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Hotel Law
Hotel Law
law.
SOUTH ASIAN SCHOOL
OF
TOURISM AND HOTELMANAGEMENT
According to R. A. Myren.
Law is tool used by individuals, groups, institutions and societies to achieve a variety of
ends one which is justice.
According to Plato.
Law is the finding of reality.
According to Salmond.
law is the body of principles recognized and applied by the state in the administration of
justice. Salmond defined law as, “ the law may be defined as body of principles recognised
and applied by the state in the administration of justice.” Though Salmond did not define
justice yet his definition can be considered as the most workable definition.
Law plays different roles in the lives of everyone. A single word cannot define law. There
cannot be a word which can equate law. One can draw analogy to understand law. Law is
like a temple which is designed so that men and women can live in his or her palace of
peace. Law is love, which is inarticulate in nature. Both have the power to regulate human
emotions. Law is as complex as love. An analogy can be drawn between law and sea. Both
law and sea are vast and as a drop adds to the quantity of water in the ocean, in the same
way every judgement adds itself to many precedents. Also, there is no life without water,
there is no life without law. Law is not a mistress; law is a spouse. It stays with you,
wherever you go. Law is an invisible force that controls every human being. Law connects
us like Life and Water (LAW).
Characteristics of Law.
a. Law is the set of rules.
b. It is made and enforced by state or sovereign authority.
c. It regulates external human action.
d. It maintains the peace and justice in the society. It also protects life, liberty and
property of the people.
e. If the law is not followed, then the person will be punished according to the law.
f. A law always treats all equally.
g. The interpretation of law is interpreted by the court.
h. Law has a supreme nature.
i. Law is not static, it is dynamic.
j. It regulates the human conduct.
k. It is created and maintained by the state.
l. It has certain amount of stability, fixity and uniformity.
m. It is backed by coercive authority.
n. It is the expression of the will of the people and is generally written down to give it
definiteness.
o. Its violation leads to punishment.
p. It is related to the concept of ‘sovereignty’ which is the most important element of
state.
The law is rule which is made by state to distinguish the just and unjust, right and wrong in
the society. The term law means ‘a set of rules’ which are made and applied by the state or
sovereign authorities. Law is the product of human civilization. Human civilization has
developed law for regulating conduct of human beings in certain matter. In this sense the
law of nature is not law in our context. Similarly it is concerned about the conduct of human
being and not beyond that being a product of human civilization. it is created by human
being. In this way, the laws of god or religious rules are not law in this sense. A law is rule
that is enforced by force. No one members of the society has option to follow it or not. In
this sense society means state. The society in its corporate makes the law and enforces it.
The power of corporate capacity (to make law and enforce it) is exercised differently in the
different systems of Governments. In democratic form of government representatives of the
people make the law and independent judiciary enforce it. In autocratic form of government,
even a single person makes law and enforces in his own way.
law is not in the fix time. It is developed according to the development of society and
science. Law is the oldest discipline among the social sciences. Its origin and evolution
dates back from ancient natural law school to modern economic law school.
Natural law school of law was in existence since 300 B.C. it was based on “just” and
“unjust”, “Right and Wrong” reason behind moral theory. There exists certain legal value or
value judgments. The value judgment can be determined by human reason and guided by
human laws. Law has been defined by scholarly thinkers from different philosophy about
how the law is developed? Such as, Natural law school, Historical School, analytical
school, sociological school, realist school, critical legal studies, feminist school and law and
economic school etc.
law often raise the question of the extent to which law incorporates morality. John Austin's
utilitarian answer was that law is "commands, backed by threat of sanctions, from a
sovereign, to whom people have a habit of obedience". Natural lawyers on the other side,
such as Jean-Jacques Rousseau, argue that law reflects essentially moral and
unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek
philosophy concurrently and in connection with the notion of justice, and re-entered the
mainstream of Western culture through the writings of Thomas Aquinas, notably his
Treatise on Law.
When having completed the first two parts of his book Splendors et misères des
courtesans, which he intended to be the end of the entire work, Honoré de Balzac visited
the Conciergerie. Thereafter, he decided to add a third part, finally named Ou mènent les
Mauvais chemins (The Ends of Evil Ways), entirely dedicated to describing the conditions
in prison.
SOURCES OF LAW.
1. Legislation.
Legislation is the prime source of law. and consists in the declaration of legal rules by a
competent authority. Legislation can have many purposes: to regulate, to authorize, to
enable, to proscribe, to provide funds, to sanction, to grant, to declare or to restrict. A
parliamentary legislature frames new laws, such as Acts of Parliament, and amends or
repeals old laws. The legislature may delegate law-making powers to lower bodies. In the
UK, such delegated legislation includes Statutory Instruments, Orders in Council, & Bye-
laws. Delegated legislation may be open to challenge for irregularity of process; and the
legislature usually has the right to withdraw delegated powers if it sees fit.
legislation is the process of making law by parliament. In another sense the law made by
parliament is called legislation. So that legislation is a source of law or law itself in another
sense.Latin term ‘Legis’ + ‘later’ denotes ‘Law +Making’. It means law making body of state
or parliament. Law passed by the legislative body is called legislation or statutes. It is
superior to all sources of law. Law is makes, amends and ratifies according to the time,
situation or need of society. Judges must enforce the law in the courts even if it is contrary
to the binding precedent. It is made according to the change of time or situation and is
outcome of a long series of discussion among legislatures, e.g. Labour Act, 2048, Contract
Act, 2056, Company Act, 2063 etc. It also includes the policy or decisions of government
of the state.
Legislative law is the most important source in our legal system. If any law is contrary to the
constitution, any Nepali citizen may file a suit in the Supreme Court declaring the law void.
If the Supreme Court finds the law not consistent with the constitution it declares it ultra
virus to the constitution.
Most legislatures have their powers restricted by the nation's Constitution, and
Montesquieu's theory of the separation of powers typically restricts a legislature's powers to
legislation. Although the legislature has the power to legislate, it is the courts who have the
power to interpret statutes, treaties and regulations. Similarly, although parliaments have
the power to legislate, it is usually the executive who decides on the legislative
programmed. The procedure is usually that a bill is introduced to Parliament, and after the
required number of readings, committee stages and amendments, the bill gains approval
and becomes an Act.
2. Precedent.
A precedent is a principle or rule established in a previous legal case that is either binding
on or persuasive without going to courts for a court or other tribunal when deciding
subsequent cases with similar issues or facts. Common-law legal systems place great
value on deciding cases according to consistent principled rules, so that similar facts will
yield similar and predictable outcomes, and observance of precedent is the mechanism
by which that goal is attained. precedent means the earlier decision of the court that is
taken as a rule for the cases that come later. As a source of law the principle laid down
by the Supreme Court is binding upon all the courts and authorities. The legal principle
laid down by the Supreme Court is a source of law. According to Salmond, ‘a precedent
is a judicial decision which contains in principle itself.’ such principle is created in the
course of verdict, which fulfils vacuum of law. Such verdict is regarded as the law for
cases of the same nature and binding to lower courts of hierarchy. When a judgement is
delivered the judge gives the reason for his decision that is the principle binding for
future cases. Where there is legislative law the court is to follow it. In specific case the
Supreme Court may interpret the provision of law. The interpretation is binding in future
cases. Where there is no legislation the Supreme Court may introduce principle to solve
the problem. According to the Article 128(4) of Nepal Constitution, 2072, ‘the
interpretation of constitution and law or the legal principles propounded by the Supreme
Court in relation to court cases must be followed by all. The principle by which judges
are bound to precedents is known as stare decisis (a Latin phrase with the literal
meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is
a third kind of law, on equal footing with statutory law (that is, statutes and codes
enacted by legislative bodies) and subordinate legislation (that is, regulations
promulgated by executive branch agencies, in the form of delegated legislation) in UK
parlance – or regulatory law (in US parlance).
6. Professional Opinion.
Judges can get opinion of expert at the time of decision in the court. In some cases, it is
vital to deliver the decision. For e.g., DNA test for conform of relation between debated
relatives. It is opinion given by the expert in the report. Explanation of Dr. Report of
Postmortem Report in the Murder cases, opinion of lawyers etc. Though the arbitral tribunal
is generally selected based on their experience or expertise in a field relevant to the subject
matter of the dispute, oftentimes the arbitral tribunal may not be fully equipped to assess all
the facets of the issue. This is especially true in disputes involving complex issues or
technical factors. In such instances, expert witnesses are appointed by either parties to the
dispute or by the arbitral tribunal. Expert witnesses are individuals with specialized training
and expertise in particular issues relevant to the dispute. Their expert opinion provides
assistance the arbitral tribunal during their decision-making process. In international
construction arbitrations for example, one or several expert witnesses may be appointed to
give testimony on topics such as delay, quantum, geotechnics, defects or forensic
accounting.