Saturday, June 15, 2019
Business law Assignment Example | Topics and Well Written Essays - 2000 words - 2
Business law - Assignment ExampleIn the case where the hotel may try to disclaim financial obligation through posters that deny responsibility for loss of belongings by guests, they are simply trying to gain extra protection than that allowed under the law. In this case, hotels may lose protection against liability under state law while being held liable for loss by the guest (Sherry & Sherry, 2011 p105). In this case, Gullies Hotel provided a notice that limited its liability for items left in the rooms. However, the liability limit must be posted in a conspicuous place for the guest to read (Sherry & Sherry, 2011 p107). Gullies Hotel posted their liability limitation behind Fredas door, and it is not clear if this is conspicuous place. UK statutes state that where a hotel provides for dear deposit boxes and notifies guests of the box by posting conspicuous notices notifying the guests of their presence. If the guests do not deposit their cash, jewelry, and other valuables in th e boxes, the hotel cannot be held liable for the loss. ... Therefore, Freda cannot claim any liability from the hotel since it was through her negligence that she did not deposit her valuables with their safe deposit box. Q2 The doctrine of precedent is defined as a policy that the court of justices that must ache by principles that were established in earlier cases and their decisions (Duxbury, 2008 p76). In The UK and the US, Common Law has adhered, traditionally, to precedents that were set in earlier cases as law sources. The doctrine of precedent distinguishes obliging law systems from common law while giving extra weight to scholarly opinions and codes of law to explain them. Under this doctrine, when a court answers a specialised question, this question in other cases that are similar must also elicit a similar response. This applies for the same courts or lower courts in the occurrence jurisdiction (Duxbury, 2008 p76). The doctrine of precedent has not always been appli ed with similar strictness. In medieval England, courts that dealt with common law looked for guidance from earlier cases, although they could not hold out the ones that were considered to be bad law (Duxbury, 2008 p77). The courts also applied incomplete reliance on decisions made earlier since there were no written judgments. Official reports of court hearings started to be made in the United States in the early 1800s while this happened in 1865, in England. Finally, judges and lawyers got direct access to these rulings and were able to interpret their decisions to a greater extent accurately. In order for the doctrine to be effective, all the jurisdictions need a higher court to declare the precedent-setting case in law. In the US, the Supreme greet acts as a
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