AGREEMENT AND CONTRACT

QUESTION

International Study Centre

University of Lincoln

Module: LAW FOR BUSINESS

ASSESSMENT ONE: CONTRACTS

Question One (20 marks)

Tasks: 1a) Describe the process of a Contract: Offer, Acceptance, Legal Relations and Consideration and what it means to both parties at each stage.

1b) In a contract, what are the Terms and Conditions, and at which stage might they occur? Give examples of what information might typically be included and how this relates to the contract.

1c) Explain how and when a counter offer might take place? Does a request for further information equate to being a counter offer? Is it correct to say that a counter offer actually reverses the roles of offeror and offeree, namely seller and buyer, as a counter offer is made by the original buyer and proposed to the seller to accept or reject?

1d) Explain what in Contract Law the words Sufficiency and Adequacy mean in relation to a contract.

1e) What is meant by Duress and Undue Influence, perhaps in the selling process or when someone is considering whether to accept an offer and enter into a contract?

Question Two (10 marks)

Task: You saw a store advertising Adidas trainers at half the usual price on television, and decided that you would like to buy a pair. This is known as an Invitation to Treat, explain what it means and how it is different compared to an offer.

Question Three (10 marks)

Discuss the implications of the term Exclusion of Liability and the reason for The Unfair Contract Terms Act 1977 (UCTA) and Unfair Terms in Consumer Contract Regulations 1999. If the contract terms attempt to exclude or limit one party’s liability for breach, misrepresentation or negligence, is this a fair, appropriate and reasonable. Give examples of ways in which a contract may seek to create such exclusion clauses and evaluate whether this is acceptable practice..

Question Four (10 marks)

In a Business to Business (B2B) environment, what is an Invitation to Tender and how does this relate to an Invitation to Treat or an Offer? Does it constitute a stage in the contract or is it leading up to a possible offer?

Question Five (10 marks)

With many products and services often being sold by description, particularly those bought at a distance including online, how would you explain Misrepresentation? How would you differentiate between fraudulent, negligent and innocent misrepresentation? At what point might something incorrect be considered to be a Mistake or Illegality?

Question Six (10 marks)

What wider protection is available to buyers under The Sale of Goods Act 1979, and how do you think this might help in this instance?

Question Seven (10 marks)

Describe how Tortious Liability differs from Contractual Liability when considering possible tort of negligence. Explain how if a claimant is able to prove that the defendant owed them a duty of care, that it has been breached, and a foreseeable type of damage has occurred then tort of negligence is likely to have been caused.

Question Eight (20 marks)

Scenario: A retailer needs to recruit several shop assistants for a busy summer season. When undertaking recruitment and selection its processes and HR staff need to be fully aware of the Employment Laws in respect of avoiding discrimination. Likewise, managers need to be made aware of changes in The Equality Act 2010 that extend to indirect as well as direct discrimination:

Tasks

8a): Give details of a typical Employment Contract and explain what details it would usually include.

8b) Select three main Acts intended to avoid discrimination and explain how these should help to make the appointment of new employees fairer. The Equality Act 2010 has been extended to cover both direct and indirect discrimination – explain the significance of this change in the scope of the Act and discuss how it might influence Equal Opportunity policies in the workplace.

8c) Describe what might constitute unfair or wrongful dismissal.

8d) In the event of an employee being dismissed without immediate effect, discuss what the significance of the contractual notice period would then have.

This work should be written in report format be referenced, with a bibliography, and be of approximately of 2,000. This Assignment One equates to 20% of total module marks. THIS IS AN INDIVIDUAL PIECE OF WORK, WHICH SHOULD BE ORIGINAL AND YOUR OWN WORK.

Submission: By 12.00 / 22 May 2012

SOLUTION

(a).  Any agreement made by the two people and is enforceable by law is known as a contract. A contract must consist an offer and acceptance by the parties entering into the contract. Every contract must contain four things: offer acceptance, consideration and intention to create a legal relationship. [Perry Z. Binder, 2011] There must be offer made by one person to another.  The person making the offer is known as offeror and the person receiving the offer is offerree. To constitute a contract the offer made by offeror must be accepted by the offerree for some consideration. Usually this is a money consideration.  We can not say every agreement a contract, for this it is equally important for the parties that they enter to the contract with the intention to create a legal relationship. (Administration of PNG v Leahy) This means that they must be entitled to receive legal compensation if any one of them breaches or fails to perform his part of the promise. Hence for the formation of a contract, offer acceptance and intention to create legal relationship is essential. (Australian wools mills Pty Ltd. v Common wealth) [Julie, 2011]

(b) In a contract, terms and conditions are the essential things which define how a contract will be implemented. Terms and conditions of a contract are also known as ‘Contractual terms’. Generally it is made under the contract of sale in   which it is described that what are the goods, what is the price, how they will be shipped and in which circumstance they are being sold and also  what will be the circumstances when they are not delivered to the buyer etc. In a nutshell, the entire requirement for a valid contract remains in the terms and conditions of a contract. Every term of a contract give rise to the obligation and breach of which will attract the litigations.  Generally terms and conditions of a contract are framed before formally entering into the contract or we can say that signing the papers of agreement by any of the party.

(c ) counter offer is an offer made subsequently in response of pre offer by a other party is a counter offer. A subsequent offer repudiates the previous offer and must be treated as a new offer and it requires the acceptance by the other party as this is the formation of a new contract. [Smithies, 2007] but mere request for further information is not a counter offer. (Steven v Mc Lean)     The counter offer reverse the role of offeror and the offeree because if the offeror accepts the offer made by offerree then the early offer will be extinguished and the new will be considered.

(d) The words adequacy and sufficiency are attached to the consideration part of the contract. The adequacy of consideration means there should be a free option of bargain. Courts are not bothered about the fact that whether the consideration is adequate or not but it gives option to the parties to bargain on an adequate consideration.  By sufficiency means legal suffiency of consideration, something of value must be given as consideration for promise.

(e) A contract can not be considered as a valid contract if it is supposed to be concluded under duress and undue influence. Duress means a contract made under threat of any kind. A duress makes a contract unenforceable as in case of Cumminmgs v Ince.  Courts held in many cases that a gross threat will only attract the Duress and not the simple pressure on the person entering into a contract. ( Skeate v Beale ) Undue influence is considered to be applied by the courts to make a contract invalid where the Duress does not apply. These are the situations where influence is not required in that contract. [In Brief, 2010]

2.  An invitation to treat means the invitation to other parties to make an offer to form a valid contract. It came from a latin Phrase “invitatio ad offeradum” which means inviting someone to offer. Like what we see at shops, the shopkeepers display their goods to be sold in a particular price, this offered price is not actually an offer but it is an invitation to treat. Advertisements are usually invitation to treat and not the offers, because in such advertisement, offer is made to the public at large and not to a particular person as held in the case of Carlill v carbolic Smoke Pvt. Co.) In US bidding is considered as an invitation to treat. These actions are different from the actual offer made by the offeror, because here the person who is selling the goods may refuse the request of the buyer to sell at the displayed price. There is scope of further negotiations.

3. According to the Act any term of a contract which is in any way creates imbalance of rights and responsibilities between the parties to the contract is known as unfair terms. Unfairness of the terms of contract is assessed before the contract being entered. Basically there are two kinds of clauses, limitation and exclusion clause. The exclusion clause may be included in to the contract which aims at excluding the liabilities of any party on the breach of contract or negligence.  These clauses are included in the terms of contract by signing over the contract papers known as incorporation. [Law Teacher, 2012] It depends upon the courts whether they allow the enforcement of an exclusion clause or not. Before deciding it the court has to go through tests related to it.  Court in the case of Olley v Marlborough court, held that the exclusion clause is too late to be incorporated.  These clauses may be related to the exemption from liability of any party on the basis of negligence, breach or misrepresentation. [In Brief, 2010] This is against the very nature of a contract which requires the fairness of the terms of contract. Unfair Contract trade Act 1977 serves as the remedy for these problems. The Act restricts the extent of exclusion from liabilities for negligence, breach of duty or indemnity under a contract.

4. Business to business (B2B) is the environment where the business is conducted between the big businesses and not with an individual. Here transactions are made between the trading partners and the big sized firms; this does not include the consumer relations. Hence this is the invitation send to some selected parties who are already been shortlisted. An invitation to tender may be a unilateral contract, where the terms and conditions are mentioned by the parties inviting the bidders, that they will accept the offer on such and such conditions. Now the bidders will make the offer as per their requirements and the party publishing the tender may accept the lowest possible bid for it.  It should also be noted that the tender document is not the document of contract but it is a template it needs to be tailored and made such to suit the specific procurement. [Mills and Reeve, 2010] a tender must be in accordance with the procurement laws for example, it must be fair, transparent and equal treatment to all. It is related to the invitation to treat also as it is also an invitation to make offers but the main difference is that invitation to treat exists in business to consumer contract  where the invitation is made to the public at large and invitation to tender in a Business to business  environment is only made to some selected bidders. But both of them may lead to a valid offer which may be accepted by the parties and result into a contract.

5. It is the duty of the Seller, manufacturer or the supplier to deliver the goods as per the description of good made before the sale. If it is not then seller or the manufacturer may be held liable for the goods not in accordance with it. Section 13 of Sale of goods Act, 1979, says that if a contract of sale of any goods and service is as per the description then it is implied that the goods or service should be in accordance with it.

6. Remedies of a buyer: when the seller fails from his duty to deliver the goods to the Buyer on time the buyers are entitled for remedies available to them under the Law. First of all if the seller wrongfully neglects or refuses to deliver the goods on time the buyer has the remedy to bring an action in the court of Law against the seller and demand for compensation for the loss he suffered due to the non delivery of goods at the agreed time. The damages will be measured as per the directly or indirectly loss suffered in ordinary course of business to any normal man.

The Buyer has the right to reject the goods if the goods which are delivered are not as per the description of the goods before entering into the contract of sale. He can do so as he thinks fit; he is not required to act reasonably. [ Ting Wai, 2007] Thirdly, a buyer has a remedy under the breach of warranty by the seller. He is not only entitled to reject the goods but he can also maintain a suit under the breach of warranty against the seller for the compensation of his loss. Buyer also has the right of specific performance where the seller fails to deliver the specific good or ascertained goods. Apart from the listed remedies, the buyer can also ask for the special damage on the ground of loss, if any, suffered by him. [Sale of goods Act, 1979]

7. Tort is a civil wrong where the liability arises when the harm is cause to other person because of the breach of duty of care or negligent act. This may arise against any person who may in no way related to you. On the other hand Contract is an agreement between two parties and the liability arises when the any term of the contract is breached or any part not performed. Contractual liability only arises against the people who are the parties of the contract and not the third party. The main difference between the two is that the contractual liability arises as the ‘result of Contract’ whereas the tortuous liability arises as a ‘result of Law’. [CourseWork Info, 2011]

For the tort of negligence, the person suffering loss because of the actions of the defendant, who owes the duty to care, may bring a suit for compensation. For any tortuous liability, it is sufficient for the defendant that he has the duty of care. The courts laid down three basic test for testing the presence of duty of care. First, where the consequences of the defendants act is reasonably foreseeable. For example, it is likely to cause damage. (Kent v Griffinths, 2000) second, that whether there is proximity between the parties or not i.e. legal relationship or physical. Thirdly the courts must be satisfied that the act of the defendant involves risk and the damage suffered by the claimant is very serious. [ Asif, 2012] For any claimant to succeed in his action it is sufficient to prove that there was lack of care on the part of defendant. The rule of res ipsa locuter will be applied.

8. (a)  An employment contract is a contract between the employee and the employer in which the terms of employments are mentioned. This may be expressly or impliedly made. Generally an employment contract is written for the high level of jobs where the senior employees have lot to lose if the relationship of employment does not work out. [Susan M. HeathField, 2012] An employment contract must include all the essentials required for the employment such as the working days and hours, the benefits and allowances offered by the employer etc.

(b) Equality Act 2010 came with the special purpose of removing the arrays in the previous existing statutes. Those statutes are Equal Pay Act 1970, Sex Discrimination Act 1975, Race relations Act 1976 and Disability discrimination Act 1995. The main purpose of the Act is to unify the legislation in England removing the Discrimination of any kind. [Trevor Phillips, ] The Act is extended to any kind of discrimination in employment irrespective of age, sex caste or color. The Act also covers the provision for equal pay for men and women.

( c ) when the employee is terminated from his employment without any reasonable cause or apart from any reason which is not mentioned in the employment contract, also without serving the termination notice, the dismissal may be called unfair and wrongful. For claiming the unfair dismissal, a person must be of one year or more employment. [Ibid.]

(d) It is required under the code that the employers must serve the employee a reasonable notice prior to termination. This notice will favour him in a way that he may search some other job.

References:

1. Perry Z. Binder, 2012, On Contracts, Viewed on 21^st May 2012 from http://www2.gsu.edu/~rmipzb/contracts.htm
2. Julie Clarke, 2011, Formation of Contract, viewed on 21^st May 2012 from http://www.australiancontractlaw.com/law/formation-agreement.html
3. Deborah Smithies, 2007, viewed on 21^st May 2012 from
4. In Brief, 2010, ‘What is Duress and Undue Influence in Contract Law’, viewed on 21^st May 2012 from http://www.inbrief.co.uk/contract-law/duress-undue-influence-in-contracts.htm
5. Law Teachers, 2012, exclusion and limiting clauses, viewed on 21^st may 2012 from http://www.lawteacher.net/contract-law/lecture-notes/exclusion-clauses-lecture.php
6. In Brief, 2010, ‘Exemption Clauses in Contract Law’ viewed on 21^st May 2012 from http://www.inbrief.co.uk/contract-law/exemption-clauses-in-contract.htm
7. Mills and Reeve, 2012, ‘Invitation to Tender’, viewed on 21^st May 2012 from http://www.procurementportal.com/invitationtotender/
8. LAI, Ting Wai, 2007, Sales of Goods: Remedies of buyer and Seller’ viewed on 21^st May 2012 from http://www.viperfusion.com/wordpress/wp-content/uploads/2008/11/commercial-law-remedies-of-seller-and-buyer.pdf
9. Asif Tufail, 2010, ‘The Tort of Negligence’, The Law Teacher, viewed on 21^st May2012 from http://www.lawteacher.net/PDF/Flowchart.pdf
10. Susan M. Heath field, 2012, ‘Employment Contract’, viewed on 21^st May 2012 from http://humanresources.about.com/od/glossarye/g/employment_contract.htm
11. Trevor Phillips, 2009, ‘Equality Act 2010 code of practice, Viewed on 21^st May2012 from http://www.equalityhumanrights.com/uploaded_files/EqualityAct/employercode.pdf

Statutes:

1. Sales of Goods Act 1979
2. Equality Act 2010

Case Laws:

1. Administration of PNG v Leahy, (HPH 203)
2. Australian wools mills Pty Ltd. v Common wealth, (1954) 92 CLR 424
3. Steven v Mc Lean,
4. Skeate v Beale [1840] 11 Ad & El 983
5. Carlill v carbolic Smoke Pvt. Co. [1892] 2 QB 484 (QBD)
6. Olley v Marlborough court [1949] 1 KB 532.
7. Kent v Griffinths [2000] 2 WLR 1158

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1.      

(a).  Any agreement made by the two people and is enforceable by law is known as a contract. A contract must consist an offer and acceptance by the parties entering into the contract. Every contract must contain four things: offer acceptance, consideration and intention to create a legal relationship. [Perry Z. Binder, 2011] There must be offer made by one person to another.  The person making the offer is known as offeror and the person receiving the offer is offerree. To constitute a contract the offer made by offeror must be accepted by the offerree for some consideration. Usually this is a money consideration.  We can not say every agreement a contract, for this it is equally important for the parties that they enter to the contract with the intention to create a legal relationship. (Administration of PNG v Leahy) This means that they must be entitled to receive legal compensation if any one of them breaches or fails to perform his part of the promise. Hence for the formation of a contract, offer acceptance and intention to create legal relationship is essential. (Australian wools mills Pty Ltd. v Common wealth) [Julie, 2011]

(b) In a contract, terms and conditions are the essential things which define how a contract will be implemented. Terms and conditions of a contract are also known as ‘Contractual terms’. Generally it is made under the contract of sale in   which it is described that what are the goods, what is the price, how they will be shipped and in which circumstance they are being sold and also  what will be the circumstances when they are not delivered to the buyer etc. In a nutshell, the entire requirement for a valid contract remains in the terms and conditions of a contract. Every term of a contract give rise to the obligation and breach of which will attract the litigations.  Generally terms and conditions of a contract are framed before formally entering into the contract or we can say that signing the papers of agreement by any of the party.  

(c ) counter offer is an offer made subsequently in response of pre offer by a other party is a counter offer. A subsequent offer repudiates the previous offer and must be treated as a new offer and it requires the acceptance by the other party as this is the formation of a new contract. [Smithies, 2007] but mere request for further information is not a counter offer. (Steven v Mc Lean)     The counter offer reverse the role of offeror and the offeree because if the offeror accepts the offer made by offerree then the early offer will be extinguished and the new will be considered.

(d) The words adequacy and sufficiency are attached to the consideration part of the contract. The adequacy of consideration means there should be a free option of bargain. Courts are not bothered about the fact that whether the consideration is adequate or not but it gives option to the parties to bargain on an adequate consideration.  By sufficiency means legal suffiency of consideration, something of value must be given as consideration for promise.

(e) A contract can not be considered as a valid contract if it is supposed to be concluded under duress and undue influence. Duress means a contract made under threat of any kind. A duress makes a contract unenforceable as in case of Cumminmgs v Ince.  Courts held in many cases that a gross threat will only attract the Duress and not the simple pressure on the person entering into a contract. ( Skeate v Beale ) Undue influence is considered to be applied by the courts to make a contract invalid where the Duress does not apply. These are the situations where influence is not required in that contract. [In Brief, 2010]

2.  An invitation to treat means the invitation to other parties to make an offer to form a valid contract. It came from a latin Phrase “invitatio ad offeradum” which means inviting someone to offer. Like what we see at shops, the shopkeepers display their goods to be sold in a particular price, this offered price is not actually an offer but it is an invitation to treat. Advertisements are usually invitation to treat and not the offers, because in such advertisement, offer is made to the public at large and not to a particular person as held in the case of Carlill v carbolic Smoke Pvt. Co.) In US bidding is considered as an invitation to treat. These actions are different from the actual offer made by the offeror, because here the person who is selling the goods may refuse the request of the buyer to sell at the displayed price. There is scope of further negotiations.

3. According to the Act any term of a contract which is in any way creates imbalance of rights and responsibilities between the parties to the contract is known as unfair terms. Unfairness of the terms of contract is assessed before the contract being entered. Basically there are two kinds of clauses, limitation and exclusion clause. The exclusion clause may be included in to the contract which aims at excluding the liabilities of any party on the breach of contract or negligence.  These clauses are included in the terms of contract by signing over the contract papers known as incorporation. [Law Teacher, 2012] It depends upon the courts whether they allow the enforcement of an exclusion clause or not. Before deciding it the court has to go through tests related to it.  Court in the case of Olley v Marlborough court, held that the exclusion clause is too late to be incorporated.  These clauses may be related to the exemption from liability of any party on the basis of negligence, breach or misrepresentation. [In Brief, 2010] This is against the very nature of a contract which requires the fairness of the terms of contract. Unfair Contract trade Act 1977 serves as the remedy for these problems. The Act restricts the extent of exclusion from liabilities for negligence, breach of duty or indemnity under a contract.

4. Business to business (B2B) is the environment where the business is conducted between the big businesses and not with an individual. Here transactions are made between the trading partners and the big sized firms; this does not include the consumer relations. Hence this is the invitation send to some selected parties who are already been shortlisted. An invitation to tender may be a unilateral contract, where the terms and conditions are mentioned by the parties inviting the bidders, that they will accept the offer on such and such conditions. Now the bidders will make the offer as per their requirements and the party publishing the tender may accept the lowest possible bid for it.  It should also be noted that the tender document is not the document of contract but it is a template it needs to be tailored and made such to suit the specific procurement. [Mills and Reeve, 2010] a tender must be in accordance with the procurement laws for example, it must be fair, transparent and equal treatment to all. It is related to the invitation to treat also as it is also an invitation to make offers but the main difference is that invitation to treat exists in business to consumer contract  where the invitation is made to the public at large and invitation to tender in a Business to business  environment is only made to some selected bidders. But both of them may lead to a valid offer which may be accepted by the parties and result into a contract.

5. It is the duty of the Seller, manufacturer or the supplier to deliver the goods as per the description of good made before the sale. If it is not then seller or the manufacturer may be held liable for the goods not in accordance with it. Section 13 of Sale of goods Act, 1979, says that if a contract of sale of any goods and service is as per the description then it is implied that the goods or service should be in accordance with it.

6. Remedies of a buyer: when the seller fails from his duty to deliver the goods to the Buyer on time the buyers are entitled for remedies available to them under the Law. First of all if the seller wrongfully neglects or refuses to deliver the goods on time the buyer has the remedy to bring an action in the court of Law against the seller and demand for compensation for the loss he suffered due to the non delivery of goods at the agreed time. The damages will be measured as per the directly or indirectly loss suffered in ordinary course of business to any normal man.

The Buyer has the right to reject the goods if the goods which are delivered are not as per the description of the goods before entering into the contract of sale. He can do so as he thinks fit; he is not required to act reasonably. [ Ting Wai, 2007] Thirdly, a buyer has a remedy under the breach of warranty by the seller. He is not only entitled to reject the goods but he can also maintain a suit under the breach of warranty against the seller for the compensation of his loss. Buyer also has the right of specific performance where the seller fails to deliver the specific good or ascertained goods. Apart from the listed remedies, the buyer can also ask for the special damage on the ground of loss, if any, suffered by him. [Sale of goods Act, 1979]

7. Tort is a civil wrong where the liability arises when the harm is cause to other person because of the breach of duty of care or negligent act. This may arise against any person who may in no way related to you. On the other hand Contract is an agreement between two parties and the liability arises when the any term of the contract is breached or any part not performed. Contractual liability only arises against the people who are the parties of the contract and not the third party. The main difference between the two is that the contractual liability arises as the ‘result of Contract’ whereas the tortuous liability arises as a ‘result of Law’. [CourseWork Info, 2011]

For the tort of negligence, the person suffering loss because of the actions of the defendant, who owes the duty to care, may bring a suit for compensation. For any tortuous liability, it is sufficient for the defendant that he has the duty of care. The courts laid down three basic test for testing the presence of duty of care. First, where the consequences of the defendants act is reasonably foreseeable. For example, it is likely to cause damage. (Kent v Griffinths, 2000) second, that whether there is proximity between the parties or not i.e. legal relationship or physical. Thirdly the courts must be satisfied that the act of the defendant involves risk and the damage suffered by the claimant is very serious. [ Asif, 2012] For any claimant to succeed in his action it is sufficient to prove that there was lack of care on the part of defendant. The rule of res ipsa locuter will be applied.

8. (a)  An employment contract is a contract between the employee and the employer in which the terms of employments are mentioned. This may be expressly or impliedly made. Generally an employment contract is written for the high level of jobs where the senior employees have lot to lose if the relationship of employment does not work out. [Susan M. HeathField, 2012] An employment contract must include all the essentials required for the employment such as the working days and hours, the benefits and allowances offered by the employer etc.

(b) Equality Act 2010 came with the special purpose of removing the arrays in the previous existing statutes. Those statutes are Equal Pay Act 1970, Sex Discrimination Act 1975, Race relations Act 1976 and Disability discrimination Act 1995. The main purpose of the Act is to unify the legislation in England removing the Discrimination of any kind. [Trevor Phillips, ] The Act is extended to any kind of discrimination in employment irrespective of age, sex caste or color. The Act also covers the provision for equal pay for men and women.

( c ) when the employee is terminated from his employment without any reasonable cause or apart from any reason which is not mentioned in the employment contract, also without serving the termination notice, the dismissal may be called unfair and wrongful. For claiming the unfair dismissal, a person must be of one year or more employment. [Ibid.]

(d) It is required under the code that the employers must serve the employee a reasonable notice prior to termination. This notice will favour him in a way that he may search some other job.

References:

1.     Perry Z. Binder, 2012, On Contracts, Viewed on 21^st May 2012 from http://www2.gsu.edu/~rmipzb/contracts.htm

2.     Julie Clarke, 2011, Formation of Contract, viewed on 21^st May 2012 from http://www.australiancontractlaw.com/law/formation-agreement.html

3.     Deborah Smithies, 2007, viewed on 21^st May 2012 from

4.     In Brief, 2010, ‘What is Duress and Undue Influence in Contract Law’, viewed on 21^st May 2012 from http://www.inbrief.co.uk/contract-law/duress-undue-influence-in-contracts.htm

5.     Law Teachers, 2012, exclusion and limiting clauses, viewed on 21^st may 2012 from http://www.lawteacher.net/contract-law/lecture-notes/exclusion-clauses-lecture.php

6.      In Brief, 2010, ‘Exemption Clauses in Contract Law’ viewed on 21^st May 2012 from http://www.inbrief.co.uk/contract-law/exemption-clauses-in-contract.htm

7.     Mills and Reeve, 2012, ‘Invitation to Tender’, viewed on 21^st May 2012 from http://www.procurementportal.com/invitationtotender/

8.     LAI, Ting Wai, 2007, Sales of Goods: Remedies of buyer and Seller’ viewed on 21^st May 2012 from http://www.viperfusion.com/wordpress/wp-content/uploads/2008/11/commercial-law-remedies-of-seller-and-buyer.pdf

9.     Asif Tufail, 2010, ‘The Tort of Negligence’, The Law Teacher, viewed on 21^st May2012 from http://www.lawteacher.net/PDF/Flowchart.pdf

10.  Susan M. Heath field, 2012, ‘Employment Contract’, viewed on 21^st May 2012 from http://humanresources.about.com/od/glossarye/g/employment_contract.htm

11.  Trevor Phillips, 2009, ‘Equality Act 2010 code of practice, Viewed on 21^st May2012 from http://www.equalityhumanrights.com/uploaded_files/EqualityAct/employercode.pdf

Statutes:

1.      Sales of Goods Act 1979

2.      Equality Act 2010

Case Laws:

1.     Administration of PNG v Leahy, (HPH 203)

2.     Australian wools mills Pty Ltd. v Common wealth, (1954) 92 CLR 424

3.     Steven v Mc Lean,

4.     Skeate v Beale [1840] 11 Ad & El 983

5.     Carlill v carbolic Smoke Pvt. Co. [1892] 2 QB 484 (QBD)

6.     Olley v Marlborough court [1949] 1 KB 532.

7.     Kent v Griffinths [2000] 2 WLR 1158