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Topic:
To research a hospitality law case in the following relevant sectors (sports, theme parks, restaurant, resorts, spas, or travel industry) and prepare a Case Analysis. Your selection must test the knowledge you have developed in class through our weekly lectures and research.
Objective:
Through this assignment, you will learn how to brief a court ruling. In writing a case analysis/brief, your task is to essentially summarize a court ruling (sometimes called a court “opinion”, or “judgment”). In many ways a case brief can be compared to a book report, as it is meant to summarize the key aspects of a larger body of information. The general aspects of a case addressed by a student brief include (but are not limited to) the following:
Introduction – identify the key problems and issues in the case study. Is it a contracts case? Is it a negligence case? Formulate and include a statement, summarising the outcome of your analysis in 1-2 sentences.
Facts of the case (what transpired between the parties involved before the case was brought to court)
Issues (the questions that are addressed by court in this specific case). You should outline the legal issues to be resolved by this particular court. Issues may include matters of fact, or matters of law. In some cases, the appropriate applications of specific legal tests are being debated. In other cases, certain elements of the law need to be defined. Issues should generally be stated in the form of concise questions.
The courts decision
The reasoning supporting the decision (the judge’s reason for deciding the way he/she did)
Conclusion (the student’s original commentary regarding the significance of the case, its relationship to other cases, its place in history, and what it shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. It is here that the implicit assumptions and values of the Judges or Justices should be probed, the rightness of the decision debated, and the logic of the reasoning considered. This is the students commentary on the case. It is NOT simply a summary of what has already been stated elsewhere in the brief.)
Reflection – explain and summarize why you chose this particular case. What was intriguing about it? How will this particular case impact your role as a recreational provider or a manager of a restaurant, hotel or travel operator?
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