63211 – Assignment 1- Exception clause (“The Hotel Management,

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Assignment 1- (“The , takes no responsibility for any mistakes, made by us or by our staff, howsoever caused, both in contract and tort”)- Innkeepers Act section 3 & 5 (statuary law) (applicable to all hotels in Singapore) will be relevant for the diamond ring issue- Unfair contract terms act 1977 (page 52) (but google section 2 and 3)- Some of the issues are in the contract and the others are in tort- Both use the IRAC formula- Unliquidated damage- First, find how many people are there:1. Hotel2. Daniel3. Mary4. Shirley (infant)5. Parents (McAlisters)- Losses:1. Diamond ring2. Loss of profits3. Emotional loss or injured feeling4. Reputation loss5. Medical expensesIssues of Tort:Losses:1. Emotional loss or injured feeling2. Loss of reputation1st issue: can Daniel recover 1 million for the loss he suffers from the hotel2nd issue: if he can claim for the loss of the ring from the hotel, how much can he claim (look at the innkeeper’s act)?3rd issue: is the hotel responsible for the mistake committed by the employee i.e. Mary4th issue: can the hotel rely on the exemption clauses as a defense against the claim by Daniel5th issue: can Daniel claim the sum of 560,000 i.e. loss of profit against the hotel for the aborted contracts which he had with third parties6th issue: is Daniel claim for damages of 560,000 too remote i.e. is it too far away (pg. 115) 7th issue: can daniel claim his emotional losses from the hotel? (can daniel claim his loss of reputation from the hotel) {thoughts}8th: can shierly sue daniel for the losses (emotional loss and medical expenses) 9th: can she sue the hotel/ can she sue because she is an infant?10th: can the parents sue the hotel or daniel for Sherly’s lost11th: the unfair contract act, the applicable between daniel and the hotel 12th: if daniel cant claims all the money, what can he claim?For the hotel to be responsible, there must be 3 rules that Daniel must prove:1st issue1. The exist of the relationship between employer and employee (Mary is an employeeof the hotel)2. Mary must have committed a tort3. Mary committed a tort in the course of employment4. Is the hotel vicariously liable for the act of mary?2nd issuesWhat are the defences available for hotel 24

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