Celebrating at Bliss Island - Case Study Example

Name Instructor Course Date Business law 1 Celebrations mean a lot to a couple. It is for this reason that everyone would want to travel to the best places, have the best experiences and lots of fun during such times. Julian and Anna collectively decide to celebrate their 20th wedding anniversary at Bliss Island. The decision is aided by a brochure that presents an excellent impression of Bliss Island in the form of a gorgeous tropical vegetation and a five-star resort. Furthermore, they are assured of the best reef diving that is not subject to seasonal changes, and the most delicious foods that are prepared by some of the best chefs in the entire Australia. It is, therefore, satisfactory because Julian loves diving, and Anna loves eating cakes, and the brochure has several delicious looking cakes. In this case, Julian and Anna plan to go to Bliss Island because of what they have found out about it. Their desire is even heightened when they speak to Sandra, who happens to own the place. Sandra assures them that everything there is cool and that she was sure they would enjoy every little thing – from the food to diving and their general stay there. Julian and Anna experienced a number of problems while at Bliss Island. First, there was no cakes, however much there was plenty of curries. Anna, the cake lover, has the right to complain because, in the making of the deal, they were told that there is plenty of food, and they would love every bit of it. Sandra, the hotel owner also failed to mention to the couple that the chef who had prepared all the cakes that were used in the advertisement in the brochure had left the island and the replacement was a Pakistani chef who only specializes in Indian food. Furthermore, just the next morning after their arrival, Julian’s wallet and Anna’s jewelry are stolen by Pete because of the housemaid who forgot to lock the door. They also came to know of the poor driving conditions. In consideration to all these, Julian and Anna were bound to complain. On a legal point of view, it would be worthwhile to examine these problems in details. First, the couple got their information from a brochure that seemingly, is outdated. The booklet presents a false image of Bliss Island. It may happen that the information in the booklet was once right at some point back but at the present it is not. And the management is still using the information to lure foreign tourists from their place. It coincidentally happens that the island ‘has’ the best of what the couple likes. Logically, they would not resist celebrating their anniversary there. Further, the telephone conversation between Sandra, the owner of Bliss Island, and the couple just seems to lure them still into the going there instead of telling them exactly what conditions are at hand. Sandra emphasizes on how good the food is and the marvelous services that her hotel offers. She knows very well of the cake chef who left the island but does not want to disclose it. She is aware that the brochure that the couple used to get information about Bliss Island was not accurate but again failed to disclose. She even emphasized how brilliant the diving was. It is unclear if she was in the know of the dangerous state of diving characterized by tropical storms and algae bloom that reduced the visibility; not forgetting the damaged accessible parts. Pete steals from the couple on their first night they spent because the housemaid forgot to lock the door to the couple's room. It looks like the staff is unprofessional to an extent of taking advantage of the vulnerability of their visitors and customers. Pete notices the open door and steals a wallet and jewelry. It presents an atrocious start for the couple because such acts would least be expected in a five-star hotel like the one they got attracted to in the brochure. The law was demoralizing and unprofessional. From the above-stated problems that the couple encountered at Bliss Island, a lot of legal advice can be drawn to help them out. These inadequacies and shortcomings were not anticipated by them, and as such they got messed up and demoralized by everything they encountered at Bliss Island. To begin with, they were either naïve and afraid to report anything that happened or even ask for clarifications as to why the services they were told about were not being offered. They opted to undergo that silently, making the management think that they were comfortable and enjoyed every moment of their stay. In case they would have reported, perhaps clarifications could have been made, and this would have been followed by relevant corrections. The management played a major role in what happened to the couple. The brochure that is circulated to the public is the exact opposite of what is existent on the ground. From the environment, the diving areas, the services of the food are not the exact representation of what is taking place at the hotel. It can be termed as deception. According to the online legal dictionary, a demonstration, inadvertence, or practice that is bound to cause a considerable section of potential clienteles to have a wrong belief about the advertiser’s or a particular product on sale or offer. The dishonesty is material; it is possible to affect the purchasing decision of a person. Customers are more likely to have selected otherwise if there had not been the trickery. Also, when somebody has been or is likely to be affected in one way or another as a result of the deception. The person harmed is usually a customer that has lost money to an advertiser or by a decreasing of the kindness associated with its merchandises. Loyalty and zealous exemplification of a business as it is paramount values within the company. These morals presume both a good relationship between the management and the client and total openness in the management's dealings with the customers. Impressing the prospective customers is a prerequisite to successful business practice. In most types of business, the owners face significant pressure to attract new customers. A solo owner needs as many new customers as possible to pay the bills and meet their payroll. However, this pressure is not a justification for deceiving the customers who fall into the trap. It is a criminal offence that can be penalized by law. After the examination of the explicit misstatements and careful omissions or the failure to disclose virtual information, the determining reason is identifying if dishonesty and trickery are Sandra's intent. If she intended to deceive the couple, she accomplished this by telling them lies and also by withholding information some vital information that the couple needed. Putting this into context, fraud by omission and or by commission are identical on moral grounds: the drive and the penalties are similar. Therefore, Sandra is liable to a lawsuit. The staff at Bliss Island are liable to negligence of duty. With specific reference to the housemaid, she is not supposed to be leaving the room open at any given chance since all the luggage present there is kept at the owner’s risk. It means that the safety and security if the luggage is in her hands irrespective of the time or circumstance. Here, she portrayed a conduct that fell below the canons of behavior recognized by law for the defense of other people and property against irrational risk of harm. An individual has acted neglectfully if he or she has got away from from the comportment expected of a sensibly judicious person acting under a similar circumstance. (herbertlegal.org.au) In conclusion, however much the couple did not complain about the conditions that they went through, they still have an opportunity of making a law suit against Bliss Island for the damages and inconveniences caused. Works cited Defining the Ethical Limits of Acceptable Deception In Mediation. (n.d.). Retrieved March 18, 2015, from http://www.mediate.com/articles/cooley1.cfm What Is Business Law? - Definition & Overview - Video & Lesson Transcript | Study.com. (n.d.). Retrieved March 18, 2015 from http://www.hg.org/ecommerce-law.html Case Index | NFIB. (n.d.). Retrieved March 18, 2015, from http://www.nfib.com/foundations/legal-center/case-index/ Deception in Business (n.d.). Retrieved March 18, 2015, from http://www.hg.org/corp.html Keenan, Denis J., and Sarah Riches. Business Law. 8th ed. Harlow: Pearson Longman, 2007. Print. Kelly, David, and Ann E. M. Holmes. Business Law. 5th ed. London: Cavendish, 2005. Print. Foster, Nicholas H.d. "Islamic Perspectives on the Law of Business Organisations II: The Sharia and Western-style Business Organisations." European Business Organization Law Review: 273-307. Print. The Cut Throat World of Business Law. Cerebellum Corp., 1997. Film. "Business Law Section | Business Law Section." Web. 21 Mar. 2015. Read More