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合同法案例分析 Contract Law Case Study of Hotel

时间:2018-03-27 09:14来源:www.ukthesis.org 作者:英国论文网 点击联系客服: 客服:Damien
涉及旅馆和客户的合同法。
 
在这种情况下,第一个有意义的点是双方各自首先处理彼此的性质。从酒店的角度来看,他们与A的第一次接触是通过他们网站上的广告。这广告说,棕榈酒店的住宿价格为300英镑。从他的角度来看,他与酒店的第一次接触是通过初步的电子邮件调查。虽然我们没有确切地知道A的最初调查是什么,但很可能只是询问了报价的细节。
为了确定最终合同的性质,在酒店和A之间,首先要找到“要约”和“接受”;任何合同的组成部分。要约被认为是一种客观地(即对一个合理的观察者)的陈述,表明作出要约的人准备按照该要约中规定的条款(吉普森诉曼彻斯特市议会)进行合同。乍一看,酒店的网站和广告以一定的价格提供住宿是一种优惠。这,然而,并非如此,因为它已被法院认为广告通常是“要约邀请”而不是提供,因为广告通常缺乏合同的其他重要成分;一个受法律约束的意向。这一原则已到位,以保护广告客户不承担合同责任。“请客”是邀请对方就潜在合同条款进行谈判。A对这一邀请作出了回应,他进行了初步的电子邮件调查,这也可以被归类为邀请,或者仅仅是一个询问。任何一方尚未提出报价。
 
Contract law involving a hotel and client A.
In this scenario, the first significant point is the nature of the parties’ respective first dealings with one another. From the hotel’s point of view, their first contact with A was through their advertisement on their website. This advertised the price of accommodation at the Scarborough Palms Hotel as being £300. From A’s point of view, his first contact with the hotel is through an initial emailed enquiry. Although we are not told exactly what A’s initial enquiry was concerned with, it is probable that it was simply asking for details of the offer.
 
In order to establish what the nature of the ultimate contract is, between the hotel and A, it is first necessary to find the ‘offer’ and ‘acceptance’; the constituent parts of any contract. An offer has been held to be a statement which objectively (I.e. to a reasonable observer) indicates that the person making the ‘offer’ is prepared to contract on the terms specified in that offer (Gibson v Manchester City Council). It would at first sight, appear that the hotel’s website and advert for the accommodation at the specified price was an offer. This, however, is not the case, as it has been held by the courts that advertisements are usually ‘invitations to treat’ rather than offers, as the advert usually lacks the other essential ingredient of a contract; an intention to be legally bound (Partridge v Crittenden). This principle is in place in order to protect the advertiser from incurring liability in contract to everyone who is willing to purchase the goods (in this case, the holiday), at the advertised price. An ‘invitation to treat’ is an invitation to the other party to negotiate the terms of a potential contract. A responds to this invitation by making his initial email enquiry, which can similarly be classed as an invitation to treat, or perhaps simply an enquiry. No offer has yet been made by either party (Fisher v Bell).(责任编辑:cinq)


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