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合同法案例分析 Contract Law Case Study of Hotel

时间:2018-03-27 09:14来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien
Contract law involving a hotel and client A.
In this scenario, the first significant point is the nature of the parties’ respective first dealings with one another. From the hotel’s point of view, their first contact with A was through their advertisement on their website. This advertised the price of accommodation at the Scarborough Palms Hotel as being £300. From A’s point of view, his first contact with the hotel is through an initial emailed enquiry. Although we are not told exactly what A’s initial enquiry was concerned with, it is probable that it was simply asking for details of the offer.
In order to establish what the nature of the ultimate contract is, between the hotel and A, it is first necessary to find the ‘offer’ and ‘acceptance’; the constituent parts of any contract. An offer has been held to be a statement which objectively (I.e. to a reasonable observer) indicates that the person making the ‘offer’ is prepared to contract on the terms specified in that offer (Gibson v Manchester City Council). It would at first sight, appear that the hotel’s website and advert for the accommodation at the specified price was an offer. This, however, is not the case, as it has been held by the courts that advertisements are usually ‘invitations to treat’ rather than offers, as the advert usually lacks the other essential ingredient of a contract; an intention to be legally bound (Partridge v Crittenden). This principle is in place in order to protect the advertiser from incurring liability in contract to everyone who is willing to purchase the goods (in this case, the holiday), at the advertised price. An ‘invitation to treat’ is an invitation to the other party to negotiate the terms of a potential contract. A responds to this invitation by making his initial email enquiry, which can similarly be classed as an invitation to treat, or perhaps simply an enquiry. No offer has yet been made by either party (Fisher v Bell).(责任编辑:cinq)

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