A2.6 Outline the principles of the law of contract and its application to health and safety issues

Question 1

What is the definition of ‘contract’?

Answer 1

an agreement between two or more people which may have legal consequences

Question 2

What are the essential features of a ‘valid simple contract?’

Answer 2

• an agreement
• consideration - something of value must be given in exchange for a promise
• legal relations (legal consequences)
• legal capacity (over 18, not drunk)
• no illegal circumstances
• may be express (specifically stated) or implied (something which exists even if it is not in a written contract) eg. duty of care
• simple contracts - the limitation of simple contracts is six years

Question 3

What is the relationship between a producer and vendor?

Answer 3

• producer produces the product, vendor sells it
• producer must ensure the product complies with relevant legislation and standards and is ‘fit for purpose’
• An injured person can sue the producer
• manufacturers and producers owe a duty of care to persons affected by their products.

Question 4

What is the relationship between a vendor and consumer?

Answer 4

• consumer is a user or purchaser of the product/service.
• vendor neither amends it nor makes it, but merely sells it to the consumer
• vendor may be liable in tort if they are under a duty to inspect the goods and fail to do so.

Question 5

What is the relationship between client and contractor?

Answer 5

• a client uses the services of a professional person
• a contractor is an undertaker of a contract to provide a specific service.
• if a client appoints a contractor to do work then each party will owe a duty of care to each other.
• the client has a responsibility to appoint a competent contractor through checking qualifications, experience as well as membership to professional bodies.