Macgregor Case
This essay aims to portray each individual party’s viewpoint on the incident that occurred regarding The Macgregor Hotel and the claimants Peter and Beatrice, in addition the Crown Prosecution Court will also be scrutinising the events which took place that evening.
The crown prosecution court will be the first party to put their argument forward. In order to achieve this, the consecutive order of events need to be stated:
• Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.
• Peter asked the receptionist to look after his camera but she refused saying that there was no room in the hotel safe. He stayed at the hotel any way and on the second night his camera went missing.
• On the second night Peter invited his friend Beatrice to dinner in the hotel’s restaurant. At the dinner Peter ordered Helford oysters for both of them, without consulting Beatrice.
• During their meal it has been found that the origin of oysters was wrong, in fact the oysters served came from Whitstable and several of them were bad.
• Beatrice got up and head to the toilets because I felt sick, when making my way there I started to feel dizzy and tripped over a ripped carpet on the stairs, falling hard and breaking her arm.
The Trade Description Act 1968 provides statutory authority for a possible claim in breach as Section 1.article (1) states: Any person who, in the course of a trade or business-
(a) applies a false trade description to any goods; or (b) supplies or o description is applied, offer to supply any goods to which a false trade description is applied, shall, subject to the provisions of this Act, be guilty of an offence.
Section 2 (1) states, that a trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say-
The crown prosecution court will be the first party to put their argument forward. In order to achieve this, the consecutive order of events need to be stated:
• Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.
• Peter asked the receptionist to look after his camera but she refused saying that there was no room in the hotel safe. He stayed at the hotel any way and on the second night his camera went missing.
• On the second night Peter invited his friend Beatrice to dinner in the hotel’s restaurant. At the dinner Peter ordered Helford oysters for both of them, without consulting Beatrice.
• During their meal it has been found that the origin of oysters was wrong, in fact the oysters served came from Whitstable and several of them were bad.
• Beatrice got up and head to the toilets because I felt sick, when making my way there I started to feel dizzy and tripped over a ripped carpet on the stairs, falling hard and breaking her arm.
The Trade Description Act 1968 provides statutory authority for a possible claim in breach as Section 1.article (1) states: Any person who, in the course of a trade or business-
(a) applies a false trade description to any goods; or (b) supplies or o description is applied, offer to supply any goods to which a false trade description is applied, shall, subject to the provisions of this Act, be guilty of an offence.
Section 2 (1) states, that a trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say-