Understanding Innkeeper Rights: Case Study on Meesqeen's Debt
School
University Teknology Mara Campus Arau, Perlis - Malaysia**We aren't endorsed by this school
Course
LAW 1740
Subject
Law
Date
Dec 11, 2024
Pages
2
Uploaded by DoctorIronDolphin33
Meesqeen, a popular actor, and his wife, Anah Jobless went to Healing Resort,located on Mabul Island, Sabah to spend their honeymoon together. Meesqeenpaid a deposit of RM1,000 upon the check-in at the luxurious resort, and theremaining RM5,000 is to be paid upon check-out. During the third night of thestay, there was a viral video on the internet claiming that Meesqeen had anextramarital affair with another popular actress, Amaliyah Hendakson.Meesqeen and Anah Jobless left the resort without paying the balance. Themanagement of Healing Resort discovered that Anah Jobless left her jewelleryset, valued at RM20,000 in the room. Advise Healing Resort on their rightsunder the Innkeepers Act 1952Issue The issue is Whether Healing Resort can exercise their rights to lien and sale underthe Innkeeper's Act 1952 against Meesqeen and Anah Jobless. Lawand ApplicationSection 2 of the Innkeepers Act 1952 (IA) defines an ““inn” as any hotel, boarding-house or other places where any person is harboured or lodged for any kindwhatsoever of hire or reward and where any domestic service whatsoever is renderedby the owner, lessee, principal tenant, occupier or manager to the person so harbouredor lodged, licensed under any written law for the time being in force in PeninsularMalaysia. Meanwhile, “innkeeper” means the keeper of any such inn and includes acompany or corporation. One of the rights of an innkeeper is the right to payment. Aninnkeeper may demand payment on demand. Upon check-in, the front office staff mayrequest the guest’s credit card for ‘pre-authorization’ purposes and to lock a certainamount of money for incidentals that the guest may incur i.e. room service, laundryetc. By applying this principle to the above question, theHealing Resort has the rightto claim the balance of rm 5000 from mesqeen and ana jobless being unpaid amountafter they left the resort without paying the remaining cost for the check-out fees onthe healing resorts. Another right of an innkeepers is the right to lien, S 3 of IA 1952provides that where the guests fails to pay the bill, an inkeepers can detian any
property bought by the guest to the hotel until the guests pay his bill. For example inthe case of Mulliner v Florence(1878) 3 QBD 484, a married couple were guests of aninn and the wife’s luggage has become the innkeeper’s lien even though the unpaidpayment was under her husband’s name. The court held that the innkeeper can keepthings belonging to the wife, even though the unpaid payment is under her husband’sname.however, the innkeepers cannot detain the guest in order to secure thesettlement of the bills. The innkeepers would be liable for the tort of falseimprisonment. In application the Helaing Resorts can exercise his right lien over the Anah Joblessjewellry that she leeft in her room when she left the healing reosrt without completingthe payment first. Healing resort can keep the jewellry until Anah Jobless andMeesqen pay the remainning balance. However, the following conditions must befullfiled such as Salaes by way of public aucation6 weeks have lapsed from the guest did not pay the left bills Guest debts Proceed if receive amount of debts Sulpurs shall be returned to the guests Giving notice or sale on newspaperConclusionsIn conclusions, healing resorts can exercise his rights of lien and sales over thejewellry under innkeepers Act 1952 against Meesqen and Anah JObless