Business Law

1345 Words Jul 10th, 2013 6 Pages
Qn 1: Whether James can hold the Happy Holiday Hotel for the loss of his property under the common law?
The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms.
Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after the contract has been made, the clause will be deemed as not valid.
Based on The Exemption Clauses in Common Law, although the hotel have displayed many signs stating that “Management will not be responsible for any valuables lost if these are not
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There is also an Act which can be use to defend for Occupier’s Liability which will be The Contributory Negligence Act. Under this Act, if the someone’s injury is due to his own negligence, he would not be able to request for full damages from another party who cause this accident
For this case of James, The Law of Tort under Occupier’s Liability, James could hold Happy Holiday Hotel responsible for his injuries. This is because under this law, the hotel has the responsibility in ensuring that James is safe from injuries during the stay in the hotel. Based on the case has also shown that the hotel has not been doing regular maintenance check or put up any warning sign to inform their customer that the door handle is faulty. Hence according to the Duty of Care, the hotel’s negligence had causes James injuries. On the other hand, the hotel could defend themselves by bring up The Contributory Negligence Act, because the injuries of James is partially due to his own negligence act by attempting to escape from the trapped cubicle by getting onto the toilet seat then onto the toilet holder which it gave way, causes James to fall backward and injured his head. Referencing to a case of Sayers v Harlow UDC (1958), a 36 years-old woman have paid to use a public toilet, after which she have found herself being trapped inside a cubicle which

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