5N2091: Distinguish Between a Contract ‘for’ Services and a Contract ‘of’ Services: Business Law Assignment, OU,
| University | The Open University (OU) |
| Subject | 5N2091: Business Law |
Investigate and evaluate the following questions in relation to Contract and Employment law.
Employment law:
1. Distinguish between a contract ‘for’ services and a contract ‘of’ services.
2. Discuss any two of the four tests a court uses to decide if the person is an employee or an independent person (Please cite a case in each).
3. Outline the differences between wrongful, constructive and unfair dismissals.
4. Briefly discuss any two key grounds upon which dismissal is presumed to be a fair dismissal, under the terms of the Unfair Dismissals Act 1977.
5. Outline the procedure involved in taking a claim for unfair dismissals.
6. Detail the remedies available in a successful unfair dismissal claim.
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Contract Law:
1. Discuss the distinction between an offer and an invitation to treat with reference to appropriate case law.
2. Briefly discuss any two methods by which an offer can be terminated, citing case law.
3. Briefly outline the difference between a social/domestic agreement and a commercial contract in relation to the intention to create a legally binding contract.
4. Last year Frank witnessed an accident at his local shopping center in which his neighbor Betty fell and broke her hip on a spillage of coffee on the floor of Coffee Delights coffee house. Betty sued Coffee Delights for her injuries and asked Frank to act as a witness, he was concerned that if he had to take time off work to do this he would not be paid for his absence. Betty promised to pay Frank $200 expenses if he agreed to act as her witness when the case came to trial. However, Betty is now refusing to pay Frank as hr solicitor informed her that as he had subpoenaed Frank as a witness, he was legally obliged to give evidence in court.
Discuss the rule ‘consideration must be more than what the party already has to do’ and in light of this determine whether Betty’s promise to pay Frank the $200 is legally enforceable.
5. With reference to case law outline one of the following terms of a contract:
a. Conditions
b. Warranties
c. Innominate Terms
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