Free Essay

Accommodation Cases

In: Other Topics

Submitted By blackphoenix303
Words 2822
Pages 12
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION G.R. No. 80599 September 15, 1989
ERNESTINA CRISOLOGO-JOSE, petitioner, vs. COURT OF APPEALS and RICARDO S. SANTOS, JR. in his own behalf and as Vice-President for Sales of Mover Enterprises, Inc., respondents.
Melquiades P. de Leon for petitioner.
Rogelio A. Ajes for private respondent. REGALADO, J.:
Petitioner seeks the annulment of the decision 1 of respondent Court of Appeals, promulgated on September 8, 1987, which reversed the decision of the trial Court 2 dismissing the complaint for consignation filed by therein plaintiff Ricardo S. Santos, Jr.
The parties are substantially agreed on the following facts as found by both lower courts: In 1980, plaintiff Ricardo S. Santos, Jr. was the vice-president of Mover Enterprises, Inc. in-charge of marketing and sales; and the president of the said corporation was Atty. Oscar Z. Benares. On April 30, 1980, Atty. Benares, in accommodation of his clients, the spouses Jaime and Clarita Ong, issued Check No. 093553 drawn against Traders Royal Bank, dated June 14, 1980, in the amount of P45,000.00 (Exh- 'I') payable to defendant Ernestina Crisologo-Jose. Since the check was under the account of Mover Enterprises, Inc., the same was to be signed by its president, Atty. Oscar Z. Benares, and the treasurer of the said corporation. However, since at that time, the treasurer of Mover Enterprises was not available, Atty. Benares prevailed upon the plaintiff, Ricardo S. Santos, Jr., to sign the aforesaid chEck as an alternate story. Plaintiff Ricardo S. Santos, Jr. did sign the check. It appears that the check (Exh. '1') was issued to defendant Ernestina Crisologo-Jose in consideration of the waiver or quitclaim by said defendant over a certain property which the Government Service Insurance System (GSIS) agreed to sell to the clients of Atty. Oscar Benares, the spouses Jaime and Clarita Ong, with the understanding that upon approval by the GSIS of the compromise agreement with the spouses Ong, the check will be encashed accordingly. However, since the compromise agreement was not approved within the expected period of time, the aforesaid check for P45,000.00 (Exh. '1') was replaced by Atty. Benares with another Traders Royal Bank cheek bearing No. 379299 dated August 10, 1980, in the same amount of P45,000.00 (Exhs. 'A' and '2'), also payable to the defendant Jose. This replacement check was also signed by Atty. Oscar Z. Benares and by the plaintiff Ricardo S. Santos, Jr. When defendant deposited this replacement check (Exhs. 'A' and '2') with her account at Family Savings Bank, Mayon Branch, it was dishonored for insufficiency of funds. A subsequent redepositing of the said check was likewise dishonored by the bank for the same reason. Hence, defendant through counsel was constrained to file a criminal complaint for violation of Batas Pambansa Blg. 22 with the Quezon City Fiscal's Office against Atty. Oscar Z. Benares and plaintiff Ricardo S. Santos, Jr. The investigating Assistant City Fiscal, Alfonso Llamas, accordingly filed an amended information with the court charging both Oscar Benares and Ricardo S. Santos, Jr., for violation of Batas Pambansa Blg. 22 docketed as Criminal Case No. Q-14867 of then Court of First Instance of Rizal, Quezon City. Meanwhile, during the preliminary investigation of the criminal charge against Benares and the plaintiff herein, before Assistant City Fiscal Alfonso T. Llamas, plaintiff Ricardo S. Santos, Jr. tendered cashier's check No. CC 160152 for P45,000.00 dated April 10, 1981 to the defendant Ernestina Crisologo-Jose, the complainant in that criminal case. The defendant refused to receive the cashier's check in payment of the dishonored check in the amount of P45,000.00. Hence, plaintiff encashed the aforesaid cashier's check and subsequently deposited said amount of P45,000.00 with the Clerk of Court on August 14, 1981 (Exhs. 'D' and 'E'). Incidentally, the cashier's check adverted to above was purchased by Atty. Oscar Z. Benares and given to the plaintiff herein to be applied in payment of the dishonored check. 3
After trial, the court a quo, holding that it was "not persuaded to believe that consignation referred to in Article 1256 of the Civil Code is applicable to this case," rendered judgment dismissing plaintiff s complaint and defendant's counterclaim. 4
As earlier stated, respondent court reversed and set aside said judgment of dismissal and revived the complaint for consignation, directing the trial court to give due course thereto.
Hence, the instant petition, the assignment of errors wherein are prefatorily stated and discussed seriatim. 1. Petitioner contends that respondent Court of Appeals erred in holding that private respondent, one of the signatories of the check issued under the account of Mover Enterprises, Inc., is an accommodation party under the Negotiable Instruments Law and a debtor of petitioner to the extent of the amount of said check.
Petitioner avers that the accommodation party in this case is Mover Enterprises, Inc. and not private respondent who merely signed the check in question in a representative capacity, that is, as vice-president of said corporation, hence he is not liable thereon under the Negotiable Instruments Law.
The pertinent provision of said law referred to provides: Sec. 29. Liability of accommodation party an accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder, at the time of taking the instrument, knew him to be only an accommodation party.
Consequently, to be considered an accommodation party, a person must (1) be a party to the instrument, signing as maker, drawer, acceptor, or indorser, (2) not receive value therefor, and (3) sign for the purpose of lending his name for the credit of some other person.
Based on the foregoing requisites, it is not a valid defense that the accommodation party did not receive any valuable consideration when he executed the instrument. From the standpoint of contract law, he differs from the ordinary concept of a debtor therein in the sense that he has not received any valuable consideration for the instrument he signs. Nevertheless, he is liable to a holder for value as if the contract was not for accommodation 5 in whatever capacity such accommodation party signed the instrument, whether primarily or secondarily. Thus, it has been held that in lending his name to the accommodated party, the accommodation party is in effect a surety for the latter. 6
Assuming arguendo that Mover Enterprises, Inc. is the accommodation party in this case, as petitioner suggests, the inevitable question is whether or not it may be held liable on the accommodation instrument, that is, the check issued in favor of herein petitioner.
We hold in the negative.
The aforequoted provision of the Negotiable Instruments Law which holds an accommodation party liable on the instrument to a holder for value, although such holder at the time of taking the instrument knew him to be only an accommodation party, does not include nor apply to corporations which are accommodation parties. 7 This is because the issue or indorsement of negotiable paper by a corporation without consideration and for the accommodation of another is ultra vires. 8 Hence, one who has taken the instrument with knowledge of the accommodation nature thereof cannot recover against a corporation where it is only an accommodation party. If the form of the instrument, or the nature of the transaction, is such as to charge the indorsee with knowledge that the issue or indorsement of the instrument by the corporation is for the accommodation of another, he cannot recover against the corporation thereon. 9
By way of exception, an officer or agent of a corporation shall have the power to execute or indorse a negotiable paper in the name of the corporation for the accommodation of a third person only if specifically authorized to do so. 10 Corollarily, corporate officers, such as the president and vice-president, have no power to execute for mere accommodation a negotiable instrument of the corporation for their individual debts or transactions arising from or in relation to matters in which the corporation has no legitimate concern. Since such accommodation paper cannot thus be enforced against the corporation, especially since it is not involved in any aspect of the corporate business or operations, the inescapable conclusion in law and in logic is that the signatories thereof shall be personally liable therefor, as well as the consequences arising from their acts in connection therewith.
The instant case falls squarely within the purview of the aforesaid decisional rules. If we indulge petitioner in her aforesaid postulation, then she is effectively barred from recovering from Mover Enterprises, Inc. the value of the check. Be that as it may, petitioner is not without recourse.
The fact that for lack of capacity the corporation is not bound by an accommodation paper does not thereby absolve, but should render personally liable, the signatories of said instrument where the facts show that the accommodation involved was for their personal account, undertaking or purpose and the creditor was aware thereof.
Petitioner, as hereinbefore explained, was evidently charged with the knowledge that the cheek was issued at the instance and for the personal account of Atty. Benares who merely prevailed upon respondent Santos to act as co-signatory in accordance with the arrangement of the corporation with its depository bank. That it was a personal undertaking of said corporate officers was apparent to petitioner by reason of her personal involvement in the financial arrangement and the fact that, while it was the corporation's check which was issued to her for the amount involved, she actually had no transaction directly with said corporation.
There should be no legal obstacle, therefore, to petitioner's claims being directed personally against Atty. Oscar Z. Benares and respondent Ricardo S. Santos, Jr., president and vice-president, respectively, of Mover Enterprises, Inc. 2. On her second assignment of error, petitioner argues that the Court of Appeals erred in holding that the consignation of the sum of P45,000.00, made by private respondent after his tender of payment was refused by petitioner, was proper under Article 1256 of the Civil Code.
Petitioner's submission is that no creditor-debtor relationship exists between the parties, hence consignation is not proper. Concomitantly, this argument was premised on the assumption that private respondent Santos is not an accommodation party.
As previously discussed, however, respondent Santos is an accommodation party and is, therefore, liable for the value of the check. The fact that he was only a co-signatory does not detract from his personal liability. A co-maker or co-drawer under the circumstances in this case is as much an accommodation party as the other co-signatory or, for that matter, as a lone signatory in an accommodation instrument. Under the doctrine in Philippine Bank of Commerce vs. Aruego, supra, he is in effect a co-surety for the accommodated party with whom he and his co-signatory, as the other co-surety, assume solidary liability ex lege for the debt involved. With the dishonor of the check, there was created a debtor-creditor relationship, as between Atty. Benares and respondent Santos, on the one hand, and petitioner, on the other. This circumstance enables respondent Santos to resort to an action of consignation where his tender of payment had been refused by petitioner.
We interpose the caveat, however, that by holding that the remedy of consignation is proper under the given circumstances, we do not thereby rule that all the operative facts for consignation which would produce the effect of payment are present in this case. Those are factual issues that are not clear in the records before us and which are for the Regional Trial Court of Quezon City to ascertain in Civil Case No. Q-33160, for which reason it has advisedly been directed by respondent court to give due course to the complaint for consignation, and which would be subject to such issues or claims as may be raised by defendant and the counterclaim filed therein which is hereby ordered similarly revived. 3. That respondent court virtually prejudged Criminal Case No. Q-14687 of the Regional Trial Court of Quezon City filed against private respondent for violation of Batas Pambansa Blg. 22, by holding that no criminal liability had yet attached to private respondent when he deposited with the court the amount of P45,000.00 is the final plaint of petitioner.
We sustain petitioner on this score.
Indeed, respondent court went beyond the ratiocination called for in the appeal to it in CA-G.R. CV. No. 05464. In its own decision therein, it declared that "(t)he lone issue dwells in the question of whether an accommodation party can validly consign the amount of the debt due with the court after his tender of payment was refused by the creditor." Yet, from the commercial and civil law aspects determinative of said issue, it digressed into the merits of the aforesaid Criminal Case No. Q-14867, thus: Section 2 of B.P. 22 establishes the prima facie evidence of knowledge of such insufficiency of funds or credit. Thus, the making, drawing and issuance of a check, payment of which is refused by the drawee because of insufficient funds in or credit with such bank is prima facie evidence of knowledge of insufficiency of funds or credit, when the check is presented within 90 days from the date of the check. It will be noted that the last part of Section 2 of B.P. 22 provides that the element of knowledge of insufficiency of funds or credit is not present and, therefore, the crime does not exist, when the drawer pays the holder the amount due or makes arrangements for payment in full by the drawee of such check within five (5) banking days after receiving notice that such check has not been paid by the drawee. Based on the foregoing consideration, this Court finds that the plaintiff-appellant acted within Ms legal rights when he consigned the amount of P45,000.00 on August 14, 1981, between August 7, 1981, the date when plaintiff-appellant receive (sic) the notice of non-payment, and August 14, 1981, the date when the debt due was deposited with the Clerk of Court (a Saturday and a Sunday which are not banking days) intervened. The fifth banking day fell on August 14, 1981. Hence, no criminal liability has yet attached to plaintiff-appellant when he deposited the amount of P45,000.00 with the Court a quo on August 14, 1981. 11
That said observations made in the civil case at bar and the intrusion into the merits of the criminal case pending in another court are improper do not have to be belabored. In the latter case, the criminal trial court has to grapple with such factual issues as, for instance, whether or not the period of five banking days had expired, in the process determining whether notice of dishonor should be reckoned from any prior notice if any has been given or from receipt by private respondents of the subpoena therein with supporting affidavits, if any, or from the first day of actual preliminary investigation; and whether there was a justification for not making the requisite arrangements for payment in full of such check by the drawee bank within the said period. These are matters alien to the present controversy on tender and consignation of payment, where no such period and its legal effects are involved.
These are aside from the considerations that the disputed period involved in the criminal case is only a presumptive rule, juris tantum at that, to determine whether or not there was knowledge of insufficiency of funds in or credit with the drawee bank; that payment of civil liability is not a mode for extinguishment of criminal liability; and that the requisite quantum of evidence in the two types of cases are not the same.
To repeat, the foregoing matters are properly addressed to the trial court in Criminal Case No. Q-14867, the resolution of which should not be interfered with by respondent Court of Appeals at the present posture of said case, much less preempted by the inappropriate and unnecessary holdings in the aforequoted portion of the decision of said respondent court. Consequently, we modify the decision of respondent court in CA-G.R. CV No. 05464 by setting aside and declaring without force and effect its pronouncements and findings insofar as the merits of Criminal Case No. Q-14867 and the liability of the accused therein are concerned.
WHEREFORE, subject to the aforesaid modifications, the judgment of respondent Court of Appeals is AFFIRMED.
SO ORDERED.
Paras, Padilla and Sarmiento, JJ., concur.
Melencio-Herrera J., took no part.

Similar Documents

Premium Essay

Accommodation Types

...ACCOMMODATION TYPES Accommodation to suit every budget and every taste, all graded by a unique quality assurance scheme. Guest House A guest house normally has at least 4 letting bedrooms, some with ensuite or private facilities. It is usually run as a commercial business. Breakfast is available and evening meals may be provided. B&B Accommodation offering bed and breakfast, usually in a private house. B&Bs normally accommodate no more than 6 guests, and may or may not serve an evening meal. Small Hotel A small hotel normally has a minimum of 6 letting bedrooms and a maximum of 20. Most bedrooms have ensuite or private facilities. Small hotels serve breakfast, dinner and, normally, lunch, and they have a drinks licence (though it may be a restricted licence). They are normally run by the owner(s) and reflect their own personal style. Hotel A hotel normally has at least 20 letting bedrooms, of which most have ensuite or private facilities. They serve breakfast, dinner and, normally, lunch, and they usually have a drinks licence (it may be a restricted one). International Resort Hotel A hotel with a 5-star quality award that has a range of leisure and sporting facilities. These include an 18-hole golf course, swimming pool and leisure centre, and country pursuits. Self-catering A house, cottage, apartment, chalet or similar accommodation, with self-catering facilities, which is let normally on a weekly basis to individuals, although shorter......

Words: 774 - Pages: 4

Premium Essay

Accommodation Preferences

...Background Real Estate and Housing Developers Association (REHDA), the main governmental body responsible in property development industry in Malaysia, has initiated on 13 October 2000. This organization plays an important role in ensuring the relevant authorities and government agencies respect the developers’ views regarding industry. Table 1.1: Number of REHDA Members by state (REHDA, 2011) State Kuala Lumpur Selangor Negeri Sembilan Melaka Johor Perak Kedah Kelantan Pahang Penang Terengganu Number of Company 114 252 47 70 105 100 80 30 63 79 18 Property can be defined as “an object(s) that belong to someone” as well as “a building or area of land.” However, second opinion tells the best definition in the research topic. In this case, property development business is synonymous to the real estate development business. It is a legal term that includes land along with improvements to the land, such as building, fences wells and other site improvements that are fixed in location or immovable. Development is the act or process of growing, progressing, or developing (Collins, 2003). 2 Property development is a business or investment, and as such, is driven by profitability factors. Costs and expected revenues determine profitability (Property-investing.org, 2011). Hence, investment requires certain amount of capital in order to operate. This is due to the large amount of capital expenses required at the development stage including land cost,......

Words: 10875 - Pages: 44

Free Essay

Accommodation System Expert

...Table of Contents Introduction 3 Accommodation System 3 Identification and Literature Surveys 3 The need for the system 4 Aims and Benefits 4 Domain Expert and Users 5 Users 5 Knowledge Acquisition 5 Strategy 5 Process of acquiring knowledge 5 Problems and solutions 5 Solution 6 Evaluation of prototype don`t do 6 Expert opinion 6 Performance/Achievement 6 Further Improvement 6 Special features 8 Variable 8 Tags 9 References 11 Apendices 12 Program Code 12 User Manual 15 This software will ask you your name and then you continue being friends. 15 INTRODUCTION APIIT/UCTI ACCOMMODATION SYSTEM EXPERT T he system provides apartment type accommodation located close to the campus with full condominium facilities, which includes swimming pool, launderettes, clubhouses, restaurants, 24 hr security and etc. All units are furnished with basic amenities, including a living room set, dining room set, air conditioning, washing machine, kitchen and bedroom furniture. Internet Access and Satellite TV are complementary for Deluxe Accommodation. Student can also rent apartments at their own. Rental of a 3-bedroom furnished apartment unit at Vista Komanwel Apartments ranges from RM1, 500 to RM1, 800 per month. On a six-student per unit sharing basis, rental for each student ranges between RM 350 to RM 500......

Words: 2501 - Pages: 11

Free Essay

On Reasonable Accommodation

...On Reasonable Accommodation INTRODUCTION Our modern society has long been governed by classic liberal notions advocated by thinkers such as John Stuart Mill and John Locke, Emmanuel Kant. A traditional conception of equality is generally prioritized in their work, outlining a highly formal approach premised on uniform treatment, colour-blindness and an emphasis on the Rule of Law. However, in the contemporary context of today, such an ideological hope tends to play the role of the ignorant fool, who disregards the complexity of our society. We are in need of a system that opens its eyes, stops hiding behind a “veil of ignorance” (Sandel, 1998:24) and adopts a more flexible approach. The Bouchard – Taylor Commission demonstrates exactly this notion. This essay will argue in favour of one of the major claims made by Gerard Bouchard & Charles Taylor, that reasonable accommodation, in essence a more substantive equality perspective is a necessary, if not mandatory approach that a multicultural society is in dire need of adopting, clarifying and deeply enforcing. I will discuss the logic and rational that underpins harmonization measures by exploring how social norms & ideologies have played an especially important role is systemic discrimination, then, how Canadian Law and legal institutions have played a role in constructing and maintaining racial stereotypes, and then, how the media plays an especially vital role in further denouncing minority groups. I will then......

Words: 2940 - Pages: 12

Free Essay

Communication Accommodation Theory Journal

...Kayla D. King Journal 9 December 1, 2013 CAT Part 1 The Communication Accommodation Theory came about after; Giles realized that speech goes beyond twangs, pronunciation, and gaps in speech. In 1987 Giles coined the Communication Accommodation Theory as a theory that is based on intercultural communication. Accommodation is the ongoing shift in communication that is either toward or away from others. This theory is based on two strategies: convergence and divergence. Both are seen as accommodation because of the constant shift in communication. Convergence is a strategy that is used when an individual adjusts their speech to be similar to the person they are speaking with. Another strategy that is based on convergence is called discourse management. Discourse management is the act of carefully choosing topics that will not generate tension or awkward moments. In contrast, divergence is the act of moving away from others by not adjusting speech. An individual emphasizing the differences between he or she and another person is another way to divert. In intergenerational relationships, the elderly tend to use self-handicapping as a face-saving strategy. Self-handicapping, in this case, is when the elderly use being older as an excuse. Another divergent strategy is maintenance. Maintenance is continuing to use original communication without regard for others, also known as underaccommodation. Moreover, overaccommodation is patronizing belittling speech,...

Words: 737 - Pages: 3

Free Essay

How Critical Is User Generated Content for Customer Satisfaction in Accommodation Aggregator Sites?

...Content for customer satisfaction in accommodation aggregator sites? 34.125 STUs max. Now 25111 + 1600 (2 charts) Introduction and problem formulation: The Internet has grown to be one of the most effective means for tourists to seek information in the planning process of their vacation. Tourists find themselves navigating through an immense amount of information that could be relevant for the planning, which can be experienced as being overwhelming for prospect travellers (Pan and Fesenmaier 2006). In this scenario, aggregator sites enable users to search for content specific for their area of interest, gathering the information needed under a single roof and functioning as an intermediary between prospect travellers and the travel industry. Because of the low barriers of entry, the proliferation of information aggregator sites has created a strong competitive environment, where sites are competing for the attention of customers on the online space. Online customers are characterized as having a short attention span, seeking information on multiple sites, and having a low barrier to switching to alternative sites (Chaffey, 2009). User satisfaction is then essential for the success of an aggregator site, in order to retain customers and to encourage repeated visits to the sites. It is the aim of this paper (mini-project?) to explore the critical success factors for customer satisfaction of accommodation aggregator sites. Accommodation aggregator sites are popular in......

Words: 4623 - Pages: 19

Premium Essay

Environmental Scan - Accommodation and Food Services

...What is your industry? Accommodation and Food Services Environmental Force Issues Competitive I used to think that restaurants are just opening their doors waiting for customers. But in fact, if you want to make a restaurant popular, you have to be very serious about quality management. The reasons people go out to eat are food and dining environment. They refer to the quality of food and quality of services and beautification. Since restaurants build their reputation on word of mouth, they have to keep customers’ satisfaction on both aspects. To ensure the quality of food, a restaurant keeps their eyes on the cooking materials, the skills of chefs, and the cleanness of the kitchen. In addition, the tastes of dishes have to adjust based on customers’ needs. On the other hand, the quality of decoration and services can distinguish a restaurant from other competitors. Every experience for customers is crucial and his employees should try their best to make the experience wonderful. Cultural, Demographic and Social Trends The challenge to keep up with ever-changing consumer habits is critical for a successful restaurant business. Pressure to improve the nutritional value of restaurant cost will play a big role in the restaurant industry. Another growing influence on the industry is the rapid growth of different heritages in the United States will continue to drive demand for more ethnically diverse foods. Technology We are seeing iPads as menus invade the......

Words: 399 - Pages: 2

Premium Essay

Communication Accommodation

...cannot be explained or predicted by the theory and explain why the theory does not address them. Do not bring in any new theoretical concepts nor add more information about your episode; use only the information already presented in theory and episode sections. Utility: (approx. 1-1.5 pages) Based upon your theoretical analysis above, discuss how, why and the degree to which this theory is a useful tool in everyday communicative interaction in a wide variety of contexts. Discuss whether and why the theory is helpful overall for explaining, predicting or controlling communication interaction. This section requires some original thought. Use creative thinking and additional research to bring in some potential contexts other than the one in your case study. Note at least one aspect of communication interaction that cannot be explained using this theory. For ideas about what cannot be explained by your theory, you might brainstorm about concepts that other theories might address. However, do not write about any new theories here, as you will not be able to explain them adequately. Do not apply all criteria for evaluating a social scientific theory – focus on utility only. Continued on next page Conclusion: (approx. .25-.5 page) Summarize what your paper accomplished. Do not introduce new material here. References: Include APA style reference list for all sources. Refer to Purdue Owl website for APA guidelines. https://owl.english.purdue.edu/ Comm  89  Theory ......

Words: 2753 - Pages: 12

Premium Essay

Case

...Huber v. Wal-Mart Stores, Inc. Summary Webster University The case of Huber v. Wal-Mart Stores, Inc. involves Pam Huber who worked for Wal-Mart as an order filler making $13.00 per hour until she became disabled (Twomey, 2013, p. 572). Pam was no longer able to perform the essential functions of the filler position (Twomey, 2013, p. 572). Pam sought reassignment to a router position which was vacant for which she was qualified, as a reasonable accommodation (Twomey, 2013, p. 572). Wal-Mart did not automatically reassign her to the router position, it had her apply and compete with the other qualified applicants (Twomey, 2013, p. 573). Wal-Mart filled the job with a nondisabled applicant and denied Huber the position as the router (Twomey, 2013, p. 573). They claimed the candidate who was hired was the most qualified applicant (Twomey, 2013, p. 573). Huber was paced in a janitorial position at another facility making only $6.20 per hour (Twomey, 2013, p. 573). Huber filed a suit under the ADA arguing she should have been reassigned to the router position as a reasonable accommodation for her disability (Twomey, 2013, p. 573). Wal-Mart filed a motion for summary judgment, contending that it had a legitimate nondiscriminatory policy of hiring the most qualified applicant for all job vacancies and was not required to reassign Huber to the router position ((Twomey, 2013, p. 573). Huber filed a cross-motion for summary judgment, and the district court granted......

Words: 839 - Pages: 4

Free Essay

Is Airbnb a Threat to Traditional Accommodation?

...Is AirBnB a threat on traditional accommodation? With the rapid growth of Airbnb, I think that it poses a real threat to traditional accommodation offerings in the Caribbean. AirBnB is an online service which allows hosts to rent out their homes or spare bedrooms. This has become a threat to the traditional hotel companies, which are now trying to figure out ways to compete in the sharing economy. In the sharing economy, any person can list their own property online for rent which AirBnB can clay claim to being the world’s largest hotel chain without owning a single room. Airbnb has become more appealing to investors by its low overhead. Compared to traditional hotels, the company doesn’t have to worry about the high turnover rates of bellhops and front desk clerks like hotels do, and it doesn’t have to concern itself with real estate prices and franchise partnerships. Many people who have used AirBnB said that hotels might offer predictability, but they are looking for an adventure, which they never found in a hotel. Also they considered it to be much cheaper than traditional hotel accommodation and that they can exist a little more locally and authentically. Hotels are already feeling the effects of Airbnb’s approach to room rentals, but continued growth could force the hotels to lower room prices. Traditional hotels should form partnership with AirBnB. They could offer packages to guest of AirBnB at a reasonable cost that would be attractive to the guest. Also......

Words: 265 - Pages: 2

Premium Essay

Accommodation Satisfaction and the Factors Which Influence Students' Choice.

...Accommodation satisfaction and the factors which influence students' choice. Introduction: Accommodation plays an important role in students' daily life. It is considered by students as the second home where they can rest,recreate and study after class. Whether students are satisfied with their accommodation can affect their emotion largely. So we design this project to survey the satisfaction and expectation among students for their accommodation. We hope that this report can do some help for the future design of university accommodation. Background: For convenience, we choose our university(university of surrey)accommodation as a sample. According to our university,our accommodation are divided into 5 bands(A,B,C,D,E). The price,equipment and location of them are quit different. Band A is the cheapest one, which must share the bathroom and toilet with more than 10 people in the small space. The price of Band B is higher than Band A, and the room space is also larger than Band A. Band C owns the similar equipment with Band B, but more expensive and larger space. Band D and Band E are the most expensive ones,they are en-suite single rooms. However, Band E cost much than Band D because of its larger space. Methodology: Our research was done by asking students of university of surrey at random to complete questionnaire(Appendix 1).40 students were interviewed on Saturday 5 August with 19 males and 21 females. Than analysis and classify the collected data in......

Words: 985 - Pages: 4

Premium Essay

Accommodation Preferences

...African Journal of Business Management Vol. 5(17), pp. 7335-7341, 4 September, 2011 Available online at http://www.academicjournals.org/AJBM ISSN 1993-8233 ©2011 Academic Journals Full Length Research Paper The students’ degree of preference for residence hall facilities and amenities, study of a developing country Fatemeh Khozaei1*, Ahmad Sanusi Hassan1 and T Ramayah2 1 School of Housing Building and Planning, Universiti Sains, Malaysia. 2 School of management, Universiti Sains, Malaysia. Accepted 15 June, 2011 The main purpose of this study was to explore the degree of university residence hall students’ preferences for some facilities and amenities. With a case study of a developing country, this paper also aimed to determine whether the mean score of these preferences differed significantly with regard to students’ gender, nationality, race and study level. Structured questionnaires were administrated to 850 residence hall students, and 752 questionnaires were usable out of these numbers. The result of the study indicated that free internet access, lockable storage space and mirror inside student’s room, water machine and variety of food in food stall were the 5 most preferred facilities in the residence halls. Additionally, this study highlighted the importance of some specific facilities such as kitchen, laundry monitoring system and 24 h available taxi from students’ perspective. It was found that students had a great interest to these......

Words: 4217 - Pages: 17

Premium Essay

Accommodations and Modifications

...Running Head: Reflective Analysis Reflective Analysis: Accommodations and Modifications Tracey Sullivan SPE 526: Grand Canyon University May 23, 2012 Reflective Analysis: Accommodations and Modifications Teaching students with special needs is a challenge and requires dedication. I have always been told that as a teacher you are either going to love teaching children with special needs or you don’t. I feel that it is vitally important to know what you are facing when having to work with this population of people. Disabled students are very unique in their own way and require special attention to be able to address concerns in a way that it is beneficial to the student. Considering that each student learns differently, there are many teaching styles that can be used to help disabled students to learn. Also as a teacher you must evaluate the student so that you are able to know whether or not accommodations and modifications are needed in order to help the student to learn as much as possible. During the assignment, I had to do fifteen hours of observation hours in either an inclusive or self-contained classroom setting. So I notified a school and was able to do these hours in a self-contained classroom. During this week, state tests were being administered in the regular education class, so therefore the inclusive classrooms weren’t available. Special education students are required to take state test as well, but they have a test that’s been modified to the......

Words: 1533 - Pages: 7

Free Essay

Students Accommodation

...MacroPlan Australia Setting New Standards MacroPlan Australia Setting New Standards Student Accommodation Study October 2006 PREPARED FOR CITY OF WHITEHORSE City of Whitehorse MACROPLAN AUSTRALIA PTY LTD SYDNEY |MELBOURNE Page 1 of 60 MacroPlan Australia Setting New Standards + Contact Information PROJECT DIRECTOR Con Tsotsoros (Director, Spatial Planning) MELBOURNE SYDNEY Fairfax House Level 5, 19-31 Pitt Street, Sydney, NSW. 2000 t. 02 9252 1199 f. 02 9241 6002 REPORT CONTACT Jason Black (Associate Director, Spatial Planning) MELBOURNE MELBOURNE Level 4, 107-109 Flinders Lane, Melbourne, Vic. 3000 t. 03 9663 6826 f. 03 9663 2896 e. info@macroplan.com.au w. www.macroplan.com.au Signed+ …………………………………….……. Dated: 26 October 2006 + This document has been reviewed by the Director of the Spatial Planning Group, MacroPlan Australia. This document is for discussion purposes only unless signed and dated by the person(s) identified. Disclaimer © MacroPlan Australia Pty Ltd All Rights Reserved. No part of this document may be reproduced, transmitted, stored in a retrieval system, or translated into any language in any form by any means without the written permission of MacroPlan Australia Pty Ltd. Intellectual Property Rights All Rights Reserved. All methods, processes, commercial proposals and other contents described in this document are the confidential intellectual property of MacroPlan Australia Pty Ltd and may not be used......

Words: 31920 - Pages: 128

Free Essay

Accommodation Satisfaction and the Factors Which Influence Students' Choice.

...Home Page» Business and Management Accommodation Satisfaction and the Factors Which Influence Students' Choice. In: Business and Management Accommodation Satisfaction and the Factors Which Influence Students' Choice. Accommodation satisfaction and the factors which influence students' choice. Introduction: Accommodation plays an important role in students' daily life. It is considered by students as the second home where they can rest,recreate and study after class. Whether students are satisfied with their accommodation can affect their emotion largely. So we design this project to survey the satisfaction and expectation among students for their accommodation. We hope that this report can do some help for the future design of university accommodation. Background: For convenience, we choose our university(university of surrey)accommodation as a sample. According to our university,our accommodation are divided into 5 bands(A,B,C,D,E). The price,equipment and location of them are quit different. Band A is the cheapest one, which must share the bathroom and toilet with more than 10 people in the small space. The price of Band B is higher than Band A, and the room space is also larger than Band A. Band C owns the similar equipment with Band B, but more expensive and larger space. Band D and Band E are the most expensive ones,they are en-suite single rooms. However, Band E cost much than Band D because of its larger space. Methodology: Our......

Words: 345 - Pages: 2