Business Law Assignment (BUSI1001A) Formation of Contr movement The facts shited showed that R agreed to sell the machine to S. It was clearly an offer entreat for HK$50,000. S had examined the auto on the store forecourt which showed he had an reject to buy the car, knowing that the car was in tip exceed condition. He knew the amount to pay, the condition of the car with his intuition from the documents on the windscreen and his examination of the car on service department forecourt and he signed the agreement. Communication of agreement could be shown and accordingly the acceptance was valid. Consideration of HK$50,000 validated the exchange of promise. Both the car dealer and S were adults and had capacity to enter into push. Therefore the force per unit ara was clearly existed surrounded by Mr. S and R. However in that respect was no contract formed between the aggrieved party Mrs. S as the agreement was not signed by her. civil wrong - Negligence Fr om the above analysis, Mrs. S, herself, could not claim on fault of contract but could only claim for damages relying on negligence. In rewrite to succeed in action for negligence, Mrs. S must establish that 1.R owed a art of safekeeping to her; 2.R was in breach of that duty of care; and 3.Rs action was a consequence of Mrs. Ss smirch (causation).
Duty of care From the case Donoghue v Stephenson (1932), the duty of care is a duty to take reasonable care to avoid acts or omissions which you eject reasonably foresee would be likely to injure your remain. Neighbour was defined by the court that neighbour is persons who are so close and directly affected by my act that I ought to have them in contemplation as world so a! ffected when I am order my heed to acts or missions which are called in question. To establish the duty of care, we need to consider the 1.foreseeability of that damage; 2.proximity between the parties; and 3.reasonableness. R was a car dealer who had professional acquaintance on cars including the conditions, advantages and...If you inadequacy to get a full essay, order it on our website: OrderEssay.net
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