Court Of Appeals Of Arkansas 2011 Term Paper

PAGES
3
WORDS
774
Cite
Related Topics:

BUSINESS CASE STUDIES

Business Case Studies: Holiday Inn Franchising, Inc. vs. Hotel Associates, Inc. Court of Appeals of Arkansas 2011 Ark. App. 147, 382 S.W.3d 6 (2011)

Parties

Holiday Inn Hotel (the defendant) and Hotel Associates Inc. (HAI) (the plaintiff) (Case Text, n.a.).

Facts

Buddy House was a trustworthy constructor and had been in business with Holiday Inn for several years. The contracts were even not present in the written form as they both had good faith in each other. However, Holiday Inn once asked Buddy House to renovate a hotel. The total cost of renovation was estimated to be quite high by Buddy House, and he asked Holiday Inn to extend the franchise for ten years. Holiday Inn set a condition only if the renovated hotel ran well in the period. Buddy House started operating the hotel under the name of Hotel Associates Inc. (HAI), but Holiday Inn did not still grant them the extension. After a while, Holiday Inn licensed another local hotel without informing HAI. After ten years, again, HAI applied for an extension, and Holiday Inn asked for the renovation worth $3 million (Case Text, n.a.). The refusal of the extension remained the same from Holiday Inns side. HAI sold the hotel for $5 million and filed a case against Holiday Inn for fraud. Holiday Inn appealed in Arkansas court.

Procedure

The lower court decided in favor of HAI and charged Holiday Inn for the punitive damages, which was $12 million. However, the charges were requested to be lowered, so HAI demanded that they remain the same again.

Issue

The central question...…seeming relation of trust. HAI and Holiday Inn had been working with each other for several years, which meant that HAIs damages were purely financial and economic. There was no harm inflicted on anyones health or safety. The right to warrant the financial charges was rightful under the given circumstances.

Conclusion

Financial misconduct, misreporting, or misrepresentation are all normally counted as fraud. However, suppose there is no legal binding of any contract or even for the franchising for Holiday Inn and HAIs case. In that case, the relationship does count as the apparent binding of their relationship. The mutual benefits that both parties have been gaining with the element of trust for economic growth and social wellbeing were distorted by Holiday Inn with informational asymmetries, causing direct harm to HAIs informational and…

Sources Used in Documents:

References

Caruso, C.D. & Zarco, R. (2019, May 5-7). Franchisee litigation perspective: A practical guide to franchise litigation [Paper presentation]. International Franchise Association, 52nd Annual Legal Symposium, Washington DC, United States. https://www.franchise.org/sites/default/files/2019-05/FranchiseeLitigationPerspective.pdf

Case Text. (n.a.). Holiday Inn Franchising v. Hotel Associates. https://casetext.com/case/holiday-inn-franchising-v-hotel-associates-3/

Karpoff J. M. (2020). The future of financial fraud. Journal of Corporate Finance, 101694. Advance online publication. https://doi.org/10.1016/j.jcorpfin.2020.101694

The Harmonie Group. (2013, March). Franchisor Liability Issues. https://www.harmonie.org/file/Retail-and-Hospitality/RETAIL-FranchisorLiabilityIssues.pdf


Cite this Document:

"Court Of Appeals Of Arkansas 2011" (2022, June 19) Retrieved May 3, 2024, from
https://www.paperdue.com/essay/court-appeals-arkansas-2011-term-paper-2179512

"Court Of Appeals Of Arkansas 2011" 19 June 2022. Web.3 May. 2024. <
https://www.paperdue.com/essay/court-appeals-arkansas-2011-term-paper-2179512>

"Court Of Appeals Of Arkansas 2011", 19 June 2022, Accessed.3 May. 2024,
https://www.paperdue.com/essay/court-appeals-arkansas-2011-term-paper-2179512

Related Documents
Court Services Management
PAGES 5 WORDS 1519

Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the

Court Management Policy Proposal The retributive and rehabilitative approaches of justice are dominant, and research suggests that they have disappointed the juvenile legal system. The rise in youth crime and critiques of the juvenile legal approaches has led to demands for reforms in the way of charging youth offenders. The retributive approach of justice suggests that juvenile offenses are violations against the state and holds the state accountable for sentencing youth

Court Services Management
PAGES 5 WORDS 1436

Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for

Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the

Court Analysis Justice and Court Administration Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of

Court System The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define