A Report Outlining The Legal Implications Of Undertaking The Of Acquisition A Country House And Converting It Into A Hotel

1400 words - 6 pages

A report outlining the legal implications of undertaking the of acquisition a country house and converting it into a hotelIntroductionI intend to form a company along with some associates, for the purpose of acquiring a country house and convert it into a hotel which will then be leased to a hotel management company. This report will outline the legal implications of this undertaking and assess the legal implications of construction decisions in particular reference amongst other matters, to tort, land law, company, employment and consumer and planning law.Setting up the companyHotels possess a dual nature as they can be seen both as business and as real estate. It is therefore of great importance to have the advice of professionals who are familiar with the hotel industry. It is important to assemble a team of seven professionals who help to carry out an overall evaluation of the property. This team will include a broker, an appraiser, an accountant, an attorney, an architect, an engineer, a marketing and financial consultant.The broker will assist in the negotiation of the purchase. The appraiser will be a person who has either done appraisal of similar properties or has appraised properties in the hotel construction and leasing market. The accountant will be responsible for reviewing the records kept on the property to determine whether the funds are being applied appropriately, and whether the reporting systems and financial controls are adequate. The attorney will be a legal consultant specializing in hotel works and will assist in the formulation of acquisition strategies. The attorney will assist in the identification and coordination of the members of the acquisition team, and also offer advice on structure and terms of transactions. The attorney will also assist in issues of legal due diligence, including the significance of litigation and regulatory and title issues.A Tort is a legal term that means a civil wrong and it is separate from Contract.The definition of Tort is not easy as it covers a broad range of situations; it is mainly to do with a person's responsibility to others. A tort is a breach of duty, which is fixed by law. Someone behaves tortuously if they harm someone's body, property, and legal rights or breach a duty owed under statutory law. The law allows the victim to claim damages (money) if they can prove they have been harmed, when a tort has been committed, (this is to compensate them for harm done) in some tort they only have to prove that the tort has been committed e.g. in Trespass.Tort has developed as a system based on fault liability it is case written and the level of proof needed is 'in all probability'. Proving the fault is a requirement of most torts and can sometimes be very difficult it is based on the principle that that it punishes the wrongdoer but this is in practice does not work well as most damages are paid out by insurance. In business it can have a stronger affect as business can...

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