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Analysis of Tourism and Hospitality Law - Case Study Example

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"Analysis of Tourism and Hospitality Law Case" paper deals with the formation of contracts and discusses the impact of voidable contracts caused by misrepresentation by one party, (the sellers, Molly and Kelly) to the detriment, and losses suffered by another (in this case the buyer, Richard Brat)…
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Analysis of Tourism and Hospitality Law Case
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Download file to see previous pages  The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm. Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In this case, in all fairness to the buyer, it is necessary that the goods be supplied need to be matched with the ones tasted and inspected by Richard during his visit to the farm. It is also seen that Richard has relied upon the special knowledge that Molly/Kelly possessed regarding their First Grade Apples. “A special relationship exists between parties such that the person providing the information or advice must exercise a duty of care.” (Negligent Misrepresentation: Guidelines for Negligent misrepresentation: Slide 33: Provided by customer)

However, the real issue that may arise is whether the contract has been formed, and if so, at which point of time. It could reasonably be inferred that the contract was formalized when the payment cheque was received by the seller, Molly, and Kelly on August 4. Subsequently, they have also communicated their acceptance and confirmed date of delivery of apples scheduled on August 7.

In this matter, Richard’s revocation of the order on August 5 does not seem to have validity, not only because it was not duly communicated and received by the seller, but because a valid contract has been constituted before that date, based on his mail on August 1. viz. the date the cheque was received and dispatch confirmation sent to the buyer. ...Download file to see next pagesRead More
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