Introduction to Travel and Tourism, Hospitality and the Judicial Process
1. A. In this case, Hanna can claim for the damages for the sufferings she met owing to the incompetency of the hotel. Hanna can claim for the compensatory damages, that will include the out-of-pocket medical expenses incurred, lost wages and damages for the mental and physical agony suffered. She is also eligible to claim for the damages due to loss of enjoyment in life, loss of consortium or companionship, inability to engage in sexual activities during the recovery period, loss of services that will include loss of aid, companionship and assistance of the parent or another person, etc. .
1. B. Here, the plaintiff will not be eligible to claim for any punitive damages from the hotel as the defendant has not engaged in any wrongful acts such as violence, fraud or malice .
2. A. Here, the defendant is involved in a criminal case of theft of products. Prior to arriving at the sentence for the defendant, it is necessary to examine the circumstances that have led to the crime, which is the theft of energy bars. It needs to be examined if the defendant is financially weak or a legal resident of the country. Other important factors to be considered include the gravity of the crime, age of the defendant, criminal history of the perpetrator and the impact of the crime on the victim. In this case it can be seen that the perpetrator is just 24 years old, is unemployed and has no past record of any criminal activity. It should be assumed that the impact of the crime is minimal on the victim as the crime involved only the theft of a few energy bars and no physical damages or any high value losses
2. B. Considering the age, employment status and past criminal record of the defendant, it will be appropriate to award the defendant with a month in jail, followed by 6 months’ probation, during when the offender will be under the supervision of the probation officer. The defendant will also be liable to pay $500 as compensatory damages, failing which he will have to serve an additional 2 months in jail .
3. A. In order to be successful, the plaintiff should prove that he has stayed in the hotel on the said date and the injuries are caused due to the faulty bed in the hotel. The plaintiff should be able to provide facts supporting the case .
3. B. As the plaintiff is living in Illinois and the incident has happened in Nebraska, it is possible to take the case to the federal court. However, the estimated damages suffered are way less than $75,000 , even if the re-imbursement and compensation is considered. Hence there is a very good chance that the federal court will reject the petition .
3. C. The plaintiff should be able to provide the facts such as photographs of the broken bed, the hotel room, hotel check-in proofs, proof of travel like gas bills, toll receipts/state entry receipts, wayside restaurant bills and produce any witnesses in support for his case. Also, a medical report ascertaining the fact that the injury has happened due to a fall will also help the plaintiff to succeed in this case .
3. D. The plaintiff is a resident of IL and the defendant is based out of Nebraska. As the incident has happened in Nebraska, the plaintiff can file the case with a Nebraska court. The case can be commenced in Illinois only under special circumstances such as the hotel having their branch (preferably headquarters) in Illinois .
Civil Rights in Travel, Tourism, and Hospitality
4. A. This is a case of illegal discrimination as the victim is discriminated against his national origin and the establishment involved here is a place of entertainment .
4. B. It is not discrimination as the restaurant has acted based only their policies and is not discriminated against any race, color, religion or national origin .
4. C. Bed and breakfast establishments that have five or fewer rooms are exempted from the Civil Rights Act and hence this case cannot be deemed as discriminatory. The exception, referred to as the “Mrs. Murphy’s boarding house clause” provides the proprietors of such establishments with the freedom to retain discretion and control over its occupants .
4. D. This is a clear case of discrimination as the law does not provide any such provisions to deny rooms for unmarried couples .
4. E. Since one of the parties involved is a private club, it cannot be considered as discrimination as the club is registered as private and accessible only to its members. However, if in case the club is admitting non-members from other religious communities, this will turn into a case of discrimination
4. F. This cannot be considered as a case of discrimination as the deaf person was unable to produce any medical certificate proving is disability .
5. The Civil Rights Act of 1964 will govern the college as the state laws have expanded the scope of the Act to cover stores, schools and colleges. Also, as one variety of the candy is being purchased from outside the state, the store is involved in interstate commerce, a factor that acts in favor of applicability of the Civil Rights Act .
Contract Law in Travel, Tourism, & Hospitality
6. The primary components that should be part of a valid offer to contract include contractual capacity, mutuality, legality, consideration, proper form and genuine assent .
6. A. This is a valid contractual offer as the offer is definite and devoid of any vagueness .
6. B. This cannot be considered as a contractual offer as there is a hint of vagueness in it. The first person entering the shop is at the mercy of the shop owner to declare himself as the first person. There is no real proof to point that the first person is the real first person, the shop owner can make such a counter claim. This is rather an invitation to negotiate .
6. C. This should be considered as a valid offer as the offer is clear with the time duration/part of the day and the remuneration clearly mentioned .
6. D. This cannot be considered as a valid contractual offer as the terms are not clear. The seller has just expressed his wish to sell, but has not clearly stated the condition of merchandise or its price .
6. E. This cannot be considered as a valid contractual offer as the terms are not clear. The seller has just expressed his intention to sell, but has not clearly stated the condition of merchandise or its price .
6. F. This should be considered as a valid offer as the offer is clear with the cost per hour for undertaking the swimming lesson .
7. A. The primary legal issues include breach of contract and Sharon is entitled to either damages (monetary compensation) or specific performance (performance of the contract terms) .
7. B. The major argument made by George is the fact that he is not opening any new store from scratch. He has bought an existing store and is only involved in managing its operations and thus he is not violating any contractual terms .
7. C. Sharon will have to agree to George’s argument stated above. In this case, George is not opening a new bread and breakfast store. The store was in existence during the time when George and Sharon entered into the contract and only the ownership is changing hands. Thus, George is not violating any contractual terms and Sharon will have to admit this. The language is ambiguous in this case as far as Sharon is considered and its meaning can be debated in favor of George .
8. A. MAT has been unable to comply with the terms of its advertisement. It is a breach of the contractual terms as the offer was clear and Marie had signed up for the program by laying faith in the capability of the instructors as detailed in the advertisement .
8. B. Marie should be able to prove that the fraud was committed intentionally by using the names of two famed instructors for the advertisement. She should prove that the management of MAT has done this deliberately to attract more customers with profit as the sole motive .
8. C. Considering the situation, she has a case, even though the management has not committed any fraud. The ad was published 9 months back and it will not be fair to argue that the management should have anticipated the theft committed by one of the instructors. Even though the marriage holds a better chance, as in the case of the second instructor, the time duration of 9 months is still long to anticipate the leave. However, the management should have informed Marie and other participants regarding the non-availability of the instructors as advertised .
9. A. It can be seen that Laurie has received only oral assurance from the Westside Party House Manager and has not been mentioned in the signed contract. Laurie will not be able to sue the hotel as the services are not delivered yet and the buyer has not accepted it. Moreover, it is not mentioned that Laurie has made the payment and the seller has accepted the payment .
9. B. No. For the reasons mentioned above, the contract will not be voidable .
References
Find Law. (2016). Federal vs. State Courts - Key Differences. Retrieved from findlaw.com: http://litigation.findlaw.com/legal-system/federal-vs-state-courts-key-differences.html
Karen L.Morris, N. G. (2008). Civil Rights and Hospitality Business. In N. G. Karen L.Morris, Hotel Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 36-81). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Contract Law and the Hospitality Industry. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 84-84). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Contract Law and the Hospitality Industry. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 84-103). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Contract Law and the Hospitality Industry. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 103-110). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Contract Law and the Hospitality Industry. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 83-110). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Contract Law and the Hospitality Industry. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 90-92). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Introduction to Contemporary Hospitality Law. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 3-14). New York: Cengage Learning.
Karen L.Morris, N. G. (2008). Introduction to Contemporary Hospitality Law. In N. G. Karen L.Morris, Hotel, Restaurant and Travel Law: A Preventive Approach, Seventh Edition (pp. 11-13). New York: Cengage Learning.
