University of Maryland: HMGT 401 Hospitality Law Contract Analysis

This assignment analyzes several situations within the context of hospitality law, addressing key concepts such as contract basics, the Uniform Commercial Code (UCC), and exculpatory clauses. It examines contractual agreements between parties, determining the validity of positions, and suggesting resolutions to disputes. The analysis includes the application of the UCC to scenarios involving sales and consumer protection, as well as the implications of exculpatory clauses in cases of negligence. Furthermore, the assignment explores a hospitality contract example, detailing the roles of legal entities within the industry and the requirements of their contracts. The student provides detailed explanations and recommendations based on legal and business principles, offering insights into preventing future issues and ensuring compliance.

Running Head: HOSPITALITY LAW 1
Hospitality law
Student’s name
Institution affiliation

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A. Analyze the Situation 4.1
i. What two legal entities are contracted in this case?
The two entities in this case are the Vincent’s Tree Service and the Olde Tyme Prime Rib
Restaurant.
ii. Which of the party’s position seems most valid (from a legal view)? Justify your answer.
The Vincent’s tree service seems to have a good position in the argument. In the real
sense, the charges for the services offered should have included that of moving the branches,
which in this case was not discussed. Moving the branches accounts for another form of service
that should be paid for.
iii. How would you suggest the issue be resolved between the two parties? Explain the legal
and business reasons for this recommendation.
The solution towards the problem is both parties agreeing on the payment to be included
for moving the branches to the required place. The business reason is to maintain good ties with
contractors while reducing on conflicts.
iv. What steps should Mr. Wilbert take in the future before signing a contract to ensure
this type of situation does not happen again?
Mr. Wilbert should negotiate on price for services offered while considering various
forms of services that should be included in the total payment.
B. Analyze the Situation 4.3

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i. Does the school superintendent have the legal right to withdraw the offer of employment?
Justify your answer with the specific legal reasons.
From my perception, the school did not have the right to decline the employment offer
because of reasons related to the preference of the employee. Often, employees have the right to
speak about their views and preferences without being criticized.
C. Analyze the Situation 4.4
i. What is the Uniform Commercial Code? (Explain in your owns words as much as
possible – as if speaking to another employee.)
Uniform commercial code are laws formulates to help in the regulation of personal
property sales as well as business transactions. It includes transactions like the setting up of
contacts and goods selling in various locations.
ii. How does the UCC apply to this case? Who in this case is the “seller” and who is the
“purchaser”?
In the case of situation 4.1, the UCC laws applies to Smoking Bone BBQ restaurant who
are considered as sellers while the quests are considered the purchasers of the goods. It protects
the requirements of the consumers making sure that the goods consumed have less health risks
on them. It also applies in the setting up of the contract between the vegetable vendor and the
restaurant’s manager.

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iii. From the restaurant customer’s perspective: What damages were incurred? Who
should be held responsible for the damages incurred?
The damages incurred included losing some of the customers because of lack of trust and
costs incurred for non compliance with UCC laws.
iv. Using STEM explain what steps the restaurant manager can take to help prevent this
type of situation in the future.
The restaurant manager should first test the vegetables of their bacterial contents before taking
them in for use in salad making.
D. Analyze the Situation 5.1
i. What is the purpose of an exculpatory clause? Do you think in this case the clause
prevents the hotel from being found negligent? Justify your answer.
An exculpatory clause serves to relieve a party of a liability whenever a damage occurs
during contract execution. The case prevents the hotel from being found negligent because the
clause had earlier been posted for every individual to see. On the other hand, the hotel expects
individuals to be careful while handling the heavyweights thus shows that the accident was Ms.
Statte’s fault.
ii. What steps should the hotel take to prevent this type of situation in the future?
The hotel should engage a trainer who will be in to help individuals who want to work
out to avoid accidents that could be dangerous to its guests.

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E. Explaining significant hospitality contract example – on the lecture slides: Spartanburg
Marriott example
i. Explain (in your own words, as if talking to a new employee) the role (s) each of these
legal entities has at the hotel
a. Southern Hospitality Group
They are the original founders of the business and serve to manage all the activities
undertaken by the franchisor and franchisees.
b. Marriott International, Inc.
It serves to offer licences to the third party company and own the overall trademarks and
the rights oif the company, which are used by the franchisee to run the business.
c. Winegardner & Hammons, Inc.
The company serves as an agent for extending the services offered by Marriot
International.Inc.
ii. For each of the three legal entities - describe:
a. In what type of contract are they engaged? Describe the overall purpose of the contract.
(Franchise, Management)

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The franchising contract helps to bind the three organizations with the aim of building a
brand that is able to gain competitive advantage in the global market.
b. What are five key requirements of them for their role (s) in the typical contract?
Possession of finance statements
Legal permits for carrying out the operations.
Necessary business insurance and licences
The presence of support structure
The presence of starting capital and inventory.