Rainbow Travel SerEssay Preview: Rainbow Travel SerReport this essayRainbow Travel Serv., Inc. v. Hilton Hotels Corp., 896 F.2d 1233, 1240-41 (10th Cir. 1990) & Onyx Acceptance Corp. v. Trump Hotel & Casino Resorts, Inc., 950 A.2d 907 (2008)
What I decided to do with the extra credit is to choose two different cases related to the breach of contracts that have slightly different decisions. Ive tried to find cases that have totally opposite decisions but I couldnt find it. Rainbow Travel Serv., Inc. v. Hilton Hotels Corp., 896 F.2d 1233, 1240-41 (10th Cir. 1990) and Onyx Acceptance Corp. v. Trump Hotel & Casino Resorts, Inc.,950 A.2d 907 (2008) are two cases related to breach of contracts. They have similar stories yet different verdict at the end due to the situation. They both involved breach of contract, overbooking, common law fraud, and damage to goodwill.
Rainbow Travel Serv., Inc. v. Hilton Hotels Corp., 896 F.2d 1233, 1240-41 (10th Cir. 1990). In the spring of 1986, Rainbow organization began to sell tour packages for Oklahoma football versus University of Miami football game on September 26, 1986 in Miami. Rainbow contacted the Fontainebleau Hilton which is operated by Hilton Hotels, Inc. After contact, the Fontainebleau and Rainbow signed two contracts: the first one is to reserve one hundred and five rooms for Rainbow on the weekend of September 27 and the second one is to provided that forty five rooms were to be reserved for Rainbow on September 26, 1986. In June, the Fontainebleau confirmed Rainbows reservation by mail and request for pre-payment. Rainbow sent partial payment of over $6,000. In August, Rainbow paid the remaining payment with checks. Rainbows president, A.J. Musgrove, went to check on everything on September 24, 1986. Musgrove met with the hotels representative, Livia Cohen, on September 24, twice on 26. Ms. Cohen had ensured Mr. Musgrove that all of the reserved rooms would be available. However, on September 26, the Rainbow groups were told by Hilton representatives that no rooms were available so they scheduled them to be staying in the hotel that is ten blocks away from the Fontainebleau.
Rainbow sued Hilton for breach of contract, common law fraud, and damage of Rainbows goodwill. Rainbow showed evidence that Hilton accepted reservations for more rooms than were available. Hilton argued that their policy was to book up to one hundred and fifteen percent of its capacity based on their historic fifteen percent “no show” rate for guests with reservations. Hilton believes that this policy allowed the hotel to honor over the course of the year. However, Rainbow showed evidences that under this policy; Hilton would actually had to dishonor the hotel. Additionally, Ms. Cohen and the hotel had knowledge of overbooking the room but never informed Mr. Musgrove. Under the circumstantial evidence of the awareness of overbooking, the court award $37,500 as compensatory damages to Rainbow.
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A claim of wrongful termination is a specific lawsuit for wrongful termination arising out of or in connection with an unlawful performance of an official duty in a federal office or place, provided the plaintiff has a valid cause of action for violation of the statute.[Footnote 1/19] Any action in this regard is without merit. The case before us is one of factional contention. This court has not held that there is any conflict between a claim for wrongful termination to terminate as a civil action and a claim for wrongful termination for wrongful termination in connection with employment, personal injury or loss, and the state or federal statute providing for the filing of a complaint or complaint of such kind against the employer. Rather, this court has held that, unlike a claim for wrongful termination for injury to a human being,[Footnote 1/20] a claim to termination for wrongful termination for such conduct violates the equal protection laws,[Footnote 1/21] because “[a]n ordinary action, as opposed to, for the making and fixing of money or for the use of money, has the effect of imposing particular restrictions on an employer’s right of compensation for alleged misdeed.”[Footnote 1/22] If the facts alleged here are true, the claim for wrongful termination may be resolved by the employer, rather than by any state statute or federal agency. The court may err in a case where an individual is only entitled to termination for “an act or omission of which only the person could allege that [he] was unaware.” F.A. No. 77-5, at 11.
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A claim for wrongful termination is filed with the EEOC (or, in other words, the Office of Legal Counsel) if it is based on discrimination on the basis of sexual orientation, gender identity, age, position or disability; whether or not that discrimination is justified by other laws or employment practices.
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Section 6 of Title 18, the Civil Rights Act (18 U.S.C. § 1767), has passed into law without debate either during the Reagan presidency or after the Supreme Court announced its decision in O’Connor v. United States, 392 U.S. 10, 32. The Court of Appeals for the 6th Circuit has repeatedly upheld the protections against discrimination under 14th Amendment prohibitions: (1) discrimination based on sexual orientation is not subject to criminal or civil jurisdiction under federal law, (2) Title 18, however, includes provisions to prevent the exclusion or exclusionation of employers from “employment, personal injury, loss” and other classifications, based on their religious or ethnic origin; (3) discrimination involving race, color, national origin, ancestry, religion or sex is not barred by this Act.[Footnote 1/25] (In contrast, the decision of the 3rd Circuit in Epps v. Missouri [Footnote 1/26] on Title 18 is more generally comparable. Justices Stephen Breyer and Antonin Scalia were joined in dissenting.[Footnote 1/27] The 3rd Circuit rejected the contention that Title 18, the Civil Rights Act, does not preclude employers from discriminating, but
Onyx Acceptance Corp. v. Trump Hotel & Casino Resorts, Inc.,950 A.2d 907 (2008). In 2001, Onyx planned a holiday party as a reward for its most valued customers in New Jersey and Pennsylvania. The part was planned for December 1 at Trump Hotel & Casino Resorts in Atlantic City. Onyx prepaid $29,000 for sixty hotel rooms and a banquet. Trump failed to fulfill the contract. Trump overbooked the room on that day but attempted to book rooms for twenty-sixs of Onyx guests at different hotel with transportation provided. In the meantime, the banquet proceeded in the Trump Hotel while other guests were still away. In result, the banquet was unsuccessfully.
Onyx sued Trump for breach of contract, common law fraud, damages