Business law Windell hotel and Jones;

BUSINESS LAW Students Name Students Number Instructors Name CASE ONE Question One The answer is option (c). Due to the diversity of citizenship of the litigants, the case will be heard in a federal court. This will ensure there is fairness to the out-of-state litigant (Arwar, 2005). Furthermore the case also meets the diversity jurisdiction because the litigant is seeking more than 75,000 dollars in claim for damages. Question Two The answer is option (d) The court can bring the defendants to Colorado because the corporations are in business and thus maintain a contact with the state. They offer their services to all regardless of the state one comes from. Question Three The answer is option (b) The contract was between the agency and the Windell hotel and Jones got served at the agency. It was not his responsibility to know the age of Jennifer. The hotel should later consider taking legal action against the agency for allowing minors to offer services which could be in breach of their contract. Question Four The answer is option (b) When Jones booked for the service, the company was still owned by Jennifer Hooley and her daughter was yet to attain the age of 18 which is the legal age for contractual capacity. Children are only allowed to enter into contracts of necessaries like food and clothing but not commercial or trading contracts. Question Five The answer is option (a) The advertisement created an express warranty that the services would be available. Under the Uniform Commercial Code any express warranty must be expressly disclaimed and this was not the case. The general disclaimer in the advertisement is insufficient. SHORT ANSWER The court will most rely on the Uniform Commercial Code when deciding on the amount refundable to Jones as trip costs (Sushi, 2003). This legislation will analyze in full the case due to the various issues involved. Jones has incurred various costs in terms of time and money and using the buyer`s rights on improper delivery of the sought services, this law will restore Jones to his initial position. This is because if the court relies on common law, Jones may be denied some privileges especially the lost time. Common law will rely on previously determined cases which may be insufficient considering the various multiple issues that occurred during the trip. ESSAY Windell hotel and Windell agency were very negligent in the provision of their services. They advertised for services which they knew were inadequate and not as per indications in their website. Furthermore, due to the negligence of their workers when cleaning, they made Jones to slip and fall causing him injury. The Premises Liability Law allows Jones seek damages since he was an invitee to the premises. He had an express invitation to the hotel through the agency and therefore the hotel owed him a duty of care. The signpost showing the floor was slippery was hidden by a chair and was therefore not conspicuously placed for all to see. Jennifer Travels will be liable for damages since they should have known that the services being offered by the hotel were different from what was on the advertisement. At the time they were signing the contract with the hotel they ought to have clearly known what was being offered to avoid misguiding and misinforming their clients. CASE TWO Question One The answer is option (a) Jack did not participate in deciding to flout the new council by-law. The other two partners should be equally liable for their errors and omissions which were intentional. Question Two The answer is option (a) The Uniform Partnership Act recognizes the association of two or more people who co-own an enterprise for the purpose of making profit as being in partnership (John, 2010). This is mainly from the inferences made from their acts and conduct in the course of carrying out their activities. Question Three The answer is option (b) The engagement between these partners is a general partnership and not limited liability partnership. They will be personally responsible in paying what the business cannot raise. Question Four The answer is option (b) The offence occurred in the performance of normal duties by the employee and the employer is ...