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· 10/1/2007

Hofer v. Gap, Inc.

Citations

  • 516 F. Supp. 2d 161
  • 2007 WL 2827380

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff was bound by Expedia's terms and conditions because plaintiff's friend booked plaintiff's travel arrangements on Expedia's website
  • concluding that the plaintiff was bound to Expedia’s terms and conditions under agency principles by giving her friend permission to book her travel plans on the website
  • finding that a plaintiff failed to provide sufficient facts that Expedia, a travel website, had a duty to warn plaintiff concerning hazardous conditions at a third-party hotel
  • finding online travel agents are generally not liable for the negligence or dangerous conditions of third-party hotel or travel operators
  • “It is well-established that travel agents are not generally liable for the negligence or dangerous conditions of third-party hotel or travel operators.”
  • “Res ipsa loquitur ... is not a separate cause of action that must be specifically set out in the pleadings, but rather a means by which a jury may infer negligence through the occurrence of an unusual event.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Saylor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.