Elena is a businesswoman who travels to Singapore . She always stays at The Success Hotel, here in Singapore. The hotel has many signs its rooms among which are a sign that reads: “The Management will not be responsible for valuables lost if these are not given to the front desk for safe-keeping.”
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On her last stay at the hotel, a thief broke into Elena’s room while she was out and stole her phone and laptop. Elena wants to sue the hotel for the loss. The hotel denies responsibility pointing out to the exclusion clause in the room.
While waiting to see the hotel manager on the third floor about her claim against the hotel, Elena went to use the toilet on that floor. After she was done, she attempted to open the cubicle door and found herself trapped inside; the door handle had come off making it impossible to open the door. In his frustration, Elena attempted to climb out of the cubicle by standing on the toilet seat and toiled roll holder. The holder gave way and she fell backwards hitting her head. She was given outpatient treatment at a local hospital. Again, Elena intends to sue the hotel for their negligence.
Several days later, Elena, in need of another laptop, went to a computer shop in Funan Centre Elena explained to the salesman her exact requirements for both her laptop and the software needed. The salesman, aware that Elena was not an especially technically proficient person, convinced Elena to buy an older version of a laptop as well as the software. Elena has now discovered that not only was she misled into buying older versions of the laptop and software, but that she was highly overcharged. Elena wants to file a complaint with the relevant authorities and have the contract with the computer shop cancelled. The shop has denied liability saying that the salesman acted on his own accord.
Elena also bought a cell phone. It was fine for the first week, but now, it is not functioning as it should. It can only make calls but unable to receive any. She brought the cell phone to the shop and asked for an exchange. The salesman refused and advised Elena to send the cell phone for servicing. Elena refuses.
Advise Elena on:
- 1) Whether Elena can hold the Success Hotel for the loss of her property under the common law.
- 2) If Elena can hold the Hotel responsible for the injury she sustained at the Hotel.
- 3) The nature of sales transactions governing the sales of goods and the relevant statute Elena can turn to for help in cancelling the contract for the laptop and the cell phone and recovering her money.