Assignment 1 - Brad Lacey PDF

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Brad Lacey...

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Part 1  1. Offer- The guest has made the offer to book the room for $150. 2. Acceptance has been made by the hotel in expectation of getting money for the service. 3. Consideration: There is a service in exchange of money provided guest checks-in by 6 p.m. 4. Legal capacity: Both the parties are of sound mind and legally bound by the contract. 5. Genuine consent: None of the parties forced other to agree to the contract. Both had intentions to form the contract. 6. Legality: The contract is legitimate and comes under daily business contract. It is perfectly legal in nature[ CITATION Ele18 \l 4105 ].  The guest made the offer and hotel accepted it.  This comes under a doctrine called invitation to treat wherein one party invites other to make

an offer. Once the offer is made by the other party it is up to the party who is

inviting to either accept or reject the offer. This is generally for the businesses like hotels and restaurants. Other element of the contract is the timing which requires for the guest

to check-in by 6.PM. In case the guest does not check-in on time then the hotel is no longer bounded to give the accommodation to the guest[ CITATION Con18 \l 4105 ].

Part 2

 One of the conditions of the contract has not been met. Therefore, the hotel is not liable to provide the accommodation to the guest if over booked. One of the conditions of the contract was the deadline of the 6 p.m. An exception could have been made if the guest would have contacted the hotel about the entire situation. However, no show at the time of the check would be amount to the contract being voided[ CITATION Bre16 \l 4105 ].

 The fault would be considered of the guest in this situation for not showing up on time and breaching one of the covenants of the contract between the hotel and the guest.

 The hotel may refuse to accommodate the guest and should advise the guest to book elsewhere. If at all, the hotel may help the guest with the name and locations of another hotel where the guest could stay.

Part 3  Yes, the hotel is within rights to charge the guest because the reservation was guaranteed however the hotel has the duty to accommodate only when the guest shows up on time. Post that the hotel may resale the room to minimize its losses[ CITATION Hot19 \l 4105 ].

 You being a guest could have gotten the refund if the reservation would have been canceled as per the cancellation policy agreed at the time of the contract. However, now the hotel is not liable to make refund and you cannot ask for the refund despite not using the hotel accommodation.

References Breach of contract. (2016). Retrieved from scholarwork: https://scholarworks.umass.edu/cgi/viewcontent.cgi? referer=https://www.google.ca/&httpsredir=1&article=1068&context=jhfm Contract law . (2018). Retrieved from kfknowledgebank.kaplan.co.u: https://kfknowledgebank.kaplan.co.uk/acca/chapter-2-contract-law Elements of a Contract. (2018). Retrieved from contracts.uslegal.com: https://contracts.uslegal.com/elements-of-a-contract/ Hotel Overbooking — A Basic Guide for Hoteliers. (2019). Retrieved from texaslodging.com: https://texaslodging.com/hotel-overbooking-a-basic-guide-for-hoteliers%EF%BB%BF/? gclid=Cj0KCQiApt_xBRDxARIsAAMUMu-MZJ0dsypPXRMEWK-ty5j6JfaNgtZNFhyPTd5AskJSW2971n06m4aAg82EALw_wcB...