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Question: With reference to recent developments, explain the significance of modern instantaneous communication for formation of a contract, Define modern instantaneous communication with examples.

13 Oct 2022,12:22 AM

 

Question 1

With reference to recent developments, explain the significance of modern instantaneous communication for formation of a contract,

  • Define modern instantaneous communication with examples.
  • Explain the significance of modern instantaneous communication in terms of acceptance of a valid offer.
  • Outline the difficulties that may arise for each of them cite case laws, recent case laws are recommended.
  • contract formed then the communication is sent? Or When deemed to have received. What happens if the communication was sent outside office hours? Or a different time zone? Do they same rule apply to all types of communications? Does postal rule apply?
  • Then summarise your key findings.

 

Question 2

Critically discuss the journey of an Act of Parliament (Primary legislation) as a source of law in the UK.

  • You may want to start with how an idea or an issue becomes a subject matter of legislation, how they are prepared then finally how they are introduced to the parliamentary committee.
  • You should then critically discuss the 5 stages followed by the royal assesnt, discuss the general process regardless of which house initiated the bill, you need not write separate sections on bills initiated in either of the houses.
  • Try not to be descriptive and try not to copy directly from the sources
  • Add as many citations as possible for higher grade.
  • Make sure your answer is informative and critical with academic citations.

 

Question 3

With reference to relevant case law, explain the consequences of negligence committed by a professional.

  • Define Professional Negligence with academic references
  • Discuss the elements of negligence with reference to case laws that involve negligence of a professional
  • In addition explain the ‘concept of special relationship’
  • No need to pick a particular profession, you may draw examples from different professions,
  • Critically discuss the consequences of professional negligence: loss of reputation, losing licence to practise, importance of insurance etc (with citations).
  • Citing relevant cases are important.

 

Question 4

With reference to relevant case law, explain the particulars of a successful contributory negligence claim under the Law of Tort.

  • Define Contributory Negligence with reference to legislation and relevant case law examples.
  • This will bring the discussion of ‘’reasonable care’’; engage critically with reference to case laws.
  • Discuss burden of proof on the Defendant
  • Explain how the damages are adjusted to the extent of contribution by the claimant.
  • Citing relevant cases are important.
  •  

Harvard Referencing Case Law

  • How to find full citation of a case?

The full citations are usually found at the source. For example Westlaw (accessed from library) or British and Irish Legal Information Institute (bailii.org)

In-text citation: According to a recent case (Klifa v Slater & Anor, [2022]) states that...

Reference list: Klifa v Slater & Anor [2022] EWHC 427 (QB) (2022). Database or website [Online]. Available at: URL (Accessed: date).

For older Cases without a neutral citation which pre-date the year 2001 you need to include 'Name of case' (year) title of law report, volume number, page numbers.

 

Harvard Referencing Legislation

Title of Act year, chapter number. Available at: URL (Accessed: date).

In-text citation: The legislation (The Law Reform (Contributory Negligence) Act 1945) states that...

Reference list:  The Law Reform (Contributory Negligence) Act 1945. Available at:  Law Reform (Contributory Negligence) Act 1945 (legislation.gov.uk) (Accessed: 30 January 2022).

 

Expert answer

 

In order to understand the significance of modern instantaneous communication for formation of a contract, it is first necessary to understand what is meant by modern instantaneous communication. Modern instantaneous communication can be defined as "any form of communication that happens in real-time and allows for two-way communication." This includes things like phone calls, video calls, text messages, instant messages, and so on. The key here is that both parties are able to communicate with each other in real-time.

 

There are a few reasons why modern instantaneous communication is significant for contract formation. First, it allows for a much faster exchange of information between the parties. This can be important when time is of the essence, such as in the case of an emergency situation. Second, it allows for a more accurate exchange of information. This is because the parties can clarify any misunderstandings immediately, rather than having to wait for a response from the other party (which may take days or even weeks). Finally, it can help to build trust between the parties, as they are able to see and hear each other during the communication.

 

So, in conclusion, modern instantaneous communication is significant for contract formation because it allows for a faster and more accurate exchange of information between the parties, and it can help to build trust between them.

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