Commercial Law Autosaved 
Commercial law Assignment
Tarasevich Iuliia
DipCom(HTM)-FT-17
CT0198361
Question 1
Issue
James wants to sue the Happy Holiday Hotel for the loss of his stuff because of the theft of his belongings by someone of the stuff.
Rule of law
Under the rules governing exemption clauses, an exemption cannot be introduced into a contract after the contract has been made. Based on the Exemption Clauses in Common law, clauses cannot be introduced after the contract has been made that shown in Olley v Marlborough Court (1949).
However, based to Spurling vs Bradshaw(1956), there is an exception that says past dealing are not considered as part of contract. It is called an exclusion clauses only if parties are involved have records of past dealings. An exception says that if the parties have had a history of previous dealings, then the person to be bound by the exemption clause may be sufficiently aware of it at the time of making the latest contract.
Application
It is considered when guests check in to the hotel for the first time, they must know the hotel is not responsible for valuables loss. In case if these are not given to the front desk for safe keeping their stuff, but guests maybe do not know about the exemption clause. In this example in case of losses their belongings, guests have the right to sue the hotel because they stay in a hotel for a first time, which is the most important and also, because of responsibility of the hotel conducted. In James case, the hotel is not responsible for his losses as he is a frequent visitor to Singapore and have always stayed at this particular hotel. Therefore the low of past dealing does not justify James and it is not possible to sue the hotel for him.
Conclusion
Based on the discussion I would say that James was
Tarasevich Iuliia
DipCom(HTM)-FT-17
CT0198361
Question 1
Issue
James wants to sue the Happy Holiday Hotel for the loss of his stuff because of the theft of his belongings by someone of the stuff.
Rule of law
Under the rules governing exemption clauses, an exemption cannot be introduced into a contract after the contract has been made. Based on the Exemption Clauses in Common law, clauses cannot be introduced after the contract has been made that shown in Olley v Marlborough Court (1949).
However, based to Spurling vs Bradshaw(1956), there is an exception that says past dealing are not considered as part of contract. It is called an exclusion clauses only if parties are involved have records of past dealings. An exception says that if the parties have had a history of previous dealings, then the person to be bound by the exemption clause may be sufficiently aware of it at the time of making the latest contract.
Application
It is considered when guests check in to the hotel for the first time, they must know the hotel is not responsible for valuables loss. In case if these are not given to the front desk for safe keeping their stuff, but guests maybe do not know about the exemption clause. In this example in case of losses their belongings, guests have the right to sue the hotel because they stay in a hotel for a first time, which is the most important and also, because of responsibility of the hotel conducted. In James case, the hotel is not responsible for his losses as he is a frequent visitor to Singapore and have always stayed at this particular hotel. Therefore the low of past dealing does not justify James and it is not possible to sue the hotel for him.
Conclusion
Based on the discussion I would say that James was
References: 1) Blyth v. Birmingham Waterworks Co. – Case Brief (n.a) (n.d) Retrieved from: http://www.lawnix.com/cases/blyth-birmingham.html 2) Providing resources for studying law (n.a) (n.d) Retrieved from: http://www.e-lawresources.co.uk/Duty-of-care.php 3) Definition Of Sale Of Goods Act Commercial Law Essay(n.a) (n.d) Retrieved from: http://www.lawteacher.net/commercial-law/essays/definition-of-sale-of-goods-act-commercial-law-essay.php