Aman hired a room in a hotel and paid a week's rent in advance. After registering, he went up to occupy the room. Aman found a notice on the wall that "The proprietor will not be responsible for articles lost or stolen,

CS Executive · Economic and Commercial Laws · PYQS · June 2017
Aman hired a room in a hotel and paid a week's rent in advance. After registering, he went up to occupy the room. Aman found a notice on the wall that "The proprietor will not be responsible for articles lost or stolen, unless handed over to the manager of the hotel for safe custody." Owing to the negligence of the hotel staff, a thief gained access to the room and stole some goods of Aman. State whether the proprietor of the hotel is liable for the loss caused to Aman? State also which type of contract it is?

Answer & Explanation:

In this case the proprietor of the hotel is liable for the loss caused to Aman. There are certain conditions attached to such contract. Among them one condition is that notice of the terms must be contemporaneous with the contract. It should be given before or at the time, the contract is entered into. A subsequent notification will not bind the other party, unless he has asserted thereto. It might indeed amount to a modification of the original contract. Hence, in this case the notice, being not contemporaneous, did not form part of the contract of hire. The problem asked in the question is based upon the Standard form Contract. A standard form contract prepared by one party to it, otherwise than by the process of negotiation, drafted by one party, it enables the other party to sign on dotted lines. The terms are prepared before hand by the former and the latter party is made to or deemed to agree to the terms, where under, the latter doesn't have much to say. The term are put in the standardised form such contracts have also been described as 'Contract of Adhesion', in the sense, the individual/consumer has no choice but to accept, he does not negotiate, but merely adheres.

Topics: Contract Law

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