Q1. Discuss the following statement: ‘The common law rules on construction and incorporation of contract terms fail to recognise principles of good faith.’ (1000 words)
Q2. Problem question (1000 words): One morning Fred, who worked for a large company as a travelling jewellery salesman, went into the reception at a Hotel and booked a room for the night.
The hotel was part of a national chain. Fred was given his room key. He had stayed at the hotel on previous occasions and usually signed a form which stated:
‘The hotel cannot accept liability for the loss of or damage to guests’ property or for any injuries sustained on the premises’.
Fred did not sign anything on this occasion. However, there was a notice at the reception desk which stated:
‘Do not leave valuable personal items in your room or in your car as the hotel cannot be held liable for any loss in any circumstances’.
Fred did not see this notice because another guest was standing in front of it. Fred took his luggage to his room and then left the hotel to visit several jewellers.
Upon returning to the Hotel that evening Fred discovered that someone had broken into his room and stolen a tray of jewellery.
The following morning Fred went to his car, which was parked in the hotel car park and discovered that someone had stolen his laptop computer from the car boot.
Fred was so annoyed he ran across the hotel lawn towards the reception to complain but tripped over a rake which had been left on the lawn by the hotel gardener. Fred fell and broke his ankle.
Advise Fred of his legal position in respect of:
(i) the tray of jewellery;
(ii) the laptop computer; and
(iii) his broken ankle.