The Student Room Group

Some help please!

This is the question for a piece of legal research coursework that i have to redo.

Sarah and Julie are dance students, they decide to treat themselves to a weekend break together in Brighton. They book the hotel and Sarah pays using her credit card, Julie pays her back by cheque. The hotel brochure describes the hotel accommodation as luxurious with spacious rooms, exellent cuisine and superb service.

On arriving at the hotel, Julie trips over luggage carelelly left in a doorway and sprains her ankle. She has, in fact, damaged it severely and a year later has to have surgery to repair the damage.

The hotel is tatty, the rooms are small and the food rather dull. The waiters are surly and the room service never arrives. On their final evening, they d onot arrive back at their hotel until 3:00am. They are unable to enter the hotel as the front door, to which they were given a key, is bolted. They sleep on the steps untill the door in unlocked at 6:00am.

I know im looking at tort for the second parargraph. would contract law apply for the last one? Trade descriptions act? and what is the relevence of the credit card and the cheque in the first paragraph. any help would be greatly appreciated! :smile:
Well... maybe her cheque hadn't cleared by the end of the weekend so she'd be in a better position to demand her money back? I don't know :redface:
Reply 2
She wanted the hotel for relaxation I'm guessing as thats usually what people want a holiday for. There is a case invloving a guy booking a skiing holiday and the hotel not being what it was describes as, It's something like Jarvis v Swan Holiday tours. Here he could claim back damages because the purpose of the contract for the hotel room was rest and relaxation. look up that case (i'm sure thats right but I don't have any of my text books with me!) and it should help you. But it would come under contract.
Reply 3
thanksyou guys! i hate contract law!
Reply 4
Ariel4
thanksyou guys! i hate contract law!

i think the part who paid means because one of them didnt pay the hotel is that one still in contract with the hotel?
Reply 5
I think the point about the credit card/cheque is that Sarah (who pays with the credit card) has a contractual relationship with the hotel, whereas Sarah does not - her cause of action would come from the tort of negligence. Very much a Donoghue v Stevenson situation.

:smile:
Reply 6
misrepresentation,,possibly (?) for the description,,
Reply 7
Manatee, thankyou. i got the bit about misrepresentation, but thanks anyway. i think i know where im going with this now.
Its a rather poorly worded question - and I have to point out that we shouldn't be doing people's work for them. If people need help with a specific point then that's fair enough, the same applies when people have made a decent stab at a question.

I've been guilty of trying to prove my own knowledge of undergraduate law before, but I'm trying to restrain myself.
Reply 9
jurisprudence
Its a rather poorly worded question - and I have to point out that we shouldn't be doing people's work for them. If people need help with a specific point then that's fair enough, the same applies when people have made a decent stab at a question.

I've been guilty of trying to prove my own knowledge of undergraduate law before, but I'm trying to restrain myself.

In your opinion, of course.
Reply 10
jurisprudence
Its a rather poorly worded question - and I have to point out that we shouldn't be doing people's work for them. If people need help with a specific point then that's fair enough, the same applies when people have made a decent stab at a question.

I've been guilty of trying to prove my own knowledge of undergraduate law before, but I'm trying to restrain myself.


i dont want people to do the work for me, i just wanted to know that i was going in the right direction with it, that was all. and yes, it is a poorly worded question i think.
Reply 11
jurisprudence
Lauren18: Yes, 'we should not' points to it being an opinion, but just because I include 'we' does not mean that I imply that its an opinion that everyone here holds... Therefore it is, as you say, (just) my opinion - I didn't claim to speak for other people here if that's what lies behind your reply.

I suggest that if you intend to answer people's questions in future you give defamation a wide berth - you'll need to be able to draw a finer distinction between fact and opinion.

On a broader note, answering people's questions outright doesn't do them any favours.

Thanks for your suggestions, I'll err... bear them in mind... maybe.
Reply 12
just a thought and im a bit rusty but you may want to look at the applicability or otherwise of any statutory limitation periods for actions regarding the ankle. Can her lack of action mean her acceptance of this state of affairs. Sorry if I'm complicating the picture needlessly but these are issues I'd want clarification on if my ankle was broken!!
Reply 13
chriswhit
just a thought and im a bit rusty but you may want to look at the applicability or otherwise of any statutory limitation periods for actions regarding the ankle. Can her lack of action mean her acceptance of this state of affairs. Sorry if I'm complicating the picture needlessly but these are issues I'd want clarification on if my ankle was broken!!


i looked at the limitation act, and the time limit is 6 years.

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