Constantine v Imperial Hotels Ltd
Encyclopedia
Constantine v Imperial Hotels Ltd [1944] KB 693 is an English contract law
case, concerning the implied duty of an innkeeper to not refuse accommodation to a guest without just cause.
, a professional cricketer for the West Indies, travelled to London
to play for the Dominions team against an England XI at Lord's. He and his family had a reservation to stay at the Imperial Hotel
in Russell Square
, London
. He was reassured that he and his family were welcomed and would be treated with the utmost respect. When they arrived at the Imperial Hotel they were informed they could stay one night and no more, on account of complaints about their presence made by white United States
military servicemen who were also staying at the hotel. They were treated as outcasts and Constantine was outraged. Constantine claimed the hotel was in breach of contract. Racial discrimination, as such, was not then illegal in Britain, however Constantine claimed that the hotel breached the implied term, deriving from common law principle, that innkeepers must not refuse accommodation to guests without just cause
.
.
Cartoonist David Low drew one of his more famous cartoons attacking the hotel's treatment of Learie Constantine.
English contract law
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
case, concerning the implied duty of an innkeeper to not refuse accommodation to a guest without just cause.
Facts
In 1943 Learie ConstantineLearie Constantine
Learie Nicholas Constantine, Baron Constantine MBE was a West Indian cricketer who played 18 Test matches before the Second World War. He took West Indies' first wicket in Test cricket and was the team's leading all-rounder and opening bowler for the entirety of his career...
, a professional cricketer for the West Indies, travelled to London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
to play for the Dominions team against an England XI at Lord's. He and his family had a reservation to stay at the Imperial Hotel
Imperial Hotel
Imperial Hotel, Ltd. is a company that operates hotels in Japan. Its flagship hotel, the Imperial Hotel, Tokyo , and its headquarters are located in the Chiyoda Ward of Tokyo, near the Imperial Palace, Hibiya Park, and Ginza.The Imperial Hotel group includes five hotels throughout Japan.-List of...
in Russell Square
Russell Square
Russell Square is a large garden square in Bloomsbury, in the London Borough of Camden. It is near the University of London's main buildings and the British Museum. To the north is Woburn Place and to the south-east is Southampton Row...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. He was reassured that he and his family were welcomed and would be treated with the utmost respect. When they arrived at the Imperial Hotel they were informed they could stay one night and no more, on account of complaints about their presence made by white United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
military servicemen who were also staying at the hotel. They were treated as outcasts and Constantine was outraged. Constantine claimed the hotel was in breach of contract. Racial discrimination, as such, was not then illegal in Britain, however Constantine claimed that the hotel breached the implied term, deriving from common law principle, that innkeepers must not refuse accommodation to guests without just cause
Just cause
Just cause or Bare sagen is a common standard in labor arbitration that is used in labor union contracts in the United States as a form of job security.-Use in Labor Union Contracts:...
.
Judgment
Birkett J heard the case and accepted the evidence brought by Constantine and his legal team. He rejected the evidence of the Imperial Hotel that they showed no discrimination based on Constantine’s skin colour. Constantine was awarded a nominal sum of £5 in damages. From then on the proprietor (or his representative(s)) of the hotel must not refuse requests of lodging by any guests if there are free rooms, unless for justifiable causes, for example on his entry the security of the other guests may be threatened.Significance
The ruling did not end the colour bar in some British hotels and other public establishments. Constantine later wrote Colour Bar (1954). The book dealt with racial prejudice in Britain. In 1947 Constantine was made a MBE. Racial discrimination was more fully abolished with the passage of the Race Relations Act 1965Race Relations Act 1965
The Race Relations Act 1965 was the first legislation in the United Kingdom to address racial discrimination.The Act outlawed discrimination on the "grounds of colour, race, or ethnic or national origins" in public places....
.
Cartoonist David Low drew one of his more famous cartoons attacking the hotel's treatment of Learie Constantine.