MR. TERENCE V. HOTEL FERRAGAMO

Case Study: Mr. Terence v. Hotel Ferragamo

Case Study: Mr. Terence v. Hotel Ferragamo

Introduction

Hospitality puts the liability on both the guest and host. Hospitality operator is responsible to create a welcoming environment, to offer food and to treat the guest with the respect they are due. To do so, there is a need of a sound legal framework that facilities the hospitality industry to operate effectively. There is a reciprocal relation implied between owner and guests constituting of mutual duties and obligations. The legal framework is vital to ensure that the owner fulfils its responsibility to provide safe accommodation and fulfil duty of care and guest's tranquillity; however, the guest should exercise due care and do not engage in an offensive conduct. The Legal/Court System

The legal/court system of Singapore is based on English law. The legal/court system of Singapore comprise of two tiers: Supreme Court and Subordinate Courts. Supreme Court consists of the Court of Appeal and the High Court. Subordinate Courts consist of Magistrate Courts, District Courts, Small Claims Tribunals, Coroners' Courts and Juvenile Courts. In case of Mr. Terence, the case comes under the Small Claims Tribunal. These tribunals handle small claims between proprietor (Hotel Ferragamo) and customer (Mr. Terence). This Tribunal has the jurisdiction to deal with the cases, in which the claim did not exceed 10,000 SGD; whereas, in few cases can exceed up to 20,000 SGD. Within a year, these claims must be lodged of the issue and parties usually do not require a lawyer as their representative. Referees chaired the Tribunal that is appointed by the President, on the Chief Justice's recommendation. Moreover, major Singapore law portion includes tort law, equity and trust law, particular contract law, property law and hospitality Law (www.singaporelaw.sg).

Legal Responsibilities of Hospitality Operations

Law of Negligence

In Singapore, the law of negligence is largely grounded on English law, even though, there are districts where the Singapore courts have preferred to overlook the principles adopted by the Britain courts. Negligence can be defined as a tort that necessitates more than just lack of care. Mr. Terence (plaintiff) who desires to sue in negligence should demonstrate that Hotel Ferragamo (defendant); that infringe caused to Mr. Terence comes under recoverable damage; and that there was a violation of legal responsibility by the hotel. Mr. Terence can sue the Hotel Ferragamo under the law of negligence as he has undergone severe economic loss and physical injury due to the negligence of the hotel. As regard to this case, the hotel management failed to offer safety and care to its customer that resulted in ankle injury, lost a business contract and damage his laptop. Thus, the court has sanctioned economic loss recovery that comes from physical damage under negligence law. In contrast, hotels are not responsible for every loss or accident that takes place within the hotel, nor do they cover the unconditional safety of all guests; however, they are liable to provide general care to all customers ...