Instructions :• It is recommended that you use the IRAC problem solvingmethod.• You...Instructions :•...

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Accounting

Instructions :
• It is recommended that you use the IRAC problem solvingmethod.
• You may use headings and subheadings to structure youranswer.
• Your answer must include legal references (relevant casesand/or sections of Acts).
The word limit is 600 words.
Question 2
Earlier in the day, when Rob arrived at the Fancy Hotel beforethe performance, he was surprised to find that there was a valetcar parking service. Rob had not been to the Fancy Hotel before buthad used a valet car parking service in the past at another venue.He gave the keys of his Mercedes to the valet attendant andreceived a ticket in return. He put the ticket into his walletwithout reading it.
At the end of the night, he goes to the valet desk and to askfor his car, but it is missing! One of the valet attendant’srecalled handing the car keys over to a customer who had lost histicket but who was able to identify the car when walking throughthe 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 FancyHotel will not be responsible for any damage caused to carshowsoever that damage is caused.’ Steve then says that the sameclause is also printed on a large sign in the Hotel entrance. Robprotests and says that he never read the ticket and as he did notenter the Hotel through the main entrance he never saw the sign.Rob wants to sue.
Using relevant legal principles, discuss whether Robwould be able to sue the Hotel, or whether the Hotel would be ableto rely upon the exclusion clause.

Answer & Explanation Solved by verified expert

4.4 Ratings (599 Votes)

Issue The issue here is to be determined is whether Rob has the right to sue the Fancy Hotel or whether it is the Fancy Hotel that can rely on the exclusion clause to avoid its liability of looking after the car of Rob Rules Exclusion clauses are often printed in contracts that allow the parties to a contract to avoid certain liabilities provided the conditions mentioned in the exclusion clause are satisfied However exclusion clause does not mean that the parties to a contract can avoid regular and normal liabilities that are expected to be performed by the parties to a contract Thus See Answer

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In: AccountingInstructions :• It is recommended that you use the IRAC problem solvingmethod.• You...Instructions :• It is recommended that you use the IRAC problem solvingmethod.• You may use headings and subheadings to structure youranswer.• Your answer must include legal references (relevant casesand/or sections of Acts).The word limit is 600 words.Question 2Earlier in the day, when Rob arrived at the Fancy Hotel beforethe performance, he was surprised to find that there was a valetcar parking service. Rob had not been to the Fancy Hotel before buthad used a valet car parking service in the past at another venue.He gave the keys of his Mercedes to the valet attendant andreceived a ticket in return. He put the ticket into his walletwithout reading it.At the end of the night, he goes to the valet desk and to askfor his car, but it is missing! One of the valet attendant’srecalled handing the car keys over to a customer who had lost histicket but who was able to identify the car when walking throughthe 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 FancyHotel will not be responsible for any damage caused to carshowsoever that damage is caused.’ Steve then says that the sameclause is also printed on a large sign in the Hotel entrance. Robprotests and says that he never read the ticket and as he did notenter the Hotel through the main entrance he never saw the sign.Rob wants to sue. Using relevant legal principles, discuss whether Robwould be able to sue the Hotel, or whether the Hotel would be ableto rely upon the exclusion clause.