Hospitality and Tourism Law for Hajj & Umrah – Exam Review

Question-and-Answer flashcards summarising key principles, definitions, statutes, and cases from the Hospitality and Tourism Law (Hajj & Umrah) exam materials. Use them to test recall of duties, liabilities, contract concepts, consumer protections, and relevant Malaysian legal provisions.

What are the three components of the Malaysian Parliament as stated in Article 44?

Yang di-Pertuan Agong, Dewan Negara, and Dewan Rakyat

Which branch of government is NOT part of Parliament: Yang di-Pertuan Agong, Dewan Negara, Dewan Rakyat, or The Judiciary?

The Judiciary

What is a litigant called who asks a higher court to reverse a lower-court decision?

Appellant

Under the Consumer Protection Act 1999, what is the monetary limit of a claim before the Consumer Claims Tribunal?

RM 50,000

True or False: Legal representation is allowed before the Consumer Claims Tribunal.

False

In contract law, an offer must be communicated to the offeree. What element listed in the notes is NOT required for a valid offer?

Value for promise (consideration) is not necessary merely to constitute an offer.

When goods are sold by sample, what implied condition gives the buyer a chance to compare the bulk with the sample?

The buyer must have a reasonable opportunity to compare the bulk with the sample.

What is the primary duty of care a hospitality operator owes to guests?

To take all reasonable steps to avoid harm to guests

The legal standard of care in hospitality requires an operator to act as whom?

A reasonably prudent person under similar circumstances

Give an example of bailment in hospitality.

A guest leaving luggage at the front desk for safekeeping

What is the effect of breaching a ‘condition’ in a contract?

The innocent party may terminate (repudiate) the contract.

What purpose does a force majeure clause serve in a hospitality or travel contract?

It excuses performance of contractual obligations due to unforeseen events.

If a guest leaves belongings unattended in a hotel lobby, is the operator automatically liable for loss?

No, the operator is generally not liable because the guest voluntarily left the property unattended.

Are travel agencies liable for trip cancellations caused by force majeure?

No, they are not liable for cancellations due to external factors beyond their control.

What privacy right does every hotel guest possess?

The right to privacy in their rooms (hotel staff may enter only in specified circumstances).

Which section of the Consumer Protection Act 1999 provides the implied guarantee as to title (ownership free from undisclosed encumbrances)?

Section 31

Name one circumstance in which a court will NOT imply a term into a contract.

If the term does not pass the business efficacy and/or officious bystander test.

List the three elements a plaintiff must prove in negligence (other than damages).

Duty of care owed, breach of that duty, and causation

What tort is committed when an activity interferes with the reasonable comfort of a class of people in the vicinity?

Public nuisance

Which of the following is NOT a negligence case involving tour operators: Davey v Cosmos Air Holidays, Wilson v Best Travel, Japp v Virgin Holidays, or Bui Van Tuyen v Overseas Union Enterprise?

Bui Van Tuyen v Overseas Union Enterprise (unrelated)

In standard travel terms, which clause deals with a tourist arriving late and having to accept inferior accommodation?

Refund of unused services

Under which statute is a Malaysian tourist guide licensed?

Tourism Industry Act 1992 (Section 21)

What document is the supreme law of Malaysia?

The Federal Constitution

True or False: The Native Court exists only in Sabah and Sarawak.

True

What is the civil monetary jurisdiction limit of a Magistrates’ Court in Malaysia?

RM 1,000,000 (False statement; actual limit is lower – but students should know exam says RM1,000,000 is false)

Define a bilateral contract.

A contract in which two parties exchange mutual promises.

Is a newspaper advertisement generally an offer or an invitation to treat?

An invitation to treat

Why might an intoxicated person lack capacity to contract?

Because intoxication can impair understanding and assent.

Can a nuisance claim arise solely from physical damage?

No, it can also arise from interference with enjoyment (amenity).

What does a force majeure clause do regarding liability?

Exempts a party from liability for non-performance due to unforeseen events (e.g., natural disasters).

Define a voidable contract.

A valid contract that one party may rescind due to legal reasons such as misrepresentation.

Under what defense might a hotel reduce liability if an injured guest ignored safety instructions?

Contributory negligence

Does strict liability require proof of negligence?

No, liability is imposed without needing to prove negligence.

Which MATTA body handles consumer complaints?

MATTA Members’ Affairs Board (MMAB)

Which court hears personal-injury motor-vehicle cases regardless of amount claimed?

Sessions Court

Differentiate between a ‘term’ and a ‘representation’ in contract formation.

A term forms part of the contract and is enforceable; a representation merely induces entry and is not part of the contract.

Name the three types of misrepresentation.

Innocent, negligent, and fraudulent misrepresentation

What constitutes a breach of contract?

Failure by a party to perform obligations specified in the contract.

What is the key difference between a void and a voidable contract?

Void contracts are invalid from inception; voidable contracts are valid until rescinded by an entitled party.

What is the main distinction between public and private nuisance?

Public nuisance affects a class of the public; private nuisance interferes with an individual’s use or enjoyment of land.

State the rule in Rylands v Fletcher.

A person who brings and keeps on land a dangerous thing likely to do mischief if it escapes is strictly liable for resulting damage.

List the four elements required to establish negligence in tort.

Duty of care, breach of duty, causation, and non-remote damage

Give one practical measure a travel agency can take to reduce negligence claims related to hotel bookings.

Implement thorough vetting and safety audits of hotels before offering them in packages.