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Law and Ethics in tourism

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Introduction

To discuss about if Mary is right or not in this case it is necessary to analyze the Package Travel Regulations. According to Holiday Law: The law relating to Travel and tourism book (Grant, D., Mason, S. 2007) a contract is an agreement that the law will enforce. Before the contract is made the two parties must provide each other with something of value. There must be actually an agreement, if the parties have not come to an agreement then there will be no contract. In a contract the consideration by the client would be the payment for the holiday and the consideration by the tour operator would be the provision of the holiday itself. The consideration needs not actually be exchanged for the contract to be binding it is sufficient that each party has promised to provide the consideration in exchange for the other promise. Before 1992 there was no such requirement for package holiday contract and it was possible to make contracts without putting them into writing. ...read more.

Middle

According to regulation 9 all the information must be in writing and comprehensible to the consumer. In our case there is no writing contract between Mary and John. According to the "Law of Contract" book (Chandler, A., Brown I 2007) an offer may generally be revoked at any time before it has been accepted, provided that the revocation is communicated to the offeree. This is so even though the offeror has indicated that he will keep his offer open for a specified time. Where, however, the offeror has contracted to keep his offer open, revocation of that offer will amount to a breach of the contract of option. An offer cannot be revoked after acceptance. An unaccepted offer will be revoked when the offeror (or his agent) communicates to the offeree, in any manner his unequivocal intention to revoke the offer either expressly or impliedly. However, an offer may also be revoked without such a direct communication by the offeror to the offeree: * Where an offer is made to all the world, it may be revoked by giving the same notoriety to the revocation as to the offer. ...read more.

Conclusion

In principle there is no legal commitment until a contract has been concluded by the acceptance of an offer and, up to that point, either party is free to change his mind and withdraw from the negotiations by (Offord v Davies, 1862) In our case according to the above there was an offer but no acceptance, so John could any time legally and ethically withdraw his offer because the requested act of the acceptance was never completed by Mary. As a conclusion made by the above references Mary is not right in this case, because she refused John's offer, saying that the package price was too high therefore they did not have any agreement. So John was free to sell the package to anyone else. Additionally Mary was wrong insisting on saying that they already had a contract, because a contract has to be written. John in this case is right because he acted according to the regulations and laws. The only mistake he made in my opinion is that he should have informed Mary that he is planning to sell the package to Tommy. ...read more.

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