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The Interior Design Of A Dispersed Hotel

Decent Essays

INTRODUCTION:
When being assigned within a team responsible for the interior design of a dispersed hotel, it is of vital importance to identify all legal issues, which may become present within the scenario. Then to furthermore, to achieve this, the IRAC approach to reach a solution and conclusion, which will be in favour of all parties involved.

SCENARIO A, QUESTION 1:
Our client (proprietor of the hotel) has come forward to our team with questions raised over the selection of flooring material, which has been suggested to be used within the hotel’s reception area. They wish to know whether it is possible for them to be pardoned from the potential of liability via them assembling large signs which provide guests to the common areas …show more content…

Similar to Latimer v. AEC [1953] AC 643, the proprietor would not be held accountable for beach of duty as they had provided sufficient signage for the patrons of the hotel, warning them of the potential hazard.

ANALYSIS/APPLICATION:
By providing signage, the guest has notified the visitors of the potential risk, which may occur within common areas of the hotel. Thus guests of the hotel have been informed and should approach the situation and act within an appropriate manner as to not sustain any injury or loss.

CONCLUSION:
As in Australian Safeway Stores Pty Ltd [1987] 162 CLR 479, it would appear that if injury occurred the proprietor would be liable to beach of duty of care, unless, he had placed appropriate signage. Therefore in this case, the proprietor would not be held accountable to injuries sustained.

SCENARIO A, QUESTION 2:
A material selected for the common area, which my team recommended, has caused a guest of the hotel to sustain injuries caused by slippage. Are we now liable to compensate for the injured guest, as my team selected the material? Would the outcome of the matter differ in anyway if the material selected complied with Australian Standards?

ISSUES:
• Is there a relationship between my team as the designer and the guests entering the hotel, therefore care of duty?
• Has duty of care been breached?
• Has my team as registered and qualified designers failed to successfully acquire the appropriate level of care owed to the injured party?

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