Hospitality Law final project Case study follow 7th Edition APA style. Times New Roman font, 12, Margins of 1 all around, minimum 5 reliable sources NOT PLAGIARIMS Mock Trial MOCK TRIAL FACTS – JET SKI ACCIDENT This jet ski case is not based upon an actual incident, but is a composite of several cases. Date of Accident: August 18, 2008 Place of Accident: Atlantic Ocean off Miami Beach, Florida Injured jet ski rider: Rick Rambo , then 15 years old Time of accident: Jet ski left beach at approximately 1:00 pm Description of Accident: The father of Rick Rambo rented a jet ski for Rick on the beach behind the Sandy Hotel on Miami Beach. Rick’s father paid for the jet ski rental and signed the rental agreement, including a release of liability. No instruction was given to Rick by the jet ski renter because Rick told them he was experienced in jet ski operation. There was no communication radio and no rescue flares aboard the jet ski. Rick took the jet ski through the surf until he was in ocean waves. After some wave jumping, the jet ski stopped and Rick could not get it started again. The jet ski floated north in the Gulf Stream current until Rick was rescued by a passing ship after 50 hours at sea. Rick had injuries from sunburn, jellyfish stings, dehydration and emotional distress. He had been frightened by sharks which he saw in the water around him (some of whom looked like his past law professor). He had hallucinations during his ordeal. He gave up his plans to be a professional boat captain. The Rambo family was staying at the Sandy Hotel as registered guests. The hotel featured photos of jet skiing on its website, on posters in the lobby and in the in-room activities book. Rick had convinced has family to find a hotel with jet skiing, so they booked through Hip Hop Travel Agency (HHTA), which recommended the Sandy Hotel for the Rambo family. The jet skis were rented by an independent concession called Jet Skis R Us (JSRU), which was located on the beach owned by the Sandy Hotel. JSRU paid the hotel a rental fee for the beach concession, which included a percentage of the revenues from jet ski rentals. When asked about jet skiing, the hotel employees would direct hotel guests to JSRU. There were three prior incidents of JSRU jet ski renters who had to be rescued when their jet skis failed at sea. Legal Issues: Rick Rambo (through his father) has brought a law suit against: 1. Jet Skis R Us for breach of contract in failing to provide a safe jet ski and negligence in maintenance of the jet ski, inadequate advice for safe operation and failing to rescue a lost renter; 2. Sandy Hotel for breach of contract which has an implied warranty of safekeeping for its guests and for negligence in supervision of operation of the jet ski concession; 3. Hip Hop Travel Agency for breach of contract and negligence in failing to adequately investigate the safety of the hotel and JSRU operations. The student lawyers for the Plaintiff Rambo shall each argue all of the above issues. TO BE ASSIGNED The student lawyers for the Defendants shall each defend as to all of the above issues. TO BE ASSIGNED Each lawyer will have a maximum 10 minutes for presentation, then cross-examination by the judge, jury and opposing lawyers after all arguments have been presented. The lawyers may presume facts pertinent for their arguments, such as the actions taken (or not) by the hotel to supervise JSRU, actions taken by Hip Hop to investigate the hotel and JSRU, and the contracts between the hotel and JSRU and between the hotel and Hip Hop. The facts presented by the Plaintiffs and Defendants may vary, since in real courtrooms there are often inconsistent facts presented by witnesses and evidence. You want to present facts, then argue the law as applied to those facts, to prove your case. Videos and visual objects may be used to help present arguments. Written case brief is required that would focus on either Plaintiff or Defendants side depending on which legal side you are assigned to represent. My topic will be about The role of genetics in human behavior. projects, the project should be between seven to 10 pages. Double spaced and that does not include your references and everything has to be an APA format and you guys know the APA now as version, seven out, 12-point time new roman font, doble space • You need to summarize what we know in the last four to five years what's been going on in this in this topic as far as the research is concerned. • A of minimum of 10 scholarly references you are getting a research journal. • read the article and summarized then and tell us what it basically what it says, you are going to use 10 different articles for this review and then incorporate that into your review. You need to have incite text • you also need to have a reference section at the end. No books, no magazines no web sites. All references have to be from 2016 or newer. APA formatted reference section
 

Hospitality Law Project

Case Brief

Rick Rambo’s father rented a jet ski in Sandy Hotel in Miami Beach. He paid all expenses required to rent the Jet Ski and gave it to Rick Rambo. Instruction was not given to Rick because he claimed he had enough experience for Jet Ski. The Jet lacked communication radio and rescue flares. When Rick was deep in the water, the Jet stopped and could not start. He stayed there for a long in that he was rescued after 50 hours by a passing ship. Rick sustained injuries from sunburn, dehydration, jellyfish stings, and emotional distress. His family was residing at the Sandy Hotel as registered guests. Jet Skis R Us rented the Jet Ski as an independent concession. Three similar cases had to be rescued when the Jet Ski failed at sea.

Student Lawyers for the Plaintiff Rambo

According to the case, Jet Ski R Us was in the wrong for breach of contract and not fulfilling demands of providing a safe Jet Ski with safety measures and maintenance. Besides, there was terrible advice concerning the safe operation and failing to rescue a lost renter (Burton, 1980). From the case, it was the responsibility of jet Skis E Us to ensure that all safety procedures were followed concerning renters' safety. It is against the law to fail to provide guidelines on operating the Jet Ski and having no emergency measures that could arise anytime. Legal action has to be taken against JSRU because there were three same prior cases. This implies that JSRU does neglect the safety of renters and they are just concerned with money. From the above explanations, JSRU is on the wrong side of the law.

Secondly, Sandy Hotel is held responsible for breach of contract and negligence in supervision of the operations of the Jet Ski concession (McCamus, 2002). In this case, a breach of contract is a legal cause of action and a type of civil wrong. A contract is an agreement between parties, and when they are not honored, a binding agreement will be destroyed, and thus, legal action has to be taken against Sandy Hotel. This is deliberate and reckless misconduct that is punishable by the law. The law stipulates that when an individual or a business breaches a contract, the other part will be entitled to remedy or relief. In this case, under the law, the main relief of agreement are damages, specific performance, and cancellation and restitution.

Hip Hop Travel Agency is accused of breach of contract and negligence for failing to investigate the hotel's safety and operations carried out by JSRU. In this case, Hip Hop Travel Agency is in the wrong for the negligence of duty and breach of contract, which is against the law. The defendant did not act reasonably, given their duty of care. A breach is regarded as a violation of duty or regulation, and thus, legal action should be taken against the hotel for failing to play its role as an overseer.

Lawyers for the Defendants

In this case, Jet Ski R Us is not to blame for problems encountered by Rick when he was given a Jet Ski. Rick claimed that he was experienced and thus, did not need safety flares in the first place. Jet Ski R Us is responsible for serving customers honestly and would not like to argue with Rick about safety flares. Secondly, accidents are inevitable, and they do not warn before they occur. Therefore it was not the wish of Jet Ski R Us for the occurrence of accidents. The Jet Ski failed not because of lack of maintenance but because of mechanical problems, which are sometimes inevitable. Therefore, Jet Skis R Us did not have a deliberate action to cause the breakdown of the Jet Ski.

Sandy Hotel is not involved in any allegations presented by Plaintiff's lawyers. Firstly, there was the release of liability (ROL) which implies that the organization will not be responsible for any damages caused by a renter of the Jet Ski (Campbell, 1990). In the court of law, a release of liability (ROL) asserts that the party taking part will not hold the organization responsible for some occurrences like death, personal injury, and loss of property. In this case, the ROL will protect the organization from associated physical injuries sustained by Rick. Rick Rambo signed the ROL form, which implies that he was ready to face any eventuality without blaming the organization for damages encountered.

Lastly, Hip Hop Travel Agency is not to blame for breach of contract and negligence when investigating the safety of the hotel and JSRU operations. In this case, Plaintiff must prove with adequate facts that damages encountered resulted from the breach. The damages caused were not a result of a violation but from ignorance and negligence shown by Rick Rambo (James, 1951). Failing to honor the rules and regulations of the organization is against the law. The hotel and JSRU are like independent parties governed by their own rules. When their practices are not followed, then they will not be accountable for further injuries. Rick Rambo signed the ROL form, which is consent for actions that might happen. A ROL form implies that Rick Rambo understood the terms and conditions of the organization, and therefore, the organization is not held responsible for damages experienced by the renter (Sawyer, 2001). In this case, Hip Hop Travel Agency is not to be blamed as damages encountered resulted from ignorance and assumption of stipulated rules.