Banking Academy of Vietnam

Assignment Front Sheet

Qualification

Unit Code / Unit number and title

Pearson BTEC Level 5 HND Diploma in Business

(Accounting)

Y/601/0563
Unit 5: Aspects of Contract and Negligence for
Business

Student name (vn)

Student name (en)

Student ID

Assessor name

Nguyen Thuy Linh

(Dorothy)

Dorothy

S09-004

John M. Andre

Date issued

Hand in deadline

Submitted on

10 September 2016

20 October 2016

20 October 2016

Assignment title

Contracts

In this assessment you will have opportunities to provide evidence against the following criteria.
Indicate the page numbers where the evidence can be found.

Learnin
g
Outcom
e

LO1

LO2

In this assessment you

Learning Assessmen will have the opportunity
outcome
t Criteria
to present evidence that
shows
are able
to:
Explain
theyou
importance
of the
Understand
the essential
elements of a
valid contract
in a business
context

Be able to
apply the
elements of a
contract in
business
situations

1.1
1.2

Tas
k
no.

essential elements required for

the formation of a valid contract
Discuss the impact of different
types of contract

Evidence
(Page no)

1
2

1.3

Analyse terms in contracts with

reference to their meaning and
effect

2.1

Apply the elements of contract

in given business scenarios

2.2

Apply the law on terms in

different contracts

2.3

Evaluate the effect of different

terms in given contracts

Student declaration
I certify that the work submitted for this assignment is my own. I have clearly referenced any sources
used in the work. I understand that false declaration is a form of misconduct.

Date: 19 October 2016

Student signature:

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In addition to the above PASS criteria, this assignment gives you the
opportunity to submit evidence in order to achieve the following MERIT
and DISTINCTION grades
Grade Descriptor
M1 Identify and apply
strategies to find
appropriate solutions

Indicative
characteristic/s
An effective approach to
study and research has been
applied.

Contextualisation
To achieve M1, you will have participated
actively (showing you have done the
recommended reading) during in-class
discussions.
(Task 5)

M2 Select / design
and apply appropriate
methods / techniques

M3 Present and
communicate
appropriate findings

The appropriate structure and

approach has been used.

D1 Use critical
reflection to evaluate
own work and justify
valid conclusions

Self-criticism has been shown

regarding analysis and
recommendations.

D2 Take responsibility
for managing and
organising activities

Activities have been

managed.

D3 Demonstrate
convergent / lateral /
creative thinking

Innovative and creative

thought have been applied.

To achieve M3, you will have presented

the report in a professional manner
(proper formatting, proper use of
referencing, depending only on accepted
academic references and avoided
referencing any public websites, using a
proper structure, using persuasive
arguments, etc.) and appropriate for
those familiar and unfamiliar with the
subject of contracts.

(Task 5)
To achieve D1, you will have evaluated
your judgements against existing UK or
Commonwealth case law.

(Task 5)
To achieve D2, you will have included
evidence of relevant, wide reading of
academic sources within your report.

(Task 5)
To achieve D3, you will have used
innovative and creative thought with
regards to arguments and counterarguments.

(Task 5)

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Assignment Brief
Qualification

Pearson BTEC Level 5 HND Diploma in Business (Accounting)

Unit number and title

Unit 5: Aspects of Contract and Negligence for Business

Assessor name

John M. Andre

Date issued

10 Sept 2016

Hand in deadline

20 October 2016

Assignment title

Contracts

Scenario The Car

On 2 September 2016 Tony walked into Car Max in London to purchase a
used car. He was surprised to see his sister, Suzi, working there. The two
had not seen each other in years because Tony had been traveling around
the world.
Tony and Suzi sat down and were talking. Suzi said that she had been
selling cars for 3 years now and enjoys the work. Tony said he could use
her help. After a long discussion, Tony said I would love to get that 2010
Porsche 911. Is it in good shape mechanically?
Suzi responded, The car runs like new and you can see it looks amazing!
Since youre only 17, do you have a drivers license?
Tony said, Yes, here it is. Plus, Ill be 18 in one week. You should come to
my birthday party.
Suzi said, Great. Well, the car is 30,000. Do you have that much money?
Tony said, No, but can I make payments?
Suzi said, Yes, it will be 970 per month for 60 months with no money
down.
Tony said, OK, Ill take it.
That day, Tony drove home in his 2010 Porsche 911. He was so happy.
One month later, two weeks after his birthday party, Tony received his first
notice to make his payment of 970. He decided that the car was great
but, actually, it was not for him. He preferred to ride his bicycle around and
save the 970 per month. On 16 September 2016, Tony called his sister to
tell her he was going to return the car.

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His sister said she was not authorized to approve that and Tony must talk
with Suzis manager, Frank.
When Tony called Frank, Frank said Look, Tony. You bought the car already.
It is yours. It became yours when you took delivery of the car which means
when you drove it off the car lot. Now, youre an owner and you must take
responsibility for your purchase. You must now pay 970 per month for 60
months.
Tony is sad and does not know what to do.
Task 1 (LO 1: 1.1)
What are the most important elements when determining if a contract
exists between two parties? Which are required? What tests do the courts
use for each element to decide if it is present?
Task 2 (LO 1: 1.2)
Explain the differences between the following types of contract and how
they each could impact The Car case.

Valid

Voidable

Void

Task 3 (LO 1: 1.3)

Explain the similarities and difference between these three terms of
contract:

expressed orally

implied in law

implied by trade usage

Task 4 (LO 2: 2.1)

Identify if all the necessary elements are there in The Car case above to
form a contract. Show how the tests you included in Task 1 would be applied

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to this case.
Task 5 (LO 2: 2.2, 2.3; M1, M3, D1, D2, D3)
Identify what implied terms are present in The Car case. What is the impact
of these implied terms?
Identify what conditions or warranties exist in The Car case. What is the
impact of these terms?
To achieve M1, you will have participated actively (showing you have done
the recommended reading) during in-class discussions.
To achieve M3, you will have presented the report in a professional manner
(proper formatting, proper use of referencing, depending only on accepted
academic references and avoided referencing any public websites, using a
proper structure, using persuasive arguments, etc.) and appropriate for
those familiar and unfamiliar with the subject of contracts.
To achieve D1, you will have evaluated your judgements against existing UK
or Commonwealth case law.
To achieve D2, you will have included evidence of relevant, wide reading of
academic sources within your report.
To achieve D3, you will have used innovative and creative thought with
regards to arguments and counter-arguments.

Evidence
checklist

Summary of evidence required by student

Task 1

Explanation of tests related to elements of contract

Task 2

Comparison of types of contract

Task 3

Comparison of different terms of contract

Task 4

Identification of the presence of elements of contract

Task 5

Identification of the presence and impact of implied terms, conditions

and warranties

PRESENTATION

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Evidence
presented

Banking Academy of Vietnam

1. The assignment should have a cover page that includes the assignment
title, assignment number, course title, module title, Lecturer name,
students name and students ID.
2. This is an individual assignment.
3. You are to submit the assignment in the electronic submission system and
also email your report (to Students@JohnMAndre.com) before the
submission deadline in .DOCX format with the filename ACNB_A1_F01001.docx (where F01-001 is your student ID). Failure to properly submit
may cause you to fail all outcomes.
4. A fully typed up professionally presented document. Use 12 point Calibri
font.
5. Your assignment should not exceed 2,500 words in length.
6. Word count limit includes only the introduction, body, and conclusion.
7. Assignment should include an executive summary.
8. The assignment should contain a list of any references used in the report.
9. Use the Harvard referencing system and standard law/regulation/case
referencing.

NOTES TO STUDENTS FOR SUMMISSION

Check carefully the submission date and the instructions given with the
assignment. Late assignments will not be accepted.

Ensure that you give yourself enough time to complete the assignment by
the due date.

Do not leave things such as printing to the last minute excuses of this
nature will not be accepted for failure to hand-in the work on time.

You must take responsibility for managing your own time effectively.

If you are unable to hand in your assignment on time and have valid
reasons such as illness, you may apply (in writing) for an extension.

Failure to achieve a PASS grade will results in a REFERRAL grade being

given.

Take great care that if you use other peoples work or ideas in your
assignment, you properly reference them in your text and any
bibliography.

NOTE: If you are caught plagiarizing, the University policies and

procedures will apply.

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Achievement Summary
Qualification

Pearson BTEC Level 5 HND

Diploma in Business
(Accounting)

Assessor
name

Unit Number
and title

Unit 5: Aspects of Contract and

Negligence for Business

Student name

Criteria
Reference

John M. Andre

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

Discuss the impact of different types of contract

1.3

Analyse terms in contracts with reference to their meaning and

effect

LO 2
2.1

Apply the elements of contract in given business scenarios

2.2

Apply the law on terms in different contracts

2.3

Evaluate the effect of different terms in given contracts

Higher Grade achievements (where applicable)

Grade descriptor

Achieved
?
(tick)

Grade descriptor

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
organising activities

M3: Present and communicate

appropriate findings

D3: Demonstrate
convergent/lateral
/creative thinking

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Achieved
?
(tick)

Banking Academy of Vietnam

Assignment Feedback
Formative Feedback: Assessor to Student

Action Plan

Summative feedback

Feedback: Student to Assessor

Assessor Signature

Date

Student Signature

Date

FOR INTERNAL USE ONLY

VERIFIED
DATE

YES

NO

: .................................................................

VERIFIED BY : .................................................................
NAME

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: .................................................................

Banking Academy of Vietnam

Table of Contents
Introduction............................................................................................................................10
(Task 1) Explain the importance of the essential elements required for the formation of a
valid contract........................................................................................................................11
(Task 2) Discuss the impact of different types of contract...................................................14
(Task 3) Apply the elements of contract in given business scenarios Analyse terms in
contracts with reference to their meaning and effect............................................................16
(Task 4) Apply the elements of contract in given business scenarios..................................18
(Task 5) Apply the law on terms in different contracts and evaluate the effect of different
terms in given contracts........................................................................................................20
Conclusion...............................................................................................................................23
Reference.................................................................................................................................24

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Introduction
Contract plays an essential part of every business transactions. Business contracts typically
include a negotiation process in which various terms to which each party must abide are
stipulated. The assignment is divided into three main parts. The first part discusses about the
essential elements of a valid contract, the second part discuss the impact of different types of
contract and the last one demonstrates the theories applications of these term of contract in
given business situation. This assignment will help me connect theory to practice by applying
in The Car case.

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(Task 1) Explain the importance of the essential elements required for the formation of
a valid contract.
First of all, a contract may be defined as an agreement which legally binds the parties
(BPP Learning Media, 2010).
The most important elements when determining if a contract exists between two parties
1.1.1

are consideration, intention to create legal relations, capacity and an agreement.

An agreement (Offer and Acceptance)
Offer and acceptance analysis is a traditional approach of using contract law to
determine an agreement exists between the two parties.
Offer
An offer is an important first step in the formation of the contract. A communication will
be treated as an offer if it indicates the terms on which the offeror is prepare to make a
contract and give a clear indication that the offeror in tends to be bound by those tern if
they are accepted by the offeree (Elliot and Quinn, 2009).
For the test used by the courts to decide:
- An offer must be distinguished from mere willingness to contract or negotiate.
- Offer to show clearly the intention of entering into contracts.
- The content of the offer must always be specific and enough precise.

Acceptance

Acceptance of an offer means unconditional agreement to all the term of that offer (Elliot
and Quinn, 2009). It is know that an acceptance can be seen as the confirmation of the
offeror towards the offeree.
For the test used by the courts to:

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- The offeree must accept the whole, absolutely and unconditionally to the contents of
the proposal into a contract.
- Answer to accept the offer must be presented in specific writing, behavior or words.
- The offeree can reply to accept the offer any given time, provided that before the end of
the deadline for reply if such offers to have fixed the deadline for reply.
Offer and acceptance not always need to be expressed verbally or in writing. An implied
contract is one in which some of the terms are not expressed in words.
1.1.2 Consideration
Consideration is usually describes as being something which represent either some
benefit to the person making a promise (the promisor) or some detriment to the person to
whom the promise is made (the promisee), or both (Elliot and Quinn, 2009).
Some test the court can use for consideration to decide:
- Consideration must be sufficiency but no need to adequacy, this means that the
consideration need not have the same value to the parties to the contract, but it must be
still have some value to the parties involved to contract.
- Consideration in contract, each party must exchange something with the other side in
order to determine. When contract has consideration means two parties also have
something that they wish and must give up something for that.
1.1.3 Intention to create legal relations
An agreement will only become a legally binding contract if the parties intend this to be
so. This will be strong presumed in the case of business agreement but presumed
otherwise if the agreement is of a friend, social or domestic nature (BPP Learning Media,
2010).
The courts apply one of two rebuttable presumptions to a case:

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Social, domestic and family arrangement are an agreement between husband and wife,
other family member and also between who have a close relationship of some form but
not related to each other.
Commercial agreements, when business people take part in commercial agreements, they
also intention to participate in legal relations.
For the test, the court may examine whether it is
- Close relationship (social, domestic and family).
- Commercial agreements.
Social, domestic and family arrangements are not usually intended to be biding but
Commercial agreements are usually intended by the parties involved to be legally
binding.
1.1.4

Capacity

Capacity refers to the fact that the law regards some groups as being unable to enter into
binding contractual arrangements, because they might not be in a position to fully
understand the agreement they have entered into (BPP Learning Media, 2010). There are
some kinds of party whose capacity is limited such as: minors, people suffering from a
mental ill and corporation.
The court can test capacity to decide:
The people who participation a contract do not have civil act capacity
- Minor (under 18)
- Minors have full capacity only for necessities.
- Mental ill.

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=> These people will not have enough awareness and the unfulfilled understanding and
awareness about the contract law to make a contract. Without capacity and good
condition, there is no valid contract because nobody can force them to keep a promise so
the judge cannot jump in to enforce the agreement.

(Task 2) Discuss the impact of different types of contract.

A contract which affected by such "vitiating factors" may be void, voidable and
unenforceable (BPP Learning Media, 2010). Some of the parties link completely, while
others are not. The terms of the contract determine whether a contract can be fully
executed. Here are some different types of contracts:
1.1.5

Valid contract

A valid contract is an agreement which legally binds the parties to it. A valid contract
must have to three essential elements to make a contract: offer, acceptance and
consideration.
In the Car case, if the contract of buy a car between Tony and Car Max is valid contract.
Tony cannot return the car, he must to pay back payments he missed and must to
continue making payment for this car.
1.1.6

Void contract

A void contract is not a contract at all. The parties are not bound by it and if they transfer
property under it they can sometimes recover their goods even from third party (BPP
Learning Media, 2010). Generally, the invalidity will be considered only, if it is referred
by making an objection against the other party or bringing a legal action in court.

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There are many causes for the contract to be disabled. Example, the contract invalidated
does not comply with the conditions set by the law in effect the provisions and do not
have essential elements required for the formation so it have no legal value.
Furthermore, void contracts are those contracts were unlawful terms, infringe upon the
interests of the state or public interests and contract is false, deceptive etc. If the Car
case is void contract, Tony does not need to pay money and must return the car.
1.1.7

Voidable contract

A voidable contract is a contract which one party may avoid, that is terminating, at his
opinion (BPP Learning Media, 2010). Voidable contracts also include those entered into
by a person who lacks capacity or by a person who entered into the contract under duress
or undue influence. A minor can be bound by the contract is a contract to provide the
basic necessities. Necessities are interpreted as including not just the supply of necessary
goods and services, but also contract of service for the minors benefit (Elliot and Queen,
2009).
The Car case in here is voidable contract because Suzy has makes a contract to buy the
car with Tony when Tony was only 17 years old although he will be 18 in one week. But
he is still just under 18 and he is a minor. Tony was not even paid any instalment
payments before and the car was not his necessities because no car he can ride a bike as
he wishes. And one more thing to prove it was not his necessities because the car is not a
good suitable to the condition in his life and it is not his actual requirements at the time
he buy it, he did not even have the capacity to pay for the car. This case is voidable
contract so Tony completely can return the car for Car Max and he do not need to
continue making payments.

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(Task 3) Apply the elements of contract in given business scenarios Analyse terms in
contracts with reference to their meaning and effect.
The contents of a contract are known as terms or clauses. An agreement will generally
consist of various terms. Even the simplest forms of contract will have terms. Here are
some types of term, similarities and differences of them.
The Similarities:
- Terms of contract set out duties of each party under that agreement.
- The similar between three terms; expressed orally, implied in law and implied in trade
usage is the rights and obligations of parties to some contract are defined by these term.
- The term must be sufficiently complete and precise to produce an agreement which can
be binding (BPP Learning Media, 2010).
- When assessing contractual terms it is important to keep in mind that both precontractual negotiations of the parties and their post-contractual conduct may give rise to
non-contractual rights and obligations in addition to, or independently from, the
concluded terms of the contract.
The Difference:
The general difference between three terms is expressed orally term can laid down by the
parties themselves meanwhile implied on law and implied in trade usage are deemed
from part of a contract even though not expressly mentioned and on the basis of law on
certain types of contract.
Here are the specific differences of each type of terms:
- Expressed orally is one which has been specifically stated or expressed in the contract
that is they are expressly, specifically stated by oral. To determine the oral statement is a

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term of the contract or remains mere representation/promise. To distinguish this, the
court will consider a number of factors:
+ Importance of statement: If the statement is very important that one party would not
otherwise have entered into the contract, the statement can be seen as a term
+ Timing of statement: Generally, the more time between statement and conclusion of
contract, the less likely is statement to be held a term of contract.
+ Strength of statement: The more emphatically a statement is made, the more likely the
courts will be to regard it as a term (Elliot and Quinn, 2009)
+ Special knowledge and skill of parties: If the statement of the party with the special
knowledge and expertise on this issue, the court is likely to declare a term deeming if
statement of someone without such expertise.
Example before make a contract, the parties must be negotiation as asked the price of
the product or ask if it is appropriate for the purpose or not.
- Implied in law: These are terms which the law dictates must be present in certain types
of contract in some cases and sometimes irrespective of the wishes of the parties
(Elliot and Quinn, 2009).
Follow by Liverpool City Council v Irwin (1977), rental agreement will include a
number of implied terms as the host must ensure that the condition of rental house must
always in a good condition.
Statute will also include the terms: for example, sales to consumers will have the implied
term that the goods "satisfactory quality" (Sale of Goods Act, 1979 and Unfair Contract
Terms Act, 1977).

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- Implied in trade usage: Terms routinely used in contracts within a particular trade or
business may be implied into other such contracts.
Follow by British Crane Hire Corp Ltdv Ipswich Plant Hire Ltd (1975), the hirer was
bound by the owners usual terms, even though these were not actually stated at the time
the contract was made. The owners terms were based on a model supplied by a trade
association, and were common in the trade, and could therefore be implied into the
contract in much the same way as terms implied by custom.

(Task 4) Apply the elements of contract in given business scenarios

All the necessary elements are there in The Car case above to form a contract
Test

Evidence
Offer 1: Tony offer to make a payment
Offer 2: Suzy offer a payment will be 970 per month for

The content of the offer must

60 months with no money down for Porsche 911.
always be specific and enough
precise.
Acceptance 1: Suzy said yes when Tony offer to make a
The offeree must accept the whole,

payment
Acceptance 2: Tony said OK, Ill take it. when Suzy

absolutely and unconditionally to

offer price of the payment for 60 months.
the contents of the proposal into a
contract.
Tony considers making payments when he did not have
Consideration must be sufficiency
but no need to adequacy.

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much money right now to pay. Tony must pay per moths
for Car Max to get Porsche 911 right now and Car Max

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Consideration is each party must
exchange something.

must take delivery of the car to Tony to get 970 per

month for 60 months.

Commercial agreements are

Tony has the demand to buy a car and Car Max is where

usually intended by the parties

automotive business so this case is belongs to commercial

involved to be legally binding. agreements.

When Tony make a contract to buy a car in Car Max, Tony

The people do not have the
capacity for civil acts are minor
(under 18)

just only 17 years old. Although he will be 18 in one week,

he stills a minor. A Porsche 911 cannot his necessities
because no Porsche 911 he can ride a bike as he wishes and
the car is not a good suitable to the condition in his life and
it is not his actual requirements at the time he buy it, he did
not even have the capacity to pay for the car.

(Task 5) Apply the law on terms in different contracts and evaluate the effect of
different terms in given contracts.

Apply the law on terms in different contracts

The implied terms are present in The Car case is implied in law. The Car case is a
contract of sale of goods so statute will also include the terms: the protection given by
the Sale of Goods Act 1979 to a consumer who buys goods from trader.
A set of terms concerning the goods is implied into all contracts covered by the Act:
Title, sale buy description, satisfactory quality, fitness for purpose and correspondence
with sample.

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In The Car case, it has 2 implied terms concerning the goods: Sale buy description and
satisfactory quality.
Sale buys description
Section 13(1) of the 1979 Act states that where there is a contract for the sale of goods
by description, there is an implied condition that the goods will correspond with the
description. In The Car case, when Suzy description the Porsche 911 that the car run
like new it means that the car are sold by description there is an implied term that the
Porsche 911 will correspond to Suzy's description. If after receive the car, Tony
discovered the car has old engine and untrue depictions of Suzy, The Court of Appeal
said that the car is clearly not fit this description, Car Max with a violation of section
13(1).
Satisfactory Quality
Under s. 14(2) goods sold in the course of a business should be of satisfactory quality.
The price of the goods can be relevant in determining whether the goods are of a
satisfactory quality.
Car Max must always have implied that Porsche 911 must ensure quality though it is not
give directly to contract. And Car Max must to provide a reasonable price for the quality
of the Porsche 911. If Tony found out the manufacturer's fault and the quality cannot be
guaranteed. Tony can bring his car to the Car Max to sue for damage.
Evaluate the effect of different terms in given contracts.
Condition
Condition is a term which is vital to the contract, going to the root of the contract (BPP
Learning Media, 2010). Where a condition is breached, the innocent party is entitled to

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regard the contract as repudiated, and so need not render any further performance, and
can also sue for damages.
In The Car case, condition in this case is Tony agree with Car Max to make a payment
with 970 per month for 60 months with no money down for a car. But when Tony
received his first notice to make his payment he did not paid and decided to return the
car. So Tony had breached condition.
If Tony makes this contract when he above 18 years old, Car Max can sued Tony for
breach of condition and ends the contract also Car Max can sue for damages. But in this
case Tony just only 17 years old (a minor) so not only Car Max cannot sue Tony for
breach of condition, but also Tony can return the car and do not need to continue make a
payment.

Warranty
Warranty is a less important term. It does not go to the root of the contract, but is
subsidiary to the main purpose of the agreement (BPP Learning Media, 2010).
In the Car case include a warranty of merchantability. When Tony asks Is it in good
shape mechanically?. Suzy has confirmed that the engine of the car as new meaning
that is a clear warranty.
So if after Tony drove the car to home and it does not work, Tony realizes any problems
from his car without cause or not true to describe through words of Suzy. Tony has the
right to bring the car to Car Max could give rise to a claim for breach of warranty
entitling the buyer to damages. Under the contract, seller's sole liability and buyer's sole

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remedy are Car Max must replace another car for Tony or repair them so that they
operate as described initial words and warranty.

Conclusion
After all the report, I have obtained valuable knowledge have a deep understanding
about how the law works and how five of those elements combine with other terms to
create many cases. It is important to know what you are dealing with and before
executing a contract, pay close attention to the terms and the elements of the contract to
avoid the disadvantages, especially the implementation of the contract with a minor.

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Reference
2010. BPP Learning Media (Business Law)
Contract Law. Catherine Elliot and Frances Quinn, 2009
The Sale of Goods Act. 1979
British Crane Hire Corp Ltdv Ipswich Plant Hire Ltd (1975)
Liverpool City Council v Irwin (1977)

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