Learning Outcomes Assessed
This coursework aims to assess the following learning outcomes or LO(s):
LO2: Independently frame an understanding of the elements of the English legal system and critically assess impacts upon hospitality and tourism operators.
LO5: Communicate an in-depth understanding of legal constraints in hospitality and tourism contexts and derive valid and reliable conclusions and management advice.
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Coursework Title: Case Study
Timmy is a full-time employee of Sun Cruises plc, a cruise company operating in London.
As the captain of the cruise ship “Sun Dream”, Timmy was responsible for
navigating the cruise ship for the entire duration of its voyage alongside his
colleague Susie, the deputy captain. On the first night of the voyage, Timmy
decided to have an alcoholic drink to celebrate his recent promotion from deputy captain to captain. He drank the beverage in violation of company policy and also failed to appreciate that his drink had an unusually high alcoholic percentage (i.e., above 50%).
While navigating the cruise ship, Timmy and Susie navigated the cruise ship along its usual route while trying to ensure that waters and surroundings of the cruise ship were safe. Due to the surroundings of the cruise ship being dark and stormy weathers, Timmy could not see any other ships and sped up the cruise ship in full reliance of Susie’s instructions. Susie was responsible for monitoring the cruise ship’s radar system but gave instructions without looking at the radar system (the radar system actually showed the presence of another boat close by).
The cruise ship struck a small fishing boat and its sole operator, James, a
fisherman who was wearing dark clothing and who appeared out from nowhere. Susie who was standing too close to the edge of the cruise ship became injured and James who has pre-existing poor health, suffered a concussion and drowned when his small fishing boat capsized. Passengers onboard the cruise ship were all asleep and did not suffer any harm and/or injury. They were also not aware of the incident.
As a result of poor publicity, Sun Cruises plc is now looking for a replacement
director to run its operations in the hope of turning around the business. Michael who is presently a manager of Sun Cruises plc is interested to be considered for a promotion to the role of director but is unsure if he is able to handle the responsibilities of a director, particularly in the context of a cruise company.
(a) Advise Timmy of his potential liability in negligence by reference to (i) Susie and (ii) James (70 marks).
Students are recommended to familiarise themselves with the IRAC method
(Issue, Rule, Analysis/Application, Conclusion) and use it in this question.
Please identify the issue, state the rule (or legal principle), apply the facts to the rule (or legal principle) and then give a conclusion.
(b) Please advise Michael on the duties of a director by reference to the
position of a director. Kindly include examples of duties Michael might
need to perform and/or discharge as a director of a cruise company like
Sun Cruises plc (30 marks)
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