Business law Assignment Example | Topics and Well Written Essays - 2750 words

Business law - Assignment Example The guests should be in fit and able to make payments as per Section 1(3) HPA 1956. As per the British Law the innkeeper will be in the liability for safeguarding the interest of the guests in reason for the award received from the guests. The innkeepers are also bound to supply accommodation to the guests along with their luggage. The hotels have the right to allocate the rooms to their guest. The hotel authority is responsible for the safety of the guests during their stay in the hotel. The hotel authorities are in charge of taking reasonable care for the safety of their guests during their stay in the hotel. As per the British law the innkeeper’s liability for the safety of their guests is strict. The issue of liability of the hotel authority arises only if there is negligence on the part of the innkeeper regarding the belongings of the customer. In case of non delegable duty greater standard of care is required by the person or authority in responsibility but only in respe ct of those things as stated by them and not those which has been prohibited or not stated by the innkeeper (Brotherton, 2000, pp.145). Again based on exemption clause, a contract between two parties might include some limitations or exemption as per requirement. A party might be exempted from some liabilities based on some clauses (Jones,2011, p.168). Based on the rules stated above, Freda could not blame the hotel authority for the misplacement of her belongings. The hotel authority clearly stated â€Å"The Gullies Hotel and its Management would not be held liable for the safety of any valuable left in the guest's room and the Hotel has safe deposit boxes at the reception.† This is an exemption clause which limits the liability of the innkeeper in this case. Freda’s charge would have relevant if she had kept her belongings under the safe deposit box whose responsibility was borne by the hotel authority. 2. Discuss the doctrine of precedent. Give specific case example s where the court has applied this legal principle. Doctrine of Precedent or Stare Decisis is a part of common law. It is a process by which courts use verdicts made in earlier cases to assist the verdict of the case presently in consideration. The precedent is arrived by combining the verdict given in the previous court cases under similar facts. There have been many cases which came into the court room but their decisions could not be given just because there were no fixed laws prescribed. Judges often delivered verdicts in the courts based on an impulse or sentiment. To overcome such shortcomings the doctrine of precedent was framed where the law stated on a case was followed over time as judges abided by the decisions of previous cases. The judges would meet regularly and evaluate the decisions they made earlier. They would choose the most suitable verdict and apply those if any similar condition came up. The Doctrine of Precedent is subject to certain general rules. As per the binding precedent rule, lower courts are bound to follow verdicts made in superior courts. As per persuasive precedent, superior courts have an option to use the help or refer cases of lower courts in decision making. Most courts are by law bound to follow their own decisions made earlier. The verdict given by the judge has two parts. Ratio decidendi states the principle or cause for deciding the case in a particular way. It forms