Question
Pongo is a journalist who travels a great deal for work. Pongo will be flying to a remote part of Western Australia for an environmental
Pongo is a journalist who travels a great deal for work. Pongo will be flying to a remote part of Western Australia for an environmental story he has a lead on. He will be traveling by regional jet to regional WA and then go by 4WD driving tour for three days. During this time the tour is to take him to 4 spots of environmental significance where he will meet with locals and interview them.
Pongo will be flying RegionalWA airlines. When he arrived at his destination he is given his luggage when disembarking and is required to walk it across the tarmac. His suitcase has been very badly knocked about and scratched. He is very worried the condition of his equipment which is contained inside.
The four wheel drive tour was supposed to stop in 4 destinations. However due to extreme weather events 3 of those destinations have come difficult to reach. These tour company did not provide this information to Pongo and Pongo only discovers the changes when they tour does not take the exit to one of the destinations. Instead the tour will reroute through three other towns. Pongo is extremely frustrated as he will not be able to do his report without going to these destinations. Pongo protests the change. The tour guide says the these road are not safe and changes have to be made to keep everyone's safety.
That night they stop in the Roadside Inn. Pongo booked this 4WD tour specifically because the motels are all 4 star and are advertised to be clean, safe and have onsite restaurants where he can eat. When they arrive at the Roadside Inn, Pongo very quickly discovers that this was inaccurate. The rooms are small, dirty, full of cockroaches and the hotel is definitely not four star. The advertised onsite restaurant consists of a fridge with pies and pasties of indeterminate age that can be heated in the provide microwave. When Pongo goes to complain to the manager, the manager shrugs and walk off.
The next morning after a quick morning walk Pongo returns to his room to find that all of his camera equipment has been stolen. Given that he cannot complete his story with out it this is very upsetting. He approaches h the hotel staff who are indifferent making it clear that this is an everyday occurrence. They point to a sign on the check in counter which states that the hotel is not liable for any personal belongings left in the room.
A) Pongo would like to know whether the hotel is liable for the stolen goods. (5 marks)
Pongo is unable to complete his article for the paper due to his stolen equipment and because he was not able to visit all of the locations. His boss has consequently fired him. When he goes to the hotel to check out in the morning and tries to pay with his corporate credit card the card does not work. After calling the credit card company Pongo discovers that the his employer cancelled the card. The hotel will not let him leave on the promise of payment and will not give him his luggage until payment is received.
B) Advise Pongo as to whether the hotel can do that. (5 marks)
C) After driving 200km to the nearest bank Pongo eventually checks out, but return that same night as there is a storm and he is unable to travel. The clerk at the desk however will not give him a room. Pongo knows that the hotel has vacancy. Can the clerk do that? (5 marks)
D) Pongo continues with his travel to a small community in the desert where he will be meeting with community leaders to talk about the environmental situation. When Pongo arrives in town he is invited to the town community fundraising lunch. He notices the the food being served is set out in the hot sun. There is no cover, no running water, no supervisor and it is a very slap and dash affair. Three days later several members of the community have comes down with food poisoning. Pongo has come to you for advice and would like to know what obligation the organizers of the event had in this regard. (5 marks)
E) Pongo is very upset at losing his story and his job, so he decides to go and down his sorrows at the local tavern. After a few too many beers Pongo becomes increasingly disorderly and intoxicated and the bartender refuses to serve him any more alcohol. A annoyed Pongo asks to see the manager and the bartender tells him there isn't one on hand. Pongo squints and with a bit of sway says "You can't do this, I'm going to sue you as soon as I'm sober."
F) Stowe the owner of the tavern has comes to you for advice and wants to know if Pongo has any cause of action. (5 marks)
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