The first subject for review will be the formation and language of contracts. Using the library or the Internet [i.e. Casetext.com], research the following case: Southern Hospitality v. Zurich American, 393 F.3d 1137 (10th Cir. 2004). For your analysis, provide a description, explanation, evaluation, and critique of the legal issues represented, the arguments presented, and the court decision made. Finally, provide an assessment of how the legal question or court decision may be representative of the impact on the lodging industry following restrictions and limitations imposed by governing agencies in response to COVID-19.
As a part of your analysis, determine if the arguments made in the case could be applied to other agreements for a provision of services within the hospitality industry related to any of the following; catering and service, event or travel planning, management agreements, or employment contracts as possibilities.
Research current articles using the library or use other Internet or databases to choose a specific case for analysis.
Objectives
• Discuss the influence of changing cultural and social environments on legislation and regulations.
• Outline the responsibilities of the hospitality organization as determined by statutes and regulations such as the Uniform Commercial Code (UCC), contract law, and other legislation.
Case Analysis Details
The first assignment and the next couple of assignments will be a case description and analysis. The expectation is that you identify the primary elements of the case [facts, allegations, arguments, decisions, etc.], describe the outcome following the case or a forecasted outcome of a current case, and evaluate and critique the arguments, decisions, and outcomes.
• Identify facts, allegations, arguments, court decision
• Describe the relevance or significance of decisions based on actual or possible outcomes in relation to the hospitality industry
• Evaluate and critique arguments, decisions, and outcomes
You are being tasked with providing evaluation, analysis, or critique. This task may be different than how you may have experienced case analyses before. The assignments in this class are not only providing an outline, timeline, or case brief. When they are relevant to the arguments or outcome, motions and proceedings can be identified, but the focus is on identifying the legal issue presented (which is not a procedural question) and discussing the arguments and decisions made in relation to that issue. The writing does not need to convey agreement with any decision and should be an objective, unbiased assessment of the legal issue, relevant law or precedent, and the outcome. The aim is to demonstrate your understanding of the law, how it is interpreted/implemented, and how it affects the hospitality industry.
Also, remember that the focus is on the law in the United States. You can compare and contrast with the law and court cases of other countries, but there has to be a foundation of American law in the writing.
Standards
The analysis will be presented in essay form using APA writing standards. The following segments can be used to organize your writing; introduction to the case, the issue, the facts, the court’s decision and the reasoning for the decision (1 section), your analysis, and conclusion, BUT these are just a suggestion to help organize writing.
• Written communication: Written communication is free of errors that detract from the overall message.
• APA formatting: Resources and citations are formatted according to APA style and formatting.
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