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paper on Law of Contract and Law of Torts- Business tort and business contract concepts

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Law of Contract and Law of Torts

Introduction:

In this, we would be briefly discussing the law of contract and the negligent law or the tort law along with the consumer protection law. It would be discussed with the help of the case studies provided (Bach, 2016).

Business Contracts

It is a type of contract that binds both the parties. legal obligation between both the parties. It is a creation of a common understanding between the parties about their responsibilities and rights. When an agreement is made by two or more parties, that exists with the help of the terms and condition with respect to the contract (Luntz, 2016), This is also a step that is makeup a consent, which would officially make it counted as a legally binding along with the condition of the enforceable as per the court of law ( Craw, 2016). 

Express offer – offer in the form of the writing or speaking. 

Implied offer – offer through the implied actions

If there has been shown through an advertisement which makes an offer and also makes it part of the negotiations. It allows the consumers to know about the products and makes an offer. Its an invitation through auction or goods displayed in the shop.  Offering and selling is the conditional part of the contact (Cornford, 2016).

Business Torts

It is on account of the negligence the loss suffered. It is a legal liability that would entitle it to pay on account of the civil law. It is wrongdoing on account of the fraud, damages or some sort of civil wrongs.  

It is evident that the tort is related to the civil wrong which is often labelled as an unfairly causes harm caused on account of suffer a loss. It is also one of the legal liability which results in a person that may also harm to happen (Luntz, 2016).. During this if the victim can file a suit as per the other person which can be caused under the law of torts. It is evident that the tort law would be able to also cover the civil wrongs. One can also include the commercial transactions or the related issues of the tortuous interference with respect to the contract, fraud and negligent misrepresentation which are often denoted under the business torts. it is important during such cases that the person is required to also file a case by the plaintiff and another is defendant that would be approached for the case. It is often that the plaintiff is called as a victim or the person who has been harmed (Craw, 2016).  It is evident that the torts are placed in the cases where the victims have faced an issue or a caused injury with respect to the property or reputation. This would be applied with the tort law cases that have been provided a remedy to the plaintiff.

Even in a civil wrong or on account of someone actions if it has resulted in harm, tort are applied. It is also a legal liability with respect to the other person that has caused a harm. It is important to understand the law of torts which access the victims and the defendant conditions in a applied situation (Luntz, 2016). It can be commercial transactions or be considered as a tortuous interference with respect to the contract, fraud and negligent misrepresentation that are called as negligence laws.

 

1. a. Sale of Porsche Car:

It is a problematic concern of the determining who was the real owner or related to the car. It should be the resultant impact of the contract that would have been formed. It is also one of the cases where the advertisement should be posted by the Abid on account of the invitation related to the offer or not to be part of the actual offer. This would be entitled to make an Invitation that would invite the parties that allow making a counteroffer,

As noticed that in the case of this the Sulaiman should have initiated and even begin to inspect the car without claiming or making an offer Abid (Daye, 2018). It is important to be unanimously making it a bid of the Abid and Sulaiman. It would result in the Khalid, claiming a 5500 RO entitled and in return. As a background, it would make an offer from the Abid to offer him an RO 5750. During this phase, it is important to make an offer and a counteroffer related to the final contract. Thus it would make it a part of the inoperative or the resultant impact of the negotiated term making it a final offer. Eventually, it would allow to pay up the 5750 RO making it an offer resultant to the case as claimed from Abid to the Khalid. This is a sign a step to have a consent making an approach of the offer that has sent out to the Abid with respect to the offer. Surely it did not pay the read message. Eventually, it would also make it part of the contract that could entitle and also allow a valid approach with respect to the application of a postal rule or related to the communication. This is particularly related to the postal rule making it even an acceptance that could help to deal with the posted steps offeror which would receive or read it. This is also one of the possibilities that could allow  Abid which needs to ensure step that can contract to make it a valid and operative.  All the terms and conditions of the contract need to be clear. Here if the Bashar wanted to purchase at an amount of 6000 RO to Abid, this gives a condition of the acceptance or the resulted offer or any condition (Epstein, 2016). It would make a stage of the valid contract to exists. It would also entitle and make it as part of the  Abid that has stepped up and even resulted in the breached contract making it a part of the other party Bashar allowing him to tackle party Khalid to create an impact of the breached duty of care through not approaching or even following a customer’s once the deal is established. The law applied is the negligence tort law.

a. Sale of Gucci Shoes

Display of goods that exists with the shop having a price tag making a considerable offer that is related to postings. It is also one of the advertisements that would allow offers. As a step, it would allow a customer that would indicate in order to pay the price with respect to the goods allowing an offer. It is also one step with the help of an invitation to offer which can result to the seller that would allow forcing that needs to also make it a part sell resulting in the stock making it under considerable legal reasons. The other is the prices which would make it as a part of the advertisements in final and further negotiations.  It is important to ensure that the shelves or windows also a step to offer.  Even the case of the auctions is considered to be an act of the display and sell. Another important milestone is the requisites in order to make it a part of the legal contract such as the legal relation. This is also one of the reasons that can entitle it to be claimed as a contract that allows a clear case of exchanged ideas.

It is also one of the cases of Article 28 of Consumer Protection law Royal Decree 66/2014, making it part of the condition of the service or sell the product which should be barred to sell if they are showing falsifying images or making a consumer to pay more (Goldberg, 2016).

As shown that Abid had to pay more from 50 RO then 80 RO. As the RO 80 was the original price with respect to the RO 50 as shown as price. It needs to be covered under the consumer protection law. One should claim it to be part of the right of the consumer that could display a correct information related to the product. It should include all the correct information from price, production or even includes such as the expiry date to be transparent to the condition.  

 

 

2. As a present scenario, it is important to entitle and make it an appropriate issue which could channelize it into a tort law making it a necessary part of the advertisement display as shown by the Abid. It claimed it to be part of the good condition. Evidently later the other party Bashar had to face problem on account of the accident as shown through the steering related to the car due to defective (Henderson, 2017). The Basher even had to face a problem of the major injury allowing it cause an operated and admitted with respect to the hospital in the time period of the eight months. This is in support of the insurance which would allow to consider it as a car making it expired. It is said to be also one of the  Abid acted negligently that could also entitle it and make it part of the liable with respect of the tort law in a negligent action. This is also one of the negligent torts, making it a part of the person’s failure. 

Through the negligent torts it is important to also laminate and consider it to be torts through which it could allow a person that could fail in a certain actor even cause a concern to be part of the perform his duty making it entitle as a party suffers a loss with respect to the property or with respect to  himself. The next case would be of the negligent action making it count in the defendant case of the damage issue related to the plaintiff. This it is important to make it part of the plaintiff allowing it to be causing an actual loss or even related to the damages or injury that would directly impact and result in the negligent actions with respect to the defendant.

Thus, if the there has been some of the elements that could even entitle it to be part of the present case should be also concluded to be actions in the Abid. This could be negligent torts. This is entitled to make the Abid which can make it a part of the car to claim it as an excellent condition. This is equivalent to making an advertisement that would be related to such a display. It is also important that the Abid needs to step up and also ensure that it would consider a car personally which can make it part of the statement related to his car. It should be transparent and detailed one. As the other party believed what the other party displayed from the advertisement, he did not introspect the condition. This is a negligent of the act and the clear case of the tort of law.

It is important to make the parties suffer and even should step up with a resolution to prevent the negligent torts.

Damages: It is a kind of entitlement that would make the plaintiff deal and tackle the defendant related to the form of money. It would evidently make it part of the compensation allowing a loss or injury. As noted in the case how the Bashar got damages due to the Abid bid of negligence step (Henderson, 2017).

Injunction- It is one of the parts of the Court resulting in a person for the cause of the care under the act.  Here in the case of the Bashar and Abid, where Bashar was driving a car without properly checking it (Craw, 2016).

It is important to note how the  Bashar was entitled to the damages from the Abid to pay on account of the negligent actions. This is related to the quantum merit law that could be foreseen with the case in order to be entitled to the more than 5 months of time. 

 

3 (a);

In this case here the one party Abid would like to also entitle the sports car which would be refunded through the amount of the 6000 OMR with respect to the Bashar. Here it would be appropriate to begin with the Court that would entitle it not to be the file that would claim of tort.  

In this it is evident that the party Abid could be working in relation to the Bashar that could make it entitle to face the defense of contributory negligence which would also make it a part of the claim that could result in the Bashar which would also make it part of the fault or has equally resulted in the loss or injury. In this party, the role of the Abid would be entitled to make an appropriate claim to be part of the Bashar that would require and inspect a car which would not be entitled to take out and utilize the time correctly. It would make the party Abid to even enter into a contract with the Khalid through the postal rule related to a given case. It would make the Gucci shoes or to be considered to be part of the law that could entitle it into the protection with the respect of the consumer relating to the conditions of purchase which would not be considered to be fair along the respect of the conditions as would be entitled to be null or void. It is important to be successful and to be part of the storekeeper that would not force Abid in order to pay out higher price related to the displayed goods.  

 Advice

So for the Abid, it would not be entitled to not to engage into a paid price making it a part of the Abid which would be used for the discretion with respect to the buyer along with the demand in the price reduction. It would also make a situation to reject the Gucci shoes. This would make the Abid that would also entitle it to be part of the consumer protection authority making it extremely a failure or counter the misleading case.

 (b): It would include an accident which could make it a part of the Bashar which would make it a part of the negligent action that related to the Abid. It would be step up to the Bashar which include Abid that is part of the negligent tort that would also co-exist with the claim that would damage that could make it part of the accident. It is also one of the step awards which would be a form of money making it part of the paid scheme that could entitle to person existing compensation which would cause it a part of the loss of injury. 

It would exist as part of the buyer, which even includes a Bashar that includes remedies that would make it part of the Consumer Protection Law (Kelly, 2016). It would be included below steps:

It needs to be part of the Bashar that would exist with the related right such as the reject including the result of the Abid. 

This would be existing include into claim damages which would make it also losses which would make it part of the suffer a damaged car

This would continue to even include a car, however, making it part of the evident reduction such as the price or even includes a refund. 

It would also include a part claim replacement that exists within the car which would be simply terminate need of the contract. 

It would be important to make it part of the remedies such as Bashar related to the part of the buyer scheme of the car. In this case, it is also related to the Bashar which could make it file case that would make it Abid that could be a misrepresentation. It is made part of the Abid claiming to be a false statement which could make it related to the condition making it car which could entitle it claiming it be induced Bashar that would like to enter it into the contract (Levine, 2016).  It would need to also be part of Article 187 that can entitle it to be Civil Code of Oman, that can exist also to be parties making it part of the contract that can show a misrepresentation making it part of the induced that needs to be part of the act, that would include a person that needs to step as a cancel the contract. It would also make it misrepresentation making it part of the Abid that even includes a negligent misrepresentation. This is part of the false statement which entitles another person that makes it a part of the contract related to him. 

3 (c): Under the act of the consumer protection law, one needs to dissect and also decode the understanding of the right and the details which can surround with the interest of the consumer which could be provided with the help of the rightful contextual information related to a given product. It should be of transparent condition that could be null or void. It includes an issue of the storekeeper that cannot be forced or would be part of the Abid that would include information that contains a higher price with respect to the displayed goods (Luntz, 2017).   It would be suggested to also include information that would make the Abdullah provide up to the payment Gucci shoe price of the RO50 that include an extensive money on account of the negligence or even the misinformation related store.

 

3(d): The case law of the Sulaiman and Khalid shows that there exists as such no contract that would have entered. In this, it is important to adhere to the contract that would form in between them. It shows how the advertisement got posted and how the Abid then even considered sending an offer while the other party gave as no offer back to the party. It even shows how the contract needs to abide by them and obey in the framework of the legally operative elements which includes an existence of the offeror even obey of an acceptance which could have been fulfilled. During the case, it needs to also ensure that the actual contract could be operative or exist before it has proclaimed or abided by being a no offer, acceptance or even make a considerable approach to make existence between the two. As a necessary step, it needs to make the other party suggest to abide and follow (Abraham, 2016). As such there was no contract as there was mo offer hence thee should be no laws to follow or any consideration to abide by. It cannot exchange cash due to nonformation of contract.

 


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