Interview Questions and Answers - Essay Example

Case Number Interview questions When you booked your two-week holiday, did the travel agent show you a contract for your reservation? This question is asked because it is important to know if the client holidaymaker had any advance knowledge of the contract when he made the reservation. If he was not even aware of the contract then an argument can be made that he did not consent to be bound by such terms and conditions. 2. Were you aware that there was a clause in your reservation contract which stated that the operator will not be liable for events outside their control and that they have the right to vary facilities? It is important to ask this question as a follow-up to the first because (assuming the client was aware of the contract) this will establish whether or not he was aware of the clause in question. Even if he was aware of the contract it is still possible that he was not aware of the clause. 3. How long ago did you book your holiday? This question will establish which came first, his booking of the holiday or the transfer of the 18-30 Club’s event to the hotel which he booked. 4. Did the manager of the travel agency or the management of Elysium exert any effort to inform you of the presence of the 18-30 Club in the hotel prior to your arrival at the hotel? The fact that management made them aware of the presence of these people and they still went ahead with their holiday could lessen their chances at raising a claim against the hotel or the travel agency. 5. If you had a contract did it specify what kind of food you would receive? 6. Was the food not as advertised? 7. Why do you say that the food was “junk food”? This goes into their complaint about the poor food. It must be established whether or not the poor quality of the food was a function of an unsupported expectation or because it failed to meet conditions set forth in a contract. 8. Was Elite Travel and Elysium appraised that the ‘Quiet Atmosphere’ was one of the principal conditions why the client chose the place? ‘Quiet atmosphere’ was an essential requisite of the client before he agreed to book with Elite. If it can be shown that Elysium acted in wanton disregard of this fact, a case can be made that they acted in bad faith because they knowingly booked Mr. Williams in the hotel knowing that he would be in the company of the 18-30 club people when he wanted peace and quiet. 9. Was Mr. Williams aware if the Hotel had any vacancies? This goes into their claim that it was impossible for the hotel to accommodate his desire to be away from the noisy young people. If it can be shown that there were vacancies in the hotel and Mr. Williams knew about this, then there is a further showing of bad faith. 10. Did you or your wife suffer any lingering mental anguish as a result of the unfortunate experience? If Mr. Williams or his wife suffered long term distress as a result of the Hotel’s actions then a greater claim for damages would be appropriate. Case Number 2 Legal Research Report To my principal. My client Mr. Williams has a complaint that amounts to a breach of contract on the part of Elysium and Elite Travel. At issue here is that Mr. Williams reserved a two week vacation at Elysium based on the offer made by Elite Travel which promised certain conditions which were not met. Among the conditions breached was the offer of international cuisine and an Olympic size swimming pool. The cuisine was described by Mr. Williams as “junk food” and the Olympic-size swimming pool was always closed because the 18-30 Club patrons kept rendering it unusable. What is most important to Mr. Williams was the peace and quiet. This was obviously impossible in light of the party atmosphere in the area. The attitude of management at Elysium further aggravated Mr. Williams because the resort was unwilling to accommodate his reasonable request to be transferred to a different part of the hotel. The arbitrary transfer of the 18-30s was the source of Mr. William’s complaint and the indifferent attitude of the manager was what drove him to file the present complaint. It is our opinion that a claim for breach of contract or at least one for tort can be filed against the travel agency and the hotel management. To Mr. Williams (Holidaymaker), It has come to our attention that you have suffered quite an indignity at the hands of Elysium and Elite Travel. After careful consideration, we have found that you may indeed file a suit against the two companies for their shabby treatment of your person and your wife. Your claim finds merit under the doctrine of breach of contract. You had contracted with Elysium to have a holiday at their hotel. That contract was breached when they offered you ‘junk food’ and when the Olympic-sized swimming pool was constantly unusable. Moreover, they failed to provide you with the most important reason why you chose to stay at their hotel. Specifically, a peaceful atmosphere where you and you wife can enjoy a proper holiday. The indifferent attitude of their staff with respect to your request to transfer made the situation even worse. Your claim is based on breach of contract with respect to the poor food and pool non-availability. A claim for tort or quasi-delict can also be made with respect to the indifferent attitude of the staff and their failure to provide you with the quiet environment that you so desired. Their claim that they were powerless to do anything about the 18-30 Club guests, their unwillingness to do anything to remedy your plight and patent breaches of your rights will all serve to increase the damages that is proper to you should we pursue this case. If you have any other questions or inquiries feel free to come to the office or contact us at your earliest convenience. SGD Barrister For Part 4 Claimant: Mr. and Mrs. Williams (Holiday Maker) Brief Details of Claim: Elysium Hotel, through its agent Elite Travel Agency, misrepresented their services as a five-star hotel with international cuisine and an Olympic sized swimming pool. To the Plaintiffs dismay, the food was not up to the standard offered and the pool was frequently out of service. Plaintiff is suing to recover damages arising from this breach of contract The plaintiff also claims a second cause of action for tort on the ground of the indifferent attitude of the hotel staff and their unwillingness to remedy the complaints of the plaintiff. They were forced to stay among the noisy 18-30 Club guests when he specifically wanted peace and quiet. Value: The plaintiff prays for recovery of the monies paid to Elysium Hotel plus damages for the mental anguish he suffered and any other remedy as may be granted by law and equity Defendant Name and Address: Elite Travel Agency in Ealing Elysium in Cos. Read More