...days stay at Hotel Seri Gemia, two suites with ocean view; b) Four meals at Hotel Seri Gemia, the restaurant serving international dishes; c) Free access to Hotel Seri Gemia’s gym, SPA, Oympic size swimming pool and two days of scuba diving activity; d) Free bicycles to tour the whole island; and e) Free island hopping tour around the islands surrounding Pulau Gemia. Zarul then made a reservation with OLLT and the tour was set for 2.2.2014 till 7.2.2014. Zarul then paid the sum RM20, 000 to OLLT. Zarul and his wife took their sons Zahim and Zamani with them to the island. When all of them went to Hotel Seri Gemia, they found that the said hotel was not conductive for holiday leisure. They did not get the suites as promised but got only one room with two single beds and the room was also very small. The room was not facing the sea but the swimming pool instead. The food served was not international cuisine but local dishes instead. There was no gym, no SPA, no Olympic size swimming pool. Actually, there was only one pool for children. There was no scuba diving activity as well. The bicycle tour and the island hopping activities were also not carried out. When they returned to their room, they were horrified to discover that their belongings were stolen. Zarul and Zarina lost a few thousand ringgits and the children lost their DSLR cameras and hand phones. When they reported the matter to the hotel management, they were told that the hotel management was not responsible...
Words: 5958 - Pages: 24
...Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough, both internally and externally, to accommodate these changes (University of Phoenix, 2002). This case presented how a contract between parties was prepared, but what was required was not clear to either party. To further complicate matters, as the project requirements became clearer, no contract revision occurred to discuss how the expanding requirements could be negotiated. The increasing requirements and scope of work meant the original resources assigned to the project were rapidly becoming insufficient. Project delays and poor quality products were the result. Instead of addressing the changes and the need to revisit and negotiate the changing requirements, and additional compensation, the two parties filed suits and counter suits against each other (Cheeseman, chapter 16, 2010). The scenario points out how devastating the resultant legal costs were to both parties, and how the end result was a failed project that could have been resolved with less contract ambiguities...
Words: 963 - Pages: 4
...Question 1 Issues • Whether the hotel is responsible to the negligence. • Whether the exemption clause can exclude its liabilities. Analysis First of all, we need to clarify whether the hotel is responsible to the negligence. To succeed a tort action, the following element must be satisfied: • The defendant owes a legal duty of care to the plaintiff; • The defendant breaches the duty of care; • The plaintiff’s loss or damage is a consequence of the breach of duty (Causation). Duty of Care • The duty of care is a duty ‘to take reasonable care to avoid acts or omissions that may reasonable foresee would be likely to hurt your neighbours.’ • ‘Neighbour are persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are being called in questions’ (Donoghue v. Stevenson 1932). • The application of the Neighbour Principle is subject to the requirement of: - Reasonable foresseability - Sufficient proximity by reference of cause and effect (the relationship between the defect of the brake and the car accident) Bourhill v Young [1943] - It is reasonable to impose such duty on the defendant (Caparo v. Dickman Plc 1990) • Customers are neighbours of the hotel, so the hotel owned a duty of care to the costumers’ personal safety and their financial interest under the neighbour principle...
Words: 2057 - Pages: 9
...Subject: Contract Law Section 1 (1) D (2) C (3) D (4) A (5) D (6) C (7) A (8) E (9) A (10) D (11) E (12) A (13) D (14) B (15) E Section 2 A | 5 | B | 8 | C | 7 | D | 9 | E | 2 | F | 10 | G | 6 | H | 1 | I | 3 | J | 4 | Section 3 Question 1 (1) Repudiation or anticipatory breach – An anticipatory breach of contract occurs when one of the parties unlawfully and unequivocally refuses to render performance of the contract. Basically repudiation is when either party owns performance of the contract and refuses to render it, not because he is entitled to do so. The repudiation can either be accepted or refused by the innocent party. Take note that if the innocent party does so ignore the repudiation, the legal position of both parties will remain unchanged. The innocent party must abide by his choice once it has been made. He will also lose the right to rescind if he refused to accept the repudiation or if the repudiation hasn’t been accepted within a reasonable time. To constitute an actual breach of contract the repudiation must be accepted and notice should be issued to the debtor, by the innocent party and will then amount to a rescission of the contract. The creditor may sue for the contracts rescission and damages if the contracts performance isn’t due yet. (2) Default of the debtor (mora debitoris) Mora debitoris – this is a form of breach of contract that takes...
Words: 5013 - Pages: 21
...ELEMENTS OF A CONTRACT AND ENFORCEABILITY UNDER COMMON LAW AND UNIVERSAL COMMERCIAL CODE (UCC) Student Name: Michael Shepard Course Name and Number: Business 670: Legal Environment of Business Instructor: Dr. Leah Westerman Submission Date: April 20, 2015 Abstract This article will define the five elements needed to form an enforceable contract under common law and the Uniform Commercial Code (UCC). It will describe which types of contracts come under common law and under UCC. It examines one hypothetical, non-competitive agreement between a Chef and an employer (namely, Fabulous Hotel) in terms of enforceability and whether common law or UCC need to be applied to the specific case. The contract in question requires Chef to not become employed at any other dining establishment in the same metropolitan area for a period of two years after separation of employment with Fabulous Hotel. The article shows under four possible conditions in which the contract may become unenforceable. It concludes with reinforcement of contractual elemental requirements and suggests more appropriate contract formation provisions in serving best interest of both parties under common law and UCC. Five Elements of a Contract The five elements needed to form a viable contract are: offer by one party to another or many, acceptance by the offered party, consideration (usually in the form of remunerative compensation for accepted offer) in exchange for accepted offer, legal capacity...
Words: 2736 - Pages: 11
...The Contract Creation and Management simulation presented two different business creation contract situation that displayed issues within business contracts (University of Phoenix, 2002). One contract creation presented was difficult to work around the legality because the contract was unclear and decision made seemed hard to reach. Another contract creation example displayed similar core components of issues within the contract and its management but solution were able to be rectify this contract disputes between parties. Contract creation and management of those contracts need to be properly formulated and reviewed before agreeing and signing any contract. To begin the first simulation analyzed was a contract creation and management dispute between InfoBuild and Majestic hotels. Some if the issues presented could have been avoided if a firm review processes would have been performed when creating the contract between the two parties. As the contact between InfoBuild and Majestic was being created, agreements were difficult to reach making for a rough contract of negations. As the creation of the contract was signed and established in the line of business between the two parties, breaches within the contract began to be seen. The issues presented in this simulations breach of contract was the “quality of deliverables, delivery of schedule slips, and ever-growing end-user requirements” (University of Phoenix, 2002). InfoBuild was contracted to set up the programming...
Words: 916 - Pages: 4
... Unit title: Unit 5 Aspects of Contract and Negligence for Business | Unit code(s): Y/601/0563 | Learner: Aliya Theriault | Assessor:Svetlana Begalieva | Internal Verifier:Dinara Bobusheva | Title of Assignment:“Tramways Advertising v Luna Park”Grading criteria: P1.1, P1.2, P1.3, P 2.1,P 2.3,M1,M2,D1Related learning outcomes:LO 1: Understand the essential elements of a valid contract in a business context.LO 2: Be able to apply the elements of a contract in business situations. | Assignment Number:__1__of __2__for this Unit | Date assigned:September 25, 2013 | Date of review:October 18, 2013 | Date for final submission:October 25, 2013 | Learner declaration:I confirm that this assignment is my own work and any assistance received has been acknowledged and all sources have been stated.Signature: Date: October 25, 2013 | Scenario:First business scenarioThe tenant rent apartment for an eight month period. He will pay $ 800 per month. After the tenant had moved out, and when the property was left unoccupied. The tenant had decided to leave the property and early termination of the contract was agreed to by the landlord on the basis that replacement tenants were found. According to the scenario; apply and describe the elements of contract in formation of Rental Contract.Second business scenarioAs an employer, you want an employment contract that protects you and your business...
Words: 9878 - Pages: 40
...Course Title: ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Course Code: QCF/L5/0215 Assignment Number: 01 LCB Student number: LCB/2867 Student Name: DK. SITI NURUL HAFIZZAH BINTI PG. ALI HASAN Contents Task 1 a)3-4 1 b)4-5 1 c)5-6 Task 2 a)7 2 b)7-8 2 c)8 Task 3 a)9 3 b) 10 Task 4 a)11 4 b) 12 Task 5 a)13 5 b) 14 Task 6 a)15-16 6 b) 16-17 Reference List18 Task 1 TASK 1-1.1 a) For one to form a valid contract the party must fulfill the essential elements required for the function of a valid contract and one of them is to have the intention to create legal relations. It is simply defined as an intention to enter a legally binding agreement or contract. Without the intention, the contract may only become a mere promise because there is no legal binding between the contracting parties and the contract can be assumed as not legal. It is not sufficient for only one party to have the intention but not the other as the presence of mutual understandings and intentions between the contracting parties are needed to legally binding a contract. However, there is no intention to create legal relations when it comes to cases that involve with social, domestic and family arrangements. Balfour v Balfour 1919: “The defendant (the husband) promised to pay his wife £30 a month as health maintenance when she could not return to Ceylon with him under the doctor’s advice. When their marriage ended in divorce...
Words: 5000 - Pages: 20
... (a). Issue: can shareholders force the company comply with the replaceable rule and clause2.1? Under s134, a company’s internal management may be governed by provisions of the Corporations Act that apply to the company as replaceable rules, by constitution, or by a combination of both. Orchard Downs Pty ltd’s internal management is governed almost exclusively by its own constitution. The only replaceable rules it uses are the replaceable rule in s201G and the replaceable rule in s203C. In this case, Norm, Sean and Anne are the only shareholders of Orchard Downs Pty Ltd. They received a letter informing them that the board had appointment Betty as a director without holding a general meeting. The shareholders were all unsatisfied with appointment of Betty. However, the board of directors told them that as s201G was a replaceable rule, they were not obliged to comply with it. Under s135(3), a failure to comply with applicable replaceable rules is not of itself a contravention of the Corporations Act. However, the constitution and replaceable rules have effect as a contract. Hence, the shareholders can sue the company breach the contract. Section 140(1)(a) provides that a company’s constitution (if any) and replaceable have effect as a contract between the company and each member, under which each person agrees to observe and perform the constitution and rules as far as they apply to that person. Members can force company to...
Words: 2225 - Pages: 9
...outside that of contract that arises form a scenario involving the publishing of a brochure for a hotel that does not accurately reflect either the complex itself or its placement the resort and entices Maggie and Frank to take a holiday there. The complex was still been renovated in October 2001 when the brochures were published, however they were due to have been completed by April 1999. It should initially be restated that all liability discussed is that which outsides any contractual liability of the parties. It must be stated at the outset that as matter of policy no liability would lie at the doorstep of the customer, C Retton, who provided a personal recommendation for the brochure. He cannot be said to hold a duty of care to other customers as regards what was only his general opinion to the service and even if he was held to have a duty of care he cannot be said to have been in breach of a duty of care as the acts of others would be treated as a novus actus interveniens. One cause of action outside contract is under the doctrine of negligent misstatement. Liability here depends on the following factors 1 (a) a duty of care based on a special relationship; (b) Defendant's representation must be untrue, inaccurate or misleading; (c) Defendant must have been negligent in making representation; (d) the Claimant must have relied on the misrepresentation; and (e) reliance must have been detrimental to the Claimant. Firstly what is the liability outside contract as regards...
Words: 1809 - Pages: 8
...important part of tort law. The modern version of negligence is establish and practiced in 1932 in the decision of Donoghue V Stevenson1. Negligence is also definite as ‘the breach of a legal duty to take care which result in damage, undesired by the defendant, to the plaintiff’. Thus, negligence has three main propositions that need to be determined:- 1. Duty of Care 2. Breached of the duty of care 3. Causation of Damage. All of these factors must be satisfied. If even one is not satisfied then the plaintiff will not be able to establish that the defendant was negligent. In this case, Tony and Ann Soon have filed a person injury suit against the Flamingo Hotel. According to Soons, they checked in the suite at the Flamingo Hotel on a Friday Night. Their daughter Susan, who was 8 years old at the time, opened a sliding patio door and asked her parents if she could get in the hot tub that was part of suite. Upon entering the tub, she suffered third-degree burns over 80 percents of her body and her facial features were permanently disfigured because the water in the hot tub was 160 degree F but not 102 degree F. However, the maximum recommended by the tub’s manufacturer, and well above the 105 degree maximum dictated by local health codes. In order to in their claim against Flamingo Hotel, it is a must for them to prove the three main propositions. Firstly, the proposition of duty of care was established in the case of Donoghue V Stevenson1 where A manufacturer...
Words: 2069 - Pages: 9
...* Duty of care and dillgence – statute law – s180 * S588G imposes a duty upon directors to prevent their company trading whle it is insolvent . s588G requires directors to be continually monitoring the financial status of their coy (* only apply to directors) * S181 – duties to act in good faith in the interest of coy and for a proper purpose * S 191 – duties to avoid conflicts of interest * S182&S183 – not to make improper use of position or information (* apply to employee) * S9 – define officer of coy- have management responsibility relation to a coy in financial difficulties * Generally the duty will be owed to the members as a collective whole (not a minority) that should be considered by directors: * Generally there will be no duty owed to individual shareholders; The director needs to have been in direct and close contact with the individual member so that the director caused the member to act in a certain way which turned out to be detrimental to them: Here, the facts are similar to Brunninghausen v Glavanics, where a fiduciary arose to the individual. In that case there were only 2 shareholders (both were directors also), and B convinced G to sell their shares and resign as director so that B could act on an offer of sale (unknown to G). An individual fiduciary duty was found because G was the company, aside from B, and G relied on B for information about the company. Our situation is similar in that [reasons] and therefore [director]...
Words: 4518 - Pages: 19
...UNIT 14: HOSPITALITY CONTRACT AND EVENT MANAGEMENT Get assignment help for this unit at assignmenthelpuk@yahoo.com LO1 Understand external factors that affect planning and management in the event and contract sectors Diversity of sector: employee catering; hospital catering; school meals; conference centres; location and outdoor events; banqueting; private functions Types of service provision: food and beverage services; accommodation services; reception; facilities management; linen and laundry; cleaning; administration; hotel services; maintenance; security; purchasing; human resource services Component elements of the contract/event: menu design; food and beverage service style; staffing; timing; space layout; decoration; entertainment; lighting and sound External factors: socio-cultural; economic; political; technological; environmental; legal LO2 Understand the operational issues which affect the success of event management Elements of project management: action planning; product knowledge; decision-making; scheduling; administration; client liaison; component elements of the event; liaison with internal/external providers (executive chef, restaurant/bar manager, HR manager, front office, AV technician, florist, artiste/agent) Food and beverage systems: suitability of menu design; type of food service system for a particular contract and event catering situation; suitability of purchasing; delivering and storage systems Marketing and sales issues: product placement;...
Words: 855 - Pages: 4
...i. Discuss the legal and statutory requirements that apply to rooms division operations. Hotels have become vulnerable to ensure safety on account of high profile guests that include foreign tourists. While hotels being public places recognise the importance of vigilance and security. Hotels have to inspire tourist confidence to choose Mauritius hotels as their destination. Guest expect their hotel accommodations to be safe and secure, therefore hotels must adhere to a long list of rules and regulations. They must have safe and secure door locks, fire-prevention measures, exit strategies and plans, pool safety, first aid, security guards and security cameras. 1. The occupational Safety and Health Act The mission of OSHA is to help employers and employees to reduce the number of job injuries, illnesses and death on the work place. OSHA regulations standards require the hotel industry to maintain conditions to adopt practices and to protect workers on the job. It ensures that employees should be familiar with and comply with standards applicable to their establishments. Moreover, OSHA ensures that employees have and use personal protective equipment when required for safety and health. OSHA promotes workplace safety and health by: * Implementing new safety and health management systems. * Inspects Hotels worksite. Hotels failing to adopt OSHA regulations may be cited or fined. * Establish rights and responsibilities of employees and employers. * Supporting...
Words: 1789 - Pages: 8
...Statutory Interpretation (not examinable) • Literal Rule There are three (3) principles of law that can be applied to interpret the law, where the Literal rule can be applied and if absurdity exist either the Golden or the Mischief rule can be used. The Literal rule considers the law as what it says where the natural meaning of the words are used for interpretation; this can be depicted in the case Regina v Barrymore where the defendant was charged with the offence of wounding with the intent to murder, however the learned magistrate of St John’s Magistrate’s court committed the defendant to stand trial on a charge of wounding with intent to do grievous bodily harm. The court however had no power to commit the defendant for any offence other than the offence with which he had been charged. • Golden Rule The Golden rule is an extension of the literal rule, giving either narrow or wide meaning to the law; the Narrow meaning can be exemplified in the case of Marilyn Spenser v the Attorney General (AG), where the appellants, members of the Executive of the Committee of the Hallelujah Square Tabernacle church submitted to the Attorney General (AG) articles of incorporation of the church as a religious non- profit organization. However, the AG rejected the request stating that a nonprofit company must be a commercial enterprise which is to be carried out without financial gain to its members. Wide Meaning on the other hand is used to give law a wider meaning...
Words: 21185 - Pages: 85
