Question 1
This is the National Tourism Development Authority of Ireland working to ensure that Ireland is a highly-favored tourist destination and that it remains competitive in the global market. As the authority mandated with overseeing the performance and running of the tourism industry in Ireland, Failte Ireland's numerous roles are statutorily governed. The agency has such duties as stating operational and service standards of the tourism sector, registration of service providers, ensuring that necessary insurance covers for tourists visiting Ireland are provided, and setting environmental standards to be adhered to by businesses in Ireland. From the view of it all, Fáilte Ireland's primary objective is developing the tourism industry and marketing on the Irish Island.
According to (OECD-UNEP, 45), Fáilte Ireland ensures compliance of businesses with the necessary environmental standards. About maintaining environmental standards, the agency assesses the impact of environmental change on tourism. Its duty is also to ascertain the likely impact of proposed climatic changes on travel. The agency also has a responsibility to act as a role model to businesses by ensuring that it manages its carbon emission, communicate challenges facing the industry and raise awareness, offer visitors low-emission choice and ensure that regulate the carbon out of the industry. Therefore, it is Mike's duty as an investor to make sure that his business complies with the functions mentioned above of Failte Ireland for his business to operate smoothly in Ireland.
As the developer, regulator and marketer of the tourism industry in Ireland, Fáilte Ireland conducts an assurance of all organizations and businesses seeking to become tourism service provider on the Island. Statutorily the body is allowed to delegate duties like offering advice to businesses to other agencies. For instance, the Agency appointed SouthWestern as the new National Quality Assurance Framework Provider in Ireland. Consequently, this means that it's SouthWestern which has a duty to advise business owners on the required national standards of the tourism in Ireland (New National Quality Assurance Framework Provider Southwestern 1-3). Such an assignment gives Mike the right to receive advice on running a tourism business in Ireland, in this case, The Five Star Family Tree Hotel he intends to run.
Mike has several other rights provided for under Irish law. It has been customary that one person's duty gives the other party a right to claim that the individual under the said duty should act as required. In light of this fact, Failte is under an obligation to register Mike's accommodation and hotel business. SouthWestern, as delegated to it by Failte, has a duty to ensure all companies are classified into the specified categories and to provide business advice to developers and business managers as it is in the case of Mike. It is also their responsibility to hand all the complaints submitted to them by both business owners and developers (New National Quality Assurance Framework Provider Southwestern 1-3). As SouthWestern does the assessment, Fáilte Ireland has to approve all such evaluation and ensure the award of performance certificates. In reverse, these responsibilities are the rights that Mike has. The National Tourism Development Authority Act Section 8 provides for Failte the roles of the authority and as I have mentioned above, the Act further Allows Failte to delegate its duties as it did to SouthWestern (National Tourism Development Authority Act 2003, Section 8).
Question 2
Therefore, it is a legally established principle that each party to a contract is under obligations to fulfilled and perform part of their contract entirely, failure to which the contract is rendered to be void. In this case, Sid played his part of the deal. GreenJet, on the other hand, was under responsibility to flying Sid from Malaysia to Dublin at the agreed time and date. Legally, one party's failure to obey its contractual obligation results from a breach of contract. As a result, a violation occurred when a GreenJet failed to perform its part in specified time, did not act as under the terms of the agreement. From the excerpt, it is evident that GreenJet breached the contract because of its failure to fly on time and subsequently not taking good care of Sid's property (The Law Handbook). Since Sid had contracted GreenJet to ensure he traveled in the required time and ensured the safety of his luggage, such failures resulted in the breach of duties owed to him. As a result, Sid was entitled to compensation from GreenJet for loss of his bag and the delays caused to him.
In this discussion, the law of torts is another area worth considering due to the instance of negligence visible from this case scenario. Tort law, as otherwise referred to, is a body of rights, obligations, and remedies that are usually applied by courts to redress for individuals who suffered harm from wrongful actions of others. In our case, Sid suffered personal injuries due to as a consequence of GreenJet's injurious acts and omissions. When he bought the ticket, Sid had legitimate expectations that the plane was in a good state and that he would take his flight and arrive on time. GreenJet demonstrated negligence because they had a duty to inspect the aircraft before flight time but failed to do that. Negligence is the failure to take reasonable care to avoid causing injury or loss to another person (The Law Handbook). Inability to perform their duty was an act of omission which was injurious to Sid hence entitling him to a remedy.
Subsequently, bottles ought not to have been placed in the passenger sitting place on the plane to avoid unnecessary accidents like the one caused to Sid. It was foreseeable that putting bottles in those locations was dangerous to passengers in case of turbulence and therefore preventing unnecessary. However, the acts and omissions of GreenJet concerning the bottles were an act of negligence. Negligence results where the defendants are under a duty of care to act in a particular way or meet a certain threshold but fails to do so hence occasioning harm to others. Literary, negligence occurs where there is a duty of care owed by one person to another, (The Law Handbook).
Nancy who developed trauma because of fear also suffered greatly due to the negligence of GreenJet. They should have made sure that the plane is in good shape before taking off. The topic of negligence has been dealt with significant details in the case of Donoghue V Stevenson (1932.) Mrs. Donoghue got to a café with a friend who bought her a bottle of the ginger beer bottle and ice cream. The ginger beer bottle came in an opaque bottle so that the contents inside were not clearly visible. Mrs. Donoghue consumed half the contents of the bottle by pouring some of the content over her ice cream. After eating part of the ice cream, she poured what was remaining in the bottle over the ice cream, and then a decomposed snail emerged from the bottle. Mrs. Donoghue suffered personal injury and trauma consequently. She commenced a legal claim against the manufacturer of the beer. Her claim was successful. This case has been the basis of the modern day tort of negligence. The injured parties, in this case, can sue for damages, (Townsend and Luck, 133).
Works Cited
Climate Change and Tourism Policy in Oecd Countries. Paris: OECD, 2011. Internet resource.
Irishstatutebook, National Tourism Development Authority Act 2003.N.P. 2016.Web. 17 Aug. 2016.
New National Quality Assurance Framework Provider Southwestern. 1st ed. Dublin: Failte Ireland, 2015. Web. 19 Aug. 2016.
The Law Handbook . "Negligence, Liability And Damages - The Law Handbook". The Law Handbook. N.p., 2015. Web. 18 Aug. 2016.
The Law Handbook. "Elements Of A Contract - The Law Handbook". The Law Handbook. N.p., 2015. Web. 18 Aug. 2016.
Townsend, Ruth, and Morgan Luck. Applied Paramedic Law and Ethics Australia and New Zealand. Chatswood, N.S.W: Elsevier Australia, 2013. Internet resource.
