- Constantine v Imperial Hotels Ltd
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Constantine v Imperial Hotels Ltd 
Citation(s) [1944] KB 693 Case opinions Birkett J Keywords Racial discrimination, innkeeper's duty of hospitality 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.
Contents
Facts
In 1943 Learie Constantine, 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,[1] 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.
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.[2]
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 1965.
Cartoonist David Low drew one of his more famous cartoons attacking the hotel's treatment of Learie Constantine.[3]
See also
- Equality Act 2010
- Invitation to treat
Notes
- ^ "Lord Leary Constantine". 100greatblackbritons.com. http://www.100greatblackbritons.com/bios/lord_leary_constantine.html. Retrieved 2008-01-17.
- ^ Peisker.net
- ^ "Imperial welcome". cartoons.ac.uk. http://www.cartoons.ac.uk/record/LSE3344. Retrieved 2011-01-24.
References
External links
Categories:- United Kingdom labour case law
- English tort case law
- English contract case law
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