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LO1: Identify the principle rules governing the operation of the English Legal System and Business Law. The latter includes such topics as, Contract Law, the Law of Tort, Employment Law and Agency.
LO2: Undertake legal research, as process which requires initiative and logical organisation in order to produce a competent legal argument.
LO3: relate knowledge of English Law to help solve legal problems set within a real-life contextual setting.
Simon, a commercial traveller, when visiting potential clients in Exeter, regularly stayed at the Excelsior Hotel. On the back of his bedroom door there was a notice stating that, 'neither the hotel, not its management or employees, shall be liable for any personal injury, loss or other damage to guests or their property howsoever caused'.
On arrival at the hotel on the last occasion Simon allowed his car to be parked by the porter who, whilst driving it negligently, backed it into a concrete post, causing severe damage to the rear offside wing of the car. Simon, on being informed of this incident, went to inspect the damage but tripped on a loose piece of carpet on the stairs fracturing his right arm.
On leaving hospital and having inspected his car at the local garage, Simon decided to have a few days' holiday to recover from his trauma. He rang up and booked at the luxurious Red Lion Hotel in Windermere. Arriving at the hotel he found the reception extremely busy with a coach party. Whilst waiting he read a notice headed 'Terms and Conditions' on the wall. Clause 3 stated that the hotel would not be liable for any losses caused to a client by virtue of the hotel being overbooked. When Simon's turn in the queue came he was told that the hotel could not offer him any accommodation. Simon protested that he had booked in advance but this was to no avail, the manager pointing out the clause in the terms and conditions.
Advise as to whether the exemption clauses will prevent Simon from being successful in his actions against the Excelsior and Red Lion Hotels.
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The given case study on exemption clauses has the following components:
In this report, the different English legal laws will be discussed which are applicable to the two cases against Excelsior and Red Lion Hotels.
The case against Excelsior can be analysed with English Tort law, specifically related to negligence.
The hotel had clearly mentioned in the back of the bedroom door that the hotel would not be responsible for any losses due to injury or any damage caused to the property of the customer. The customer, Simon faces the following losses and damages:
While the first damage was caused due to negligence of Porter employed by the hotel but the second damage was completely accidental. As the injury caused was purely accidental, Simon cannot claim liability for the injury. However, as Porter was employed by the hotel, and the damage was due to negligence of Porter, the exemption clause can't prevent Simon from winning the case against Excelsior.
English Tort law can be used to analyse the current case. The English Tort law is a law that governs inherent civil authorities that people need to know in order to oppose specific obligations laid out in agreements (Treitel, 2003). It gives legal remedies, i.e. pay money to those who have been harmed due to the negligence of the other person and fail to meet these inherent responsibilities. Unlike criminal law, it mostly deals with the responsibility of individuals to the state where a court has the right to prohibit the freedoms of people.
