Hotel, Restaurant, and Travel Law

, by Cournoyer, Norman G.; Marshall, Anthony G.; Morris, Karen

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

ISBN: 9780766835993 | 0766835995
Cover: Hardcover
Copyright: 8/8/2003

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For professionals in the Travel and Hospitality industry as well as Legal professionals who specialize in this area, this book addresses legal issues confronted by managers in the hotel, restaurant, travel and casino industries. The emphasis is on prevention of legal violations. By reading the book, managers can appreciate and identify what actions and precautions are necessary to avoid, or at least minimize the number of lawsuits. The book uses the case method, long recognized as a helpful approach to learning and debunking the often-complicated discipline of law. The 6th edition has been completely updated with the latest decisions as well as classic cases that remain persuasive today.

Table of Cases

xiv

Preface

xvii

About the Authors

xix

UNIT 1 LEGAL FUNDAMENTALS FOR THE HOSPITALITY INDUSTRY

(126)

Introduction to Contemporary Hospitality Law

(14)

What is Law?

(1)

Principles of Hospitality Law

(1)

Balancing Rights and Duties

(1)

History of Hospitality Law

(1)

Sources of Law

(4)

Constitutional Law

(1)

Statutory Law

(1)

Common Law

(2)

Administrative Law

(1)

Attributes of Law

(2)

The Role of the Judge

(1)

Civil and Criminal Law

(1)

Examples of Civil Law

(1)

Remedies in Civil Cases

(1)

Examples of Crimes

(1)

Penalties and Remedies in Criminal Cases

(1)

How to Read a Case

(2)

Summary

(4)

Legal Procedures: Journey of a Case through the Courts

(20)

The Parties and Proof

(1)

Commencing the Lawsuit

(7)

The Complaint

(4)

The Summons

(1)

Service of Process

(1)

Responses to the Complaint

(2)

Responses to the Answer

(1)

Summary Judgment

(1)

Pretrial Procedure

(1)

Discovery

(1)

Pretrial Conference

(1)

The Trial

(3)

Types of Trials---Jury and Bench

(1)

Jury Selection

(1)

Opening Statements

(1)

The Case-in-Chief

(1)

The Plaintiff's Rebuttal Case

(1)

Summation

(1)

Charging the Jury

(1)

Jury Deliberations

(1)

The Verdict

(1)

The Judgment

(1)

Appeal

(1)

Grounds for Appeal

(1)

Appellate Courts

(1)

Alternative Dispute Resolution

(1)

Interpreting a Case Citation

(1)

Summary

(5)

Civil Rights and Hospitality Businesses

(44)

The Civil Rights Act of 1964

(5)

Scope of the Act

(1)

Lodging for Transients

(1)

Dining Facilities

(1)

Places of Entertainment

(1)

Jurisdiction Through Interstate Commerce

(2)

Relief

(1)

Enforcing the Act

(5)

Establishing Jurisdiction

(1)

Racial Discrimination

(3)

Religious Discrimination

(1)

Broad Enforcement Through the Unitary Rule

(1)

Exempt Establishments

(6)

``Mrs. Murphy's Boarding House''

(1)

Private Clubs

(1)

Assailing ``Private-in Name-Only'' Clubs

(2)

Scrutinizing Admission Policies

(3)

Extending Civil Rights Protection

(15)

State Civil Rights Laws

(1)

The Americans with Disabilities Act

(9)

Language Discrimination

(2)

Age Discrimination

(1)

Gender Discrimination

(2)

Rights of Proprietors

(6)

Permissible to Remove a Disorderly Person

(2)

Reasonable Rules of an Establishment

(1)

Retaliatory Exclusion

(2)

Ejection of Objectionable Persons and Trespass

(1)

Summary

(6)

Contract Law and the Hospitality Industry

(46)

The Elements of a Contract

(11)

Capacity to Contract

(1)

Mutuality: Offer and Acceptance

(1)

Legality

(1)

Consideration

(1)

Illusory Contracts

(2)

Proper Form

(3)

Genuine Assent

(3)

Ambiguous Terms/Trade Usage

(4)

Conditions

(3)

Contracts Formed on the Internet

(1)

Breach of Contract

(5)

Compensatory Damages

(3)

Punitive Damages

101

(1)

Specific Performance

102

(1)

Contracting for a Room

102

(1)

Overbooking and Breach of Reservation Contract

102

(13)

Damages Allowed for Overbooking

102

(5)

Damage to Goodwill

107

(3)

Breach by a Guest

110

(5)

Intentional Interference with Contractual Relations

115

(2)

Catering and Convention Contracts

117

(3)

Summary

120

(7)

UNIT II NEGLIGENCE

127

(112)

Principles of Negligence

129

(50)

Negligence

130

(15)

Elements of a Negligence Case

130

(7)

Summary of the Elements of Negligence

137

(1)

Legal Status of Plaintiff

137

(1)

Duty Owed to Invitees

137

(2)

Duty Owed to Licensees

139

(3)

Duty Owed to Trespassers

142

(1)

Minority Position

143

(1)

No Special Duty Owed to Others

144

(1)

No Duty Owed on Property Not Owned or Maintained by the Hospitality Facility

145

(1)

Negligence Doctrines Generally Favoring the Plaintiff

145

(21)

Res Ipsa Loquitur

145

(3)

Children and the Reasonable Person Test

148

(3)

Attractive Nuisance Doctrine

151

(1)

Negligence Per Se Doctrine

152

(2)

Obligations Beyond Regulation

154

(1)

Strict or Absolute Liability

155

(1)

Strict Products Liability

156

(1)

Respondent Superior

157

(3)

Nondelegable Duties

160

(1)

Duty to Aid a Person in Distress

161

(1)

Duty to Invitees in Danger

161

(5)

Negligence Doctrines Generally Favoring the Defendant

166

(7)

Contributory Negligence and Comparative Negligence

166

(3)

Assumption of Risk

169

(4)

Comparative Negligence and Assumption of Risk

173

(1)

Summary

173

(6)

Negligence and Hospitality Practices

179

(60)

Duty Owed Guests in Hotel Rooms

180

(10)

Cleanliness of Hotel Rooms

180

(1)

Beds, Chairs, and Other Seats

180

(2)

Windows, Window Fixtures, and Screens

182

(1)

Electrical and Heating Hazards

183

(1)

Animals and Insects

183

(3)

Bathroom Appliances and Hot Shower Water

186

(4)

Duty Owed Guests and Others in Public Areas

190

(8)

Lobby

190

(1)

Elevators

190

(2)

Doors

192

(3)

Hallways

195

(1)

Stairways, Steps, and Their Coverings

195

(3)

Duty Owed Guests in Restaurants and Dining Rooms

198

(10)

Slippery Floors

198

(1)

Foreign Substances on the Floor

199

(2)

Importance of Enforcing a Policy of Frequent Floor Cleaning

201

(3)

Hanging Mirrors in Dining Rooms

204

(1)

Ceilings

204

(1)

Menu Boards on Ledges

205

(1)

Hanging Televisions

205

(1)

Serving Flambe Foods

205

(2)

Serving Hot Liquids

207

(1)

Duty Owed Guests Outside

208

(6)

Outside Door Service

209

(1)

Grounds

209

(3)

Outdoor Sporting Facilities

212

(1)

Outdoor Lighting Requirements

212

(2)

Duty Owed Guests in Swimming Areas

214

(7)

Exercise Reasonable Care

214

(2)

Remove Hazards

216

(1)

Comply with Statutory Requirements

216

(1)

Safety Equipment

217

(1)

Control Boisterous Conduct of Guests

217

(1)

Inspect for Glass in Pool Area

218

(1)

Waterfront Properties

218

(2)

Restrict Use or Warn of Hazards in the Water

220

(1)

Inspect Lake Bottoms for Hazards

220

(1)

Special Duties

221

(2)

Injuries Caused by Fire

221

(2)

Security

223

(5)

Medical Care

228

(2)

Summary

230

(9)

UNIT III RELATIONSHIPS WITH GUESTS AND OTHER PATRONS

239

(116)

Guests and Other Patrons

241

(14)

Who Qualifies as a Guest?

242

(1)

Intent of Parties

243

(5)

Registration

243

(2)

Delivery of Property

245

(3)

Checking Out

248

(1)

Guests' Illegal Acts

248

(1)

Termination of a Guest-Innkeeper Relationship

249

(1)

Landlord-Tenant Relationship

249

(2)

Summary

251

(4)

Protecting Patrons' Property

255

(44)

Risks to Property in the Hotel

256

(2)

Hotel Theft

256

(1)

Keycards and Keys

256

(1)

Guests' Insurance Does Not Protect Hotels

257

(1)

Absolute Liability for Guests' Goods

257

(1)

Exceptions to the Absolute Liability Rule

257

(1)

Prima Facie Liability Rule---Minority View

257

(1)

Limited Liability---Modern Limitations to the Absolute Liability Rule

258

(6)

Providing a Safe

259

(2)

Posting Notice of Availability of Safe

261

(1)

Posting Notice of Hotel's Limited Liability

262

(1)

What Property Belongs in the Safe?

263

(1)

Theft During Check-Out

264

(1)

Hotel Guest in Hotel Restaurant

264

(1)

Door Locks and Window Fastenings

264

(1)

Clothes and Other Personal Property

264

(3)

Checkrooms

265

(1)

Baggage Room

265

(1)

Merchandise Samples

265

(2)

Property in Transit

267

(1)

Property Not Covered by Limiting Liability Statutes

267

(1)

Fire

267

(1)

Estoppel: Loss of Limited Liability

267

(3)

Implying Greater Liability

268

(1)

Misrepresenting Risk

268

(2)

Hotel's Negligence

270

(2)

Comparative Negligence

272

(1)

Nevada's Limiting Statute

272

(1)

Liability During Check-In and Check-Out

272

(3)

Guest Status

272

(1)

Liability after Check-Out

273

(2)

Bailment

275

(17)

Effect of Bailment on Liability

276

(2)

Bailment for the Sole Benefit of the Bailor

278

(1)

Bailment for the Sole Benefit of the Bailee

278

(1)

Mutual-Benefit Bailment

278

(2)

Proof of Negligence in Bailment Cases

280

(4)

Items Inside Bailed Property

284

(1)

Rules Particular to Bailment of Cars

285

(2)

Liability for a Patron's Property in a Restaurant, Bar, or Cloakroom

287

(2)

Checkrooms

289

(2)

Concessionaires

291

(1)

Summary

292

(7)

Rights of Innkeepers

299

(32)

Right to Exclude Nonguests

300

(2)

Refusing a Guest Lodging

302

(2)

The Consequences of Wrongful Refusal

303

(1)

Age

303

(1)

Selecting Accommodations for a Guest

304

(1)

Changing a Guest's Accommodations

305

(1)

Entering a Guest's Room

305

(1)

Evicting a Guest

306

(10)

Failure to Pay the Hotel Bill

306

(1)

Overstaying

306

(1)

Persons of Ill Repute

307

(2)

Intoxication and Disorderly Conduct

309

(1)

Disorderly Conduct

309

(1)

Contagiously Ill Guests

309

(1)

Breaking House Rules

310

(2)

Persons Without Baggage

312

(1)

Business Competitors

312

(1)

The Process of Eviction

313

(3)

Evicting a Hotel Tenant

316

(1)

Refusing a Diner

316

(2)

Statutory Protection for the Hotelkeeper

318

(7)

The Innkeeper's Lien

319

(1)

Defrauding the Hotelkeeper or Restaurateur

320

(3)

Fraudulent Payment

323

(1)

False Arrest

324

(1)

Summary

325

(6)

Guest's Rights

331

(24)

Right to Occupy Assigned Room

332

(1)

Right to Privacy in Guest Room

332

(4)

Protection Against Illegal Searches

336

(7)

Report by Innkeeper of Illegal Activity

336

(1)

Search Warrant

337

(1)

Consent to Search

338

(1)

Effect of Termination of Occupancy on Privacy Rights

338

(1)

Disturbing the Peace

339

(1)

Emergency Situation

340

(1)

Room Registered to Another

341

(1)

Search of Items Mislaid by Guests

341

(2)

Unclaimed Lost Property

343

(1)

Protection Against Insults

343

(1)

Protection Against False Arrest

344

(1)

Protection Against Credit Card Fraud

345

(1)

Rights Concerning Rates and Fees

346

(2)

Right to Advance Notice

346

(1)

Right to No Extraneous Fees

346

(1)

Telephone Charges

347

(1)

Proper Handling of Mail and Packages

348

(3)

Summary

351

(4)

UNIT IV SPECIAL TOPICS

355

(252)

Liability and the Sale of Food

357

(34)

Adulterated Food

358

(14)

Warranty of Merchantability

358

(1)

Merchantable Food

358

(1)

Objects in Food

358

(4)

Trend Toward the Reasonable Expectations Test

362

(2)

Other Grounds for Breach of Warranty of Merchantability

364

(1)

Class Action

364

(1)

Hot Beverages

365

(1)

Foodborne Illnesses

366

(1)

Proof Problems Establishing Causation

367

(2)

Privity of Contract

369

(1)

Strict Products Liability

370

(1)

Negligence

371

(1)

Choice of Action

371

(1)

Customers with Allergies

371

(1)

False Food Claims

372

(5)

Truth-in-Menu Laws

373

(1)

Food Labeling

374

(1)

Kosher Foods

375

(1)

Relationships Between Fast-Food Operations and Hotels

376

(1)

Smoking Restrictions

377

(1)

Safety Concerns Particular to Food Preparation

378

(1)

Food Preparation

378

(1)

Risks Associated with Donated Foods

379

(1)

Liability for Injuries to Patrons

379

(7)

Failure to Eject Quarrelsome Patron

379

(3)

Sudden, Unforseeable Attack

382

(1)

Failure to Provide Adequate Security

383

(2)

No Duty to Comply with Demands of Robber

385

(1)

Summary

386

(5)

Liability and the Sale of Alcohol

391

(22)

Alcoholic Beverages and the Hospitality Industry

392

(4)

License to Sell Liquor

392

(1)

Illegal Sales

392

(1)

Sales to Underage Patrons

393

(1)

Sales to People Who Are Visibly Intoxicated

394

(1)

Proving Visible Intoxication

395

(1)

Sales to Known Habitual Drunkards

396

(1)

Proof of Visible Intoxication

396

(1)

Alcohol Vendors' Liability under Common Law

396

(1)

Alcohol Vendors' Liability Greatly Increases under Dram Shop Act

397

(5)

Alcohol Vendor's Liability to the Patron

398

(1)

Alcohol Vendor's Liability to Third Parties

399

(1)

Alcohol Vendor's Liability to Passengers in Patron's Car

400

(1)

Two Licensees Serving One Patron

401

(1)

Apportionment of Liability Where Plaintiff Is Negligent

402

(1)

States Without Dram Shop Acts

402

(1)

Liquor Liability Insurance

402

(1)

Emerging Liability

402

(1)

Strategies to Avoid Liability

403

(1)

Alcohol Sales in Hotel Guest Rooms

404

(1)

Miscellaneous Liquor Regulations

404

(2)

Age of Alcohol Servers

405

(1)

Restrictions on Alcohol Sales on Sunday

405

(1)

Warnings to Pregnant Women

405

(1)

Prohibition of Illegal Gambling

405

(1)

Prohibition of Disorderly Conduct

405

(1)

Maintenance of Prescribed Records

405

(1)

Restrictions on the Type of Alcohol Sold

405

(1)

Limitations on Sales Promotions

406

(1)

Prohibition on Celebrity Endorsements

406

(1)

Proximity to School or Church

406

(1)

Sexually Explicit Entertainment

406

(1)

Summary

407

(6)

Travel Agents and Airlines---Rights and Liabilities

413

(56)

The Makeup of the Travel Industry

414

(3)

Agency Law

414

(2)

Tariffs

416

(1)

Remedies for Small Damages

417

(1)

Small Claims Court

417

(1)

Class Action Suits

417

(1)

The Rights of the Traveler

418

(15)

Baggage Claims---Domestic and International

418

(7)

Airplane Security

425

(1)

Traveling with Animals

426

(1)

Personal Injury on Board International Flights

427

(1)

Refunds on Tickets

427

(1)

E-Tickets

428

(1)

Rights of Handicapped Travelers

429

(3)

Travel Insurance

432

(1)

Special Rights of Airlines

433

(2)

Right of Airlines to Cancel Scheduled Flights

433

(2)

Rights of Airline Captains

435

(3)

Overbooking

438

(4)

Rights of Would-Be Passengers

438

(1)

Priority Rules for Seating

439

(2)

Punitive Damages for Overbooking

441

(1)

Overbooking on International Flights

441

(1)

Punitive Damages on International Flights

442

(1)

Additional Legal Issues Involving Airlines

442

(1)

Lack of Documentation for International Travel

442

(1)

Wrong Destination

443

(1)

Liability for Negligence

443

(1)

Liabilities of Travel Agents and Charter Tour Companies

443

(14)

Liability for Own Actions

444

(2)

Duty to Investigate Third-Party Suppliers

446

(2)

Recommend Travel Insurance

448

(3)

Liability for Breach of Contract by Third-Party Service Suppliers

451

(3)

No Liability for Third-Party Suppliers' Negligence

454

(2)

Disclaimers by the Travel Agent

456

(1)

Errors and Omissions Insurance for Travel Agents

456

(1)

Credit Card Fraud

457

(1)

Rental Cars

457

(6)

Overbooking

457

(1)

Accidents in Rental Cars

458

(2)

Rental of a Car Known to Be Defective

460

(1)

Unauthorized Drivers

460

(2)

Age Discrimination with Car Rentals

462

(1)

Summary

463

(6)

Employment

469

(60)

Fair Labor Standards Act

470

(7)

Minimum Wage

470

(2)

Overtime Pay

472

(1)

Time Worked

473

(1)

Equal Pay for Equal Work

474

(1)

Comparable Worth

474

(1)

Retaliatory Discharge

475

(1)

Restrictions on Child Labor

475

(1)

Enforcement of the FLSA

476

(1)

Family and Medical Leave Act

476

(1)

At-Will Employment

476

(1)

Illegal Job Discrimination

477

(33)

Title VII of The Civil Rights Act of 1964

477

(1)

Filing a Complaint

478

(1)

Remedies

479

(1)

Defense of Bona Fide Occupational Qualification

480

(1)

Defense of Business Necessity

480

(1)

Prohibited and Permitted Interview Questions

481

(1)

Race

482

(4)

National Origin

486

(3)

National Origin and Accent Discrimination

489

(1)

Religion

489

(2)

Gender

491

(2)

Gender-Differentiated Grooming Standards

493

(1)

Sexual Harassment

493

(7)

Pregnancy

500

(2)

Age

502

(2)

Retaliatory Discharge

504

(1)

Mixed Types of Discrimination

504

(4)

The Civil Rights Act of 1991

508

(2)

Americans with Disabilities Act

510

(5)

Essential Functions

510

(1)

Reasonable Accommodation

511

(1)

Undue Hardship

511

(1)

Preference Not Required

512

(1)

ADA Impacts on Application Process

512

(1)

Drugs and Illnesses

513

(1)

Past Disabilities and Caregivers

513

(1)

Pursuing an ADA Case

513

(1)

Inability to Perform Essential Elements

514

(1)

Mandatory Verification of Employment Status

515

(3)

Immigration Reform and Control Act

515

(3)

Resume Fraud

518

(1)

Occupational Safety and Health Administration

519

(1)

Unions

519

(2)

Summary

521

(8)

Regulation and Licensing

529

(50)

Regulation of the Marketplace

530

(21)

Trademarks and Service Marks

530

(9)

Copyrights Basics

539

(1)

Illegal Satellite Reception

539

(2)

Music Performances

541

(4)

Artwork

545

(1)

Antitrust Problems

545

(6)

Franchising

551

(6)

Nature of the Franchise Relationship

551

(1)

Benefits to the Franchisee

551

(1)

Benefits to the Franchisor

552

(1)

Fraud and Breach of Contract by the Franchisor

552

(1)

Tying Arrangements in Franchises as an Antitrust Issue

553

(3)

Termination of a Franchise

556

(1)

Regulation of Hotel and Restaurant Internal Affairs

557

(3)

Guest Register

557

(1)

Rates

558

(1)

Mandatory Recycling

559

(1)

Licensing and Zoning

560

(12)

Licensing

560

(1)

Principles for Granting Licenses and Permits

560

(5)

License Fees

565

(1)

Consequences of Operating Without a License

566

(1)

Revocation or Suspension of a License

567

(2)

Zoning

569

(3)

Summary

572

(7)

The Developing Law of Casinos

579

(28)

A Short History of Gambling

580

(1)

Gambling Today

581

(1)

Gaming Issues

581

(3)

Resolution of Gaming Issues

581

(1)

Casino Owes No Duty to Inform Patrons of Laws Relevant to Gambling

582

(1)

Exclusion of Card Counters Permissible

582

(1)

Slot Machines

583

(1)

Contracts and Gambling Debts

584

(1)

Compulsive Gamblers

584

(1)

Torts Involving Casinos

585

(8)

Negligence

585

(3)

Criminal Activity at Casinos

588

(2)

False Imprisonment

590

(1)

Trademark Infringement

590

(2)

592

(1)

Sexual Harassment Occurring at Casinos

593

(2)

Casinos and the Dram Shop Act

595

(1)

Riverboat Casinos and the Jones Act

596

(2)

The Jones Act

597

(1)

Casinos on Native American Reservations

598

(3)

Sovereign Authority

598

(1)

Lawsuits Against Native American Tribes

598

(1)

Lawsuits Against Casino Employees

599

(1)

Indian Gaming Regulatory Act

600

(1)

Internet Gambling

601

(1)

Summary

602

(5)

Appendix A

607

(2)

Appendix B

609

(2)

Appendix C

611

(9)

Appendix D

620

(3)

Appendix E

623

(2)

Appendix F

625

(2)

Glossary

627

(12)

Index

639

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Hotel, Restaurant, and Travel Law

Summary

Table of Contents

Supplemental Materials