Law question

2007-11-23 3:19 pm
John booked a single room 10th August paid a deposot of 50 pounds but when she arrived on 10th August and demanded her room for the night she was told that her booking was for 11th August and not for the previous day. Melanie, the receptionist who took the telephone booking on 3rd July had inadvertently booked her in for 11th August.

1) Identify and explain in detail the legal points relevant to each of the above situations.
2)Advise all paries as to their rights and liabilities.

回答 (1)

2007-12-07 2:40 am
✔ 最佳答案
In fact, John paid deposit and got receipt. The receipt clearly stated that the date the room was booked. If John did not read the receipt and the receipt stated the date was 11st August. It was very possible that it was the responsibility of John since John had no evidnece to prove the mistakes of the hotel

If the receipt stated the date was 10th August, in practice, it was claimed that the hotel would give compensation, for example, they would find room of another hotel at the same class for you when the hotel was full. If not, the receipt was the strong evidnece to claim damages.

The case seems to ask whether there was a legal binding contract. Since it consisted of offer (John requested a room), acceptance(Hotel confirmed the booking) and consideration (50 pounds deposit), it was a contract. Since it did not involve the interest of land, assume there was no receipt, it could be verbal contract and not be restricted to be written contract. However, any third party was there as witness when the contract took effect. Without the witness, it was difficult to argue for or against the verbal contract.

If John did not sue according to the contract and chose tortious liability of negligence, he had to prove the hotel had to give him duty of care and the hotel owed him duty of care and the course of causation was direct enough. But John could sue either according to the contract or tortious liability.

For Melanie, since the case was on the course of employment, vicarious liability led the employer had to obligate for her mistakes when John sued Melanie tortious liability and the court awarded John.

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