BUSINESS LAW

Business Law

Business Law

Answer 1

It was an unfortunate incident for Freda as all her items were lost while she left for the meeting. However, the legal action taken by Freda is not applicable under the policy mentioned by the Hotel. When Freda booked a room at the hotel, there was a notice attached on the back of door that clearly read that the hotel management cannot be held liable in case of any loss of the valuable items of the customer. However, Freda did not remain cautious and she had to suffer as a result. This was certainly Freda's mistake. The hotel is doing the right thing by denying any sort of liability for the damages. The hotel is not liable for the item's lost because the Company had a clear policy in this regard. Fred must have shown some responsibility and must have deposited all the valuable items at the Hotel's safe deposit boxes at the reception. The hotel even provided Freda an option to store their valuable items (Easterbrook & Fischel, 1991, 123).

The case would have been totally different if these items would have lost from the hotel's safe deposit box. The reason is that in such a case, it would have been the hotel's responsibility to keep the Freda's valuable items' safe. The legal action taken by Freda could have worked under such scenario and the hotel management must have accepted their fault. However, this was not the case and such a thing would have entirely changed the legal aspect of the incident. The legal actions always require strong evidence because the verdict of the case is dependent on this factor. The hotel management has a strong evidence to prove their claim on this entire issue. The notice attached on the back of the door was the main evidence. On the other hand, Freda does not have any legal evidence. Therefore, the legal action taken by Freda does not have any value under the current scenario (Posner, 1986, 175).

Answer 2

The doctrine of precedent is a legal concept which forms the basis for a reasoning and decision making task related to a particular case. When a high court has made a major legal point in one case, it then becomes a binding for the other courts. This is a major point in the legal circles because it occurs at a frequent level. The understanding of this doctrine in detail requires the examination of the hierarchy of the English Courts. The hierarchy of the English Courts lays a foundation for adopting a specific legal doctrine. The House of Lords has the highest position, and the decision taken by them becomes a binding to the lower courts such as the Court of Appeal, Crown Courts and County Courts. This doctrine also has another title and is even recognized as the doctrine of stare decisis, that signifies the court ruling in detail. This doctrine is the primary code of English ...