Case study 2

Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, “No liability is accepted for any damage or injury caused by the failure of any hired equipment.”

Task 1: LO1 (LO1.1, LO1.2, LO1.3), M1

Considering the Case study 1 mentioned above, define the legal meaning of the term ‘contract’ and explain the important elements of a valid contract. Identify and discuss the terms of offer and whether there has been acceptance of the offer. Identify the intention to create legal relations and the consideration of moving between the parties. Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect, and explain the factors that would impair the formation of a contract.

To achieve M1, the learner will be able to carry out wide research using different reliable sources to identify and apply strategies to explain, analyse and make effective judgements about elements of contract.

Task 2: LO2 (LO 2.1, LO 2.2, LO2.3), D1

Are the council entitled to rely on the clause? Taking the scenario in Case study 2 into consideration, apply the elements of contract in given business scenarios. Apply the law on terms in different contracts and evaluate the effect of different terms in given contracts.

To achieve D1, the learner needs to critically evaluate key points and draw conclusions while making a synthesis of ideas and justifying them effectively. The learner is also required to propose realistic improvements of the positive features of the terms and suggest improvements before discussing how well the terms meet the needs of the both parties.

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