Scenario
Jane is the manager of a small hotel, Hotel Brit, located in a secure and nice area of London. She places an advertisement in the newspaper on 02.10.2015, stating:
“For Sale – Desk Lamp, never used. Cash Sales only. Price: £250 Offer valid for one week only” John sees the offer and sends a letter of acceptance on the same day. Mary sees the offer and goes to check the lamp and offers £300.
Two days after the advert was posted, John comes to the hotel to pick the lamp up. Upon entering the hotel, he slips on a small hotel napkin, which was dropped by Sasha, the hotel cleaner. While trying to pick himself up, John holds on to the safety rail by the entrance. The safety rail is broken and John falls down again injuring his back and damaging his brand new phone.
John had signed the visitor book, on the cover which was written: “The hotel will not be liable for any injury or damage to the visitors”
Task 1 (LO1.1, 1.2, 1.3, 2.1)
Explain the elements necessary for contract formation in light of the above between:
(i) Jane and Mary
(ii) Jane and John
Task 2 (LO3&4)
Advise John in relation to the tort of negligence, in terms of liabilities faced by the hotel if any and remedies available to John.
