Question Tag: Business Contracts

Mr. and Mrs. Michel booked in for a week’s stay at a Hotel De-Horses. There was a notice in the bedroom which stated that “the proprietors will not be responsible for articles lost or stolen unless handed to the manageress for safe custody.” A stranger gained access to the room of the Michels and stole Mrs. Michel’s wedding ring and ornaments. The owners of the hotel have denied being liable. The Michels have decided to take action against the hotel.

Required:
i) Explain whether Management of the Hotel De-Horses can rely on the concept of exclusion clauses in business contracts to defend itself.
(4 marks)

ii) Assuming that the stranger gained access because the Michels did not lock their door, identify THREE (3) essential elements of negligence that must be proven by Management of Hotel De-Horses.
(6 marks)