The Elegant Hotel awarded its valet and laundry concession to Manning for a thre

Question

The Elegant Hotel awarded its valet and laundry concession to Manning for a three-year term. The contract contained the following provision: “It is distinctly understood and agreed that the services to be rendered by Manning shall meet with the approval of the Elegant Hotel, which shall be the sole judge of the sufficiency and propriety of the services.” After seven months, the hotel gave a month’s notice to discontinue services based on the failure of the services to meet its approval. Manning brought an action against the hotel, alleging that its dissatisfaction was unreasonable.

1.         Highlight the pertinent facts;

2.         Identify the issue of law and/or fact posed by the case problem;

3.         What should be the decision in the case?

4.         The reasoning for such decision.

Explanation / Answer

1- The facts in this cases are that Manning has a contract with The Elegant Hotel for a period of 3 years. Manning is a service provider who should provide standrad quality service as fixed by The Elegant Hotel. It is the sole discretion of the Hotel to decide whether the service provided by Manning is according to the quality set by it or not. The Elegant Hotel cancelled the contract due to unability of Manning to provide desired quality service.

2- It can comes under Contract Law which vary according to the states in USA. Here the legal issue for the jury to see whether the service condition put by The Elegant Hotel is standard or it cannot be fulfiled by any agency.

3- The court can decide in favor of the accused in this case i.e. The Elegant Hotel because the lawsuit made by the plaintiff regarding unreasonable reason for discontinuation of service on quality issue can not be defended in the case.

4- The reason for such decision is that under the term of the contract it was written implicitly that The Elegant Hotel shall be the sole judge of the sufficiency and propriety of the services.It is the wish of the hotel to keep any service standard it wish to serve the customer in better way.

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