Instructions : • It is recommended that you use the IRAC problem solving method.
ID: 394380 • Letter: I
Question
Instructions :
• It is recommended that you use the IRAC problem solving method.
• You may use headings and subheadings to structure your answer.
• Your answer must include legal references (relevant cases and/or sections of Acts).
The word limit is 700 words
Question 2
Earlier in the day, when Rob arrived at the Fancy Hotel before the performance, he was surprised to find that there was a valet car parking service. Rob had not been to the Fancy Hotel before but had used a valet car parking service in the past at another venue. He gave the keys of his Mercedes to the valet attendant and received a ticket in return. He put the ticket into his wallet without reading it.
At the end of the night, he goes to the valet desk and to ask for his car, but it is missing! One of the valet attendant’s recalled handing the car keys over to a customer who had lost his ticket but who was able to identify the car when walking through the carpark.
Rob is furious and demands to speak to Steve, the hotel manager. Steve points to the back of Rob’s ticket which reads: ‘The Fancy Hotel will not be responsible for any damage caused to cars howsoever that damage is caused.’ Steve then says that the same clause is also printed on a large sign in the Hotel entrance. Rob protests and says that he never read the ticket and as he did not enter the Hotel through the main entrance he never saw the sign. Rob wants to sue.
Using relevant legal principles, discuss whether Rob would be able to sue the Hotel, or whether the Hotel would be able to rely upon the exclusion clause.
Explanation / Answer
In this specific situation Hotel would be responsible as hotel gave out the car to some other person without even taking adequate identification or procedure for any specific process for retrieval of the key or verification of the owner. This is a clear case of negligence by the hotel for providing card to an unknown person without any kind of verification.
As in this condition Rob does not read the ticket or did not came from the main entrance had no point for showing the hotel but Hotel also shown clear negligence against basic priority of a Parking service unintentionally gave Rob's car to someone else with which we can say that the hotel is responsible for the specific case on the basis of negligence law.