in appropriate format; duly filled up and flawlessness from both legal and practical the point of views.

 

Task – 3 : Prompt Notes LO-3 (3.1 / 3.2 / 3.3) (D1) (D2)
 

P3.1. Contrast liability in tort with contractual liability. (D1)

P3.2. Explain the nature of liability in negligence. (D1)

P3.3. Explain how a business can be vicariously liable. (D1)

The clients mentioned in the above scenario want to make no mistake while carrying out of their own business. They also want to protect from fault of other and third parties. So, they would like you to explain about the followings;

(a)    Differences between tort and negligence under the lights of laws and explaining about employers liabilities

(b)   Scope of negligence, extend of liability and remoteness of damage

Task – 4 : Solving Problems LO-4 (4.1 / 4.2 ) (D2) (D3)
P4.1. Apply the elements of the tort of negligence and defenses in different situations (D3)

P4.2. Applying the elements of vicarious liability in given business situations

Read carefully about the following scenario and gives solutions with judicial decisions and comments

(a)    Kyaw Kyaw purchased a pack of potatoes chips, named “PP” and eats it. While eating, he thought that it was not in good condition for consumption and found that there is a dead cockroach in it. He then vomit and get food poisoned.  He want to sue “PP” for negligence, advice him.

(b)   U Ba is a raw material provider for a very massive highway road project. His job is to provide demolishing and cutting stones and the production place is covered with dust and dirt all the time. U Hla Zaw, an electric power generator vendor, is a close business partner of U Ba. U Ba asked U Hlaw Zaw that he need a very powerful generator to run his demolishing and cutting stones process. U Hla Zaw provides what U Ba asked for; but the generator requires open sites and fresh air in order to operate properly. When the generator was placed and run for 2 days, it broke down and cannot be repaired. Discuss about claims U Ba could make and defending position of U Hla Zaw.

(c)    Mr. Franklin is working for ABC bank for several years as an accountant. Mrs. Kidman, a well known investor, brought a large portion of the shares of ABC bank upon the potential financial success of it through the audit reports of the Mr. Franklin. After 6 month of the Bank’s shares dealing, its banking license was suspended for several months due to accusations of the money laundering. She wants to sue him for negligence. Advice.

(d)   Mr. Kumar, an Indian musician who has a wife and 4 kids wants to reside in Manchester. As a new comer to England and a famous musician, he’s got a lot of visitor. So the house he lives becomes too crowded. He doesn’t want to annoy any of his neighbors and want a favour from his landlord. Advice him about his liability as an occupier.

 

Sources of Information

 

1.                  Dennis Keenan, Smith and Keenan’s English Law, 8th edition, 1986, English Language Society/Pitman.

2.                  Dennis Keenan, Smith and Keenan’s Advanced Business Law, 10th edition, 1997, Pitman Publishing.

 

 

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Assignment Summary

Qualification Pearson BTEC Level 4 HND Diploma in Business Assessor Name U Tet Nay Tun
Unit number and Titles Unit 5 : Aspect of Contract and Negligence for Business Student Name  

 

Assignment & Title Aspects of Contract and Negligence for Business

 

Task Number  

 

 

Criteria Reference To achieve the criteria the evidence must show that the student is able to Achieved?

(tick)

LO-1
1.1 Explain the importance of the essential elements required for the formation of a valid contract
1.2 Analyzing the different types of contract and categorizing various types of contracts in practice
1.3 Ability to analyze terms in contracts with reference to their meaning and effects
LO-2
2.1 Applying the elements of contract in given business scenarios
2.2 Applying the legal & valid terms in different contracts
2.3 Evaluating the effect of different terms in given contracts
LO-3
3.1 Effective legal comparison between tort and negligence
3.2 Analyzing and defining different standard of duty and remoteness of damage
3.3 Explain how a business can be vicariously liable
LO-4
4.1 Applying the elements of the tort of negligence and defenses in different situations
4.2 Applying the elements of vicarious liability in given business situations

 

Higher Grade Achievement (Where Application)
Grade Description Achieved?

(tick)

Grade Description Achieved?

(tick)

M1 Identify and apply strategies to find appropriate solutions   D1 Use critical reflection to evaluate own work and justify valid conclusions  
M2 Select/design and apply appropriate methods/ techniques   D2 Take responsibility for managing and organizing activities  
M3 Present and communicate

appropriate findings

  D3 Demonstrate convergent/lateral/

creative thinking

 

 

 

 

 

 

 

 

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