Verified BTEC Business Level 3 - Unit 21 (Distinction* Graded)
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Course
Unit 21 - Training and Development
Institution
PEARSON (PEARSON)
BTEC Business Level 3: Unit 21 (Training and Development)
Unit 21 – P1,P2,P3,P6,P7,M1,M2,M3,D1,D2
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54 Marshals Lane
Stanmore
HA6 4BL
12/01/2023
Sakho
8 Elm Street
Stanmore
HA 4AQ
Dir Sir,
The main point of this letter is to discuss the legal requirements of a contract in this
situation, you bought a bike for £5,000 which the previous owner had no previous
problems with the bike, you must be furious with Mac as you allegedly think he has
sold you a faulty bike hence resulting the garage telling you to sell the bike for parts.
In this letter I will be both discussing and concluding the laws which are within this
contract.
There are 4 elements in a valid contract which include offer, acceptance,
consideration and intent to create legal relations in this scenario I will be identifying
the legal criterial for offer and acceptance within the contract. A contract law is an
arrangement between two or more individuals or groups, each having a legal
commitment to be met, example property rent, non-disclosure agreement,
arrangement and more, this is a legally binding document that can be enforced in a
trial. An offer is a declaration of intent that the terms of the offer are legally binding.
This offer must be provided to one or more individuals who must be informed to the
offeree, and the contract terms of the offer must not be unclear and may be rejected
by the offeree who must be well communicated to the offeree. An offer may be
submitted in written, spoken and regular form, but an offer must be delivered in a
particular form i.e. a letter that is not valid than any other form of acceptance.
Acceptance of one of the key parts included in an offer must be unconditional, an
agreement signed by the offeror implies that they will be obligated to comply with
the terms of the offer, however, if the offeror tries to change the conditions of the
offer and the acceptance is no longer relevant.
, For instance, Yates Builbing V Pulleyn (1975) the dispute was about a dealer and
consumer arguing that the offer being offered must be in written to be sent by
registered or registered shipment, but the buyer had sent the letter by everyday
mail, however the court ruled this as a non-valid approval because it did not meet
the criteria of how it should be approved. In fact, the postal rule clearly states that
postal acceptance expires when the acceptance letter is posted; this ensures that
now the document is in the hands of the post office or one of its designated staff,
but this may be inaccurate because letters may be postponed or overdue.
Formation of contracts
A contract is an arrangement among two or more parties where each accepts a legal
obligation to be met, such as a premises and machinery lease, a pre-disclosure contract, a
partnership and more, which must be a legally binding document which can be implemented
in a civil case. There may be different types of law such as a verbal contract that is verbally
transmitted, which would be cheaper, less frustrating, more energy-saving. Written
communications are shown on paper directly, this is more safe as it is held in a contract that
makes it accurate, but it can also be time-consuming, the very last contract is a legal form
that is used in many companies as it makes it much easier for them to make adjustments in
the contract, and amend the contract as the company changes When a contract is formed, it
must include a bid, acceptance, consideration and capability, which are compulsory in any
settlement because a contract. First of all, an agreement should be included in order to
conclude a valid contract, since the offeror must make a bid to the issuer allowing the
offeror to either accept or refuse an offer which must be laid out during order to render the
contract legal. Offer approval is still an important part of any deal, approval must be a
conditional agreement in respect to all terms and conditions, and however, if changes take
place to the bid, it may result in a counter-offer which will most probably lead to the
downturn of the offer. Therefore, the offeror will accept the contract for a reasonable
agreement while the contract is still available if the contract is terminated later.
Consideration is what goes from one contractual party to the other, for instance, classical
cases would be cash, product or utility, but recent cases take everything into account. The
act of forbearance or pledge that has to have certain financial value is important
consideration. Capacity is to guarantee that the conditions are known by all parties included
in a contract as well as not coerced, manipulated or gained from going into the contract. In
addition, if a party was unable / does not have the skills that have justified the contract, they
may opt to invalidate the contract.
Another case law falling within the arrangement is the Carlil V Carbolic smoke ball (1893),
the case was more about the carbolic smoke ball business offered to anyone who gets
influenza while using a smoke ball win £ 100, which Mrs. Carlil used the smoke ball and
acquired a fever, which Carlil and also won that case even though the smoke ball
corporation had failed to fulfil their offer to provide Carlil with a £ 100 pay-out.
Misrepresentation
Misrepresentation does not become one of any contracts produced until the contract is conc
luded, misrepresentation occurs when the offeror makes ridiculous or invalid declarations.
Misrepresentation may arise now or at the time the order is concluded, this will be
addressed to the Issuer and is more likely to join the contract as the Offeror may consider
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