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

SOLUTION AT Australian Expert Writers

Details:
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

Order from Australian Expert Writers
Best Australian Academic Writers

QUALITY: 100% ORIGINAL PAPERNO PLAGIARISM – CUSTOM PAPER