Contract Case Study – Legal Concern. Question Two- Chapter 4 Contract (Offers, acceptance, consideration, intention to create legal relations and revocation) Cindy is a recent graduate of Murdoch University having majored in Hospitality and Tourism. She applies for a job as a Restaurant Manager at a salary of $55000 per annum at a well- known international hotel in Perth city after seeing the position advertised on SEEK. After two weeks, Cindy is contacted for an initial interview after which she is short-listed for the position along with five other applicants. Cindy is advised that if she is successful, she will receive an offer via Australia Post mail. She eagerly checks her letterbox every day and finally on the 31 March 2020, she is delighted to receive an offer of employment from the hotel. She studies the paperwork, signs on the dotted line for acceptance and posts the letter back to the hotel at 2pm on the 2nd April 2020.
Contract Case Study – Legal Concern. The hotel receives Cindy’s acceptance on the 4th April at 10am. Unfortunately, due to the inexperience of one of the hotel’s administrative staff, another offer of employment for the same position was posted by mistake to one of the other short-listed applicants, Henry. Henry received his offer by post at 10am on 2nd April 2020 and was so excited that he signed acceptance and hand delivered it back to the hotel the same day at 4pm! As soon as the hotel received Henry’s acceptance, it realised the mistake that had been made and sent a letter to Cindy advising her that the offer of employment to her was withdrawn. Cindy is of course extremely upset to receive the withdrawal letter in the mail and wonders if there is anything she can do legally about this.
Required
Start with readings from the prescribed textbook, as well as any supporting materials on LMS. Then undertake thorough research beyond the prescribed textbook2 and advise Cindy whether a valid contract (agreement, consideration and intention) has been entered into between herself and the hotel and whether the hotel’s withdrawal is effective.
Question Three- Chapter 4 Contract (exclusion clauses)
Stephen is on holidays in Sydney staying at a luxury resort on the beach. He walks to the beach and hires one of the hotel-owned beach lounge chairs to laze on while he drinks cocktails and works on his suntan. When he paid his money to hire the chair he was given a ticket which he briefly glanced at and put in his wallet. The chair subsequently collapsed and Stephen now has an injured back and must have physiotherapy and take pain medication. On the back of the ticket given to Stephen it states “The hotel will not be liable for any accident or damage arising from the hire of the chairs.” Stephen want to sue the hotel for his injuries but the hotel states that the hotel will rely on the clause on the back of the ticket and that Stephen has no case against the hotel.
Required
Contract Case Study – Legal Concern. Using the law set out in your textbook, undertake further research and advise Stephen of his rights in this matter. Use case law to support your answer. Use APA referencing style.