Law Questions essay
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1. Yes there is a valid contract. This is because there is an accepted practice between the two parties.
2. A contract has four essential elements. They include: offer, acceptance, intention of legal nature, and consideration. An offer is established when one party offers another an engagement or a deal. Acceptance is established when the party offered a deal accepts it. Legality is established when the dealing is of a legal nature. Finally, consideration established when a price attached to a deal.
3. The argument that Hilton Hotel should refund the deposit cannot be sustained. It engages in the business of the hotel industry. The business is run by making reservations. By A-plus cancelling the booking four days to the due date, it is possible that Hilton had turned away some customers by alluding to the fact that all of their rooms were booked. Therefore, by refunding the deposit, Hilton would suffer financial loss.
4. A verbal contract can be sufficient in this case. This is because, A-plus, is an established international meetings company, hence, they can be trusted with their word on making a booking, thereby leading to the formation of a contract though verbally made.
5. As a manager, there should be a policy that guides on the period upon which no cancellation can be made. This can be for example 1 day to the due date. This would make it clear to every client to understand the operations of the Hotel concerning bookings. It should however be encouraged that the reservations be made in writing for written evidence of a contract made.
1. In this case, the hotel is within their rights to sell the rooms to a third party. This is because no contract was made between them and the person who requested for the rooms.
2. No, it would not make a difference since the offer has not been accepted.
3. On this last case, suppose the contract was in writing and simply said @ $9.95 per pounds, the distributor would win the case. It would be presumed that if the first two supplies were of the same order, then the third one would also be the same. If the order said sc crab legs, and the industry understands that to mean snow scrabs, then the hotel would stand to lose.
4. If the distributor knew that the hotel wanted king crab, but hoped that the chef would not understand that sc stood for snow crab, and could thereby substitute with the less expensive goods, then the distributor would be liable for breach of contract.