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Business law assignment

• Assignment must be accompanied by the assignment cover sheet as attached below. The assignment should be typewritten in double spacing in Times New Roman with font size of 12. Leave at least 2.5cm margin on both sides of the page.

• A word limit of not more than 2,000 words should be observed. All pages should be sequentially numbered in the centre and at the bottom of each page.

• A bibliography with list all references used in the written work and in research conducted on the topic is required. The list should include details of all texts, articles in journals from which information was obtained. Footnotes or end-notes, if any, must be used to acknowledge the sources of information contained in the assignment. Chicago referencing style must be used.

Assignment

Kevin has recently bought a villa in the New Territories. After substantial renovation he hires Brainchild Ltd ("Brainchild") to completely redecorate the interior of the villa. The cost of this work is agreed at $800,000. Under the agreement Kevin is required to pay 25% of the price immediately as deposit and the rest on completion of the work.

Before the redecoration starts, Kevin plans to move into the Belle Hotel for a month. During holidays he regularly stays in the Executive Floor, which is a large suite with a balcony overlooking the sandy beach. On his arrival at the hotel Kevin was informed that this room was not available and that he had been placed in a much inferior room at the back of the hotel. When Kevin protested, the manager informed him that the hotel was full and there were no other rooms available. The manager also pointed out that the standard booking terms and conditions stated that, "at busy times of the year the hotel reserves the right to vary the room in which a guest has booked to stay".

Feeling very dissatified, Kevin nevertheless accepted the room offered. After entering the room Kevin's attention was drawn to a notice on the back of his bedroom door. The notice read, "Neither the Belle Hotel nor any of its employees shall be liable for any personal injury, loss or other damage to guests nor their personal property howsoever caused".

When Kevin had arrived at the hotel he allowed his car to be parked by the doorman. While manoeuvring the car, the doorman negligently crashed into a concrete post, causing severe damage to the offside rear of the car. Kevin, on being informed of this, ran to inspect the damage but tripped on a loose piece of carpet on the stairs. The fall on the floor fractured his arm and collar bone. His cell phone in his hand dropped onto the floor and the touch screen panel did not function any more.

Advise the parties of their respective legal positions in each of the following separate circumstances:

(a) Brainchild has completed all but one of the rooms when the house is substantially destroyed by a flood . (20 marks)

(b) Kevin learns that he is being seconded abroad for 2 years by his employer. He now informs Brainchild that he no longer wants his villa painted. He demands the return of the deposit he has paid to Brainchild. (20 marks)

(c) Belle Hotel has relied on the notice at the back of the hotel bedroom door against the damage claim for the cell phone by Kevin. (40 marks)

(d) Kevin wants to sue the Belle Hotel for the medical bills he pays for his fractured arm and collar bone. (20 marks)

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