Hotel, Restaurant, and Travel Law

ISBN-10: 1418051918
ISBN-13: 9781418051914
Edition: 7th 2008 (Revised)
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Description: For students and practicing professionals in hospitality, travel and tourism as well as specialized paralegal work, Hotel, Restaurant and Travel Law: A Preventative Approach, 7th Edition, addresses legal issues confronted by managers in the hotel,  More...

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Book details

List price: $250.95
Edition: 7th
Copyright year: 2008
Publisher: Delmar Cengage Learning
Publication date: 6/27/2007
Binding: Hardcover
Pages: 720
Size: 7.75" wide x 9.75" long x 1.50" tall
Weight: 3.784
Language: English

For students and practicing professionals in hospitality, travel and tourism as well as specialized paralegal work, Hotel, Restaurant and Travel Law: A Preventative Approach, 7th Edition, 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 the often-complicated discipline of law. Readers will study decisions from actual cases in which hospitality establishments were sued, as well as what legal precedents were cited.

Karen L. Morris is a lawyer, judge, and professor of Law at Monroe Community College, in Rochester, New York where she teaches courses including Hospitality Law, Business Law, Constitutional Law, Criminal Law, and Law 101. As a town judge, she presides over criminal and civil cases, including lawsuits brought by and against hotels and restaurants. She has published an instructional software program and a case study book, as well as articles in various publications on topics of interest to the hospitality industry. Dr. Morris is the legal advisor to the New York State Restaurant Association, Rochester Chapter, and a past president of the Greater Rochester Association for Women Attorneys. She also has served as president of Alternatives for Battered Women, Inc., an organization that operates a shelter and administers support services. Her favorite volunteer activity is being a Big Sister in the Big Brother program. Before becoming a professor, Dr. Morris was in-house counsel for a corporation that operates department stores throughout the United States, and thereafter a criminal prosecutor. She has a Juris Doctor degree from St. John's University and a Masters of Law (LL.M.) in Trade Regulations from New York University.

Anthony G. Marshall, Dean of the School of Hospitality Management at Florida Internation University in Miami, Florida, is a nationally recognized expert in Risk Management and Hospitality Law. He is well known by members of the hospitality industry through his speaking engagements and journal publications. Dr. Marshall serves as a board member of the Commission Scolaire of the Centre International de Glion, Switzerland: a board member of the Greater Miami Convention & Visitors Bureau and vice chair of the Board of Trustees of the Educational Institute of the American Hotel and Motel Association. He is the recipient of the American Hotel and Motel Association's "Lamp of Knowledge" award. Dr. Marshall authors the column "At Your Risk" (21 issues per year in Hotel and Motel Management magazine. He is publisher and editorial board member of the Florida International University Hospitality Review, and a member of the editorial board of the International Journal of Hospitality Management. He earned a Juris Doctorate from the College of Law at Syracuse University and a Bachelor of science in Hotel Administration from University of New Hampshire. Dr. Marshall resides on Key Biscane Florida.

Table of Cases
Preface
About the Authors
Legal Fundamentals for the Hospitality Industry
Introduction to Contemporary Hospitality Law
Introduction
What is Law?
Principles of Hospitality Law
Balancing Rights and Duties
History of Hospitality Law
Sources of Law
Constitutional Law
Statutory Law
Common Law
Administrative Law
Attributes of Law
The Role of the Judge
Civil and Criminal Law
Examples of Civil Law
Remedies in Civil Cases
Examples of Crimes
Penalties and Remedies in Criminal Cases
How to Read a Case
Summary
Legal Procedures: Journey of a Case through the Courts
Introduction
The Parties and Proof
Commencing the Lawsuit
The Complaint
The Summons
Service of Process
Responses to the Complaint
Responses to the Answer
Summary Judgment
Pretrial Procedure
Discovery
Pretrial Conference
The Trial
Types of Trials-Jury and Bench
Jury Selection
Opening Statements
The Case-in-Chief
The Plaintiff's Rebuttal Case
Summation
Charging the Jury
Jury Deliberations
The Verdict
The Judgment
Appeal
Grounds for Appeal
Appellate Courts
Alternative Dispute Resolution
Interpreting a Case Citation
Summary
Civil Rights and Hospitality Businesses
Introduction
The Civil Rights Act of 1964
Scope of the Civil Rights Act of 1964
Lodging for Transients
Dining Facilities
Places of Entertainment
Jurisdiction through Interstate Commerce
Relief
Enforcing the Act
Establishing Jurisdiction
Racial Discrimination
Language Discrimination
Religious Discrimination
Broad Enforcement through the Unitary Rule
Exempt Establishments
"Mrs. Murphy's Boarding House"
Private Clubs
Assailing "Private-in Name-Only" Clubs
Scrutinizing Admission Policies
Extending Civil Rights Protection
State Civil Rights Laws
The Americans with Disabilities Act
Age Discrimination
Gender Discrimination
Rights of Proprietors
Permissible to Remove a Disorderly Person
Reasonable Rules of an Establishment
Retaliatory Exclusion
Ejection of Objectionable Persons and Trespass
Summary
Contract Law and the Hospitality Industry
Introduction
The Elements of a Contract
Capacity to Contract
Mutuality: Offer and Acceptance
Legality
Consideration
Illusory Contracts (Written, Oral)
Proper Form
Genuine Assent
Ambiguous Terms/Trade Usage
Conditions
Contracts Formed on the Internet
Breach of Contract
Compensatory Damages
Punitive Damages
Specific Performance
Contracting for a Room
Overbooking and Breach of Reservation Contract
Damages Allowed for Overbooking
Damage to Goodwill
Breach by a Guest
Intentional Interference with Contractual Relations
Catering and Convention Contracts
Summary
Negligence
Principles of Negligence
Introduction
Negligence
Elements of a Negligence Case
Reasonable Person Standard
Summary of the Elements of Negligence
Legal Status of Plaintiff
Duty Owed to Invitees
Open and Obvious Exception
Duty Owed to Licensees
Duty Owed to Trespassers
Minority Position
No Special Duty Owed to Others
No Duty Owed on Property Not Owned or Maintained by the Hospitality Facility
Negligence Doctrines Generally Favoring the Plaintiff
Res Ipsa Loquitur
Children and the Reasonable Person Test
Attractive Nuisance Doctrine
Negligence Per Se Doctrine
Obligations beyond Regulation
Strict or Absolute Liability
Strict Products Liability
Respondeat Superior
Nondelegable Duties
Duty to Aid a Person in Distress
Duty of Business Owners to Aid Invitees in Danger
Negligence Doctrines Generally Favoring the Defendant
Contributory Negligence and Comparative Negligence
Assumption of Risk
Comparative Negligence and Assumption of Risk
Summary
Negligence and Hospitality Practices
Introduction
Duty Owed Guests in Hotel Rooms
Cleanliness of Hotel Rooms
Beds, Chairs, and Other Seats
Windows, Window Fixtures, and Screens
Electrical and Heating Hazards
Animals and Insects
Bathroom Appliances and Hot Shower Water
Duty Owed Guests and Others in Public Areas
Lobby
Elevators
Doors
Hallways
Stairways, Steps, and Their Coverings
Duty Owed Guests in Restaurants and Dining Rooms
Slippery Floors
Foreign Substances on the Floor
Constructive Notice
Importance of Enforcing a Policy of Frequent Floor Cleaning
Hanging Mirrors in Dining Rooms
Ceilings
Menu Boards on Ledges
Hanging Televisions
Serving Flambe Foods
Serving Hot Liquids
Duty Owed Guests Outside
Outside Door Service
Grounds
Outdoor Sporting Facilities
Outdoor Lighting Requirements
Duties Owed to Guests in Swimming Areas
Exercise Reasonable Care
Remove Hazards
Comply with Statutory Requirements
Maintain Safety Equipment
Control Boisterous Conduct of Guests
Inspect for Glass in Pool Area
Oceanfront Properties
Restrict Use or Warn of Hazards in the Water
Inspect Lake Bottoms for Hazards
Special Duties
Injuries Caused by Fire
Security
Medical Care
Summary
Relationships with Guests and Other Patrons
Guests and Other Patrons
Introduction
Who Qualifies as a Guest?
Intent of Parties
Registration
Delivery of Property
Checking Out
Guests' Illegal Acts
Termination of a Guest-Innkeeper Relationship
Landlord-Tenant Relationship
Summary
Protecting Patrons' Property
Introduction
Risks to Property in the Hotel
Hotel Theft
Keycards and Keys
Guests' Insurance
Absolute Liability for Guests' Goods
Exceptions to the Absolute Liability Rule
Prima Facie Liability Rule-Minority View
Limited Liability-Modern Limitations on the Absolute Liability Rule
Providing a Safe
Posting Notice of Availability of Safe
Posting Notice of Hotel's Limited Liability
What Property Belongs in the Safe?
Theft during Check-Out
Hotel Guest in Hotel Restaurant
Door Locks and Window Fastenings
Clothes and Other Personal Property
Checkrooms
Baggage Room
Merchandise Samples
Property in Transit
Property Not Covered by Limiting Liability Statutes
Fire
Estoppel: Loss of Limited Liability
Implying Greater Liability
Misrepresenting Risk
Hotel's Negligence
Comparative Negligence
Nevada's Limiting Statute
Liability during Check-In and Check-Out
Guest Status
Liability at Check-in
Liability after Check-Out
Bailment
Effect of Bailment on Liability
Bailment for the Sole Benefit of the Bailor
Bailment for the Sole Benefit of the Bailee
Mutual-Benefit Bailment
Proof of Negligence in Bailment Cases
Items inside Bailed Property
Rules Particular to Bailment of Cars
Liability for a Patron's Property in a Restaurant, Bar, or Cloakroom
Checkrooms
Concessionaires
Summary
Rights of Innkeepers
Introduction
Right to Exclude Nonguests
Refusing Lodging to a Would-be Guest
The Consequences of Wrongful Refusal
Age
Selecting Accommodations for a Guest
Changing a Guest's Accommodations
Entering a Guest's Room
Evicting a Guest
Failure to Pay the Hotel Bill
Overstaying
Persons of Ill Repute
Intoxication and Disorderly Conduct
Disorderly Conduct
Contagiously Ill Guests
Breaking House Rules
Persons without Baggage
Business Competitors
The Process of Eviction
Evicting a Hotel Tenant
Refusing a Diner
Statutory Protection for the Hotelkeeper
The Innkeeper's Lien
Defrauding the Hotelkeeper or Restaurateur
Fraudulent Payment
False Arrest
Summary
Guests' Rights
Introduction
Right to Occupy Assigned Room
Right to Privacy in Guest Room
Protection against Illegal Searches
Report by Innkeeper of Illegal Activity
Search Warrant
Warrant Exception-Consent to Search
Effect of Termination of Occupancy on Privacy Rights
Warrant Exception-Disturbing the Peace
Emergency Situation
Room Registered to Another
Search of Items Mislaid by Guests
Unclaimed Lost Property
Protection against Insults
Protection against False Arrest
Protection against Credit Card Fraud
Rights Concerning Rates and Fees
Right to Advance Notice
Right to No Extraneous Fees
Telephone Charges
Proper Handling of Mail, Packages and Facsimile Correspondence
Summary
Special Topics
Liability and the Sale of Food
Introduction
Adulterated Food
Warranty of Merchantability
Merchantable Food
Objects in Food
Trend toward the Reasonable Expectation Test
Raw Shellfish
Other Grounds for Breach of Warranty of Merchantability
Class Action
Hot Beverages
Foodborne Illnesses
Proof Problems Establishing Causation
Privity of Contract
Strict Products Liability
Statutory Violations
Negligence
Choice of Action
Customers with Allergies
False Food Claims
Truth-in-Menu Laws
Obesity and Accuracy in Advertising
Trans Fats
Food Labeling
Kosher Foods
Relationships between Fast-Food Operations and Hotels
Smoking Restrictions
Safety Concerns Particular to Food Preparation
Food Preparation
Risks Associated with Donated Foods
Summary
Liability and the Sale of Alcohol
Introduction
Alcoholic Beverages and the Hospitality Industry
License to Sell Liquor
Illegal Sales
Sales to Underage Patrons
Sales to People Who Are Visibly Intoxicated
Proving Visible Intoxication
Sales to Known Habitual Drunkards
Alcohol Vendors' Liability under Common Law
Alcohol Vendors' Liability Greatly Increases under Dram Shop Acts
Alcohol Vendor's Liability to the Patron
Alcohol Vendor's Liability to Third Parties
Alcohol Vendor's Liability to Passengers in Patron's Car
Two Licensees Serving One Patron
Apportionment of Liability among Defendants
Apportionment of Liability Where Plaintiff Is Negligent
States without Dram Shop Acts
Liquor Liability Insurance
Dram Shop Liability on Some Employers for Office Parties
Strategies to Avoid Liability
Alcohol Sales in Hotel Guest Rooms
Miscellaneous Liquor Regulations
Age of Alcohol Servers
Restrictions on Alcohol Sales on Sunday
Warnings to Pregnant Women
Prohibition of Illegal Gambling
Prohibition of Disorderly Conduct
Maintenance of Prescribed Records
Restrictions on the Type of Alcohol Sold
Limitations on Sales Promotions
Prohibition on Celebrity Endorsements
Proximity to School or Church
Alcohol-Free Teen Events
Sexually Explicit Entertainment
Summary
Travel Agents and Airlines-Rights and Liabilities
Introduction
The Makeup of the Travel Industry
Agency Law
Tariffs
Remedies for Small Damages
Small Claims Court
Class Action Suits
The Rights of the Traveler
Baggage Claims-Domestic and International
Airplane Security
Regulation Forbids Interference with Screening Process
Traveling with Animals
Personal Injury On-Board International Flights
Refunds on Tickets
E-Tickets
Rights of Travelers with Disabilities
Travel Insurance
Special Rights of Airlines
Right of Airlines to Cancel Scheduled Flights
Rights of Airline Captains
Overbooking
Rights of Would-be Passengers
Priority Rules for Seating
Punitive Damages for Overbooking
Overbooking on International Flights
Proposed Air Traveller's Bill of Rights
Punitive Damages on International Flights
Additional Legal Issues Involving Airlines
Lack of Documentation for International Travel
Liability for Negligence
Liabilities of Travel Agents and Charter Tour Companies
Liability for Own Actions
Duty to Investigate Third-Party Suppliers
Recommending Travel Insurance
Liability for Breach of Contract by Third-Party Service Suppliers
No Liability for Third-Party Suppliers' Negligence
Disclaimers by the Travel Agent
Errors and Omissions Insurance for Travel Agents
Credit Card Fraud
Rental Cars
Overbooking
Accidents in Rental Cars
Rental of a Car Known to Be Defective
Unauthorized Drivers
Age Discrimination with Car Rentals
Summary
Employment
Introduction
Fair Labor Standards Act
Minimum Wage
Overtime Pay
Time Worked
Split and Partial Shifts
Equal Pay for Equal Work
Retaliatory Discharge
Restrictions on Child Labor - Hours
Restrictions on Child Labor - Tasks
Enforcement of the FLSA
Family and Medical Leave Act
At-Will Employment
Illegal Job Discrimination
Title VII of the Civil Rights Act of 1964
Filing a Complaint
Remedies
Defense of Bona Fide Occupational Qualification
Defense of Business Necessity
Prohibited and Permitted Interview Questions
Race
Reverse Discrimination
National Origin
National Origin and Accent Discrimination
Religion
Reasonable Accommodations
Hostile Work Environment
Gender
Gender-Differentiated Grooming Standards
Sexual Harassment
Pregnancy
Age
Retaliatory Discharge
Mixed Types of Discrimination
Americans with Disabilities Act
Essential Functions
Reasonable Accommodation
Undue Hardship
Preference Not Required
ADA Impacts on Application Process
Drugs and Illnesses
Past Disabilities and Caregivers
Pursuing an ADA Case
Inability to Perform Essential Elements
Mandatory Verification of Employment Status
Immigration Reform and Control Act
Resume Fraud
Occupational Safety and Health Administration
Unions
National Labor Relations Act
National Labor Relations Board
Emerging Issues in Employment Law
Negligent Hiring
Employee Blogging
Handling Employee Personal Data
Summary
Regulation and Licensing
Introduction
Regulation of the Marketplace
Trademarks and Service Marks
Copyrights Basics
Illegal Satellite Reception
Music Performances
Artwork
Antitrust Problems
Franchising
Nature of the Franchise Relationship
Benefits to the Franchisee
Benefits to the Franchisor
Fraud and Breach of Contract by the Franchisor
Tying Arrangements in Franchises as an Antitrust Issue
Termination of a Franchise
Regulation of Hotel and Restaurant Internal Affairs
Guest Register
Rates
Mandatory Recycling
Licensing and Zoning
Licensing
Principles for Granting Licenses and Permits
License Fees
Consequences of Operating without a License
Revocation or Suspension of a License
Zoning
Variance
Summary
Specialized Destinations-Casinos, Theme Parks, Spas, and Condominium Hotels
Introduction
A Short History of Gambling
Gambling Today
Gaming Issues
Resolution of Gaming Issues
Casino Owes No Duty to Inform Patrons of Laws Relevant to Gambling
Exclusion of Card Counters Permissible
Slot Machines
Contracts and Gambling Debts
Compulsive/Problem Gamblers
Torts Involving Casinos
Negligence
Strict Liability
Criminal Activity at Casinos
False Imprisonment
Trademark Infringement
Copyright Infringement
Casinos and Dram Shop Act
Riverboat Casinos and the Jones Act
The Jones Act
Casinos on Native American Reservations
Sovereign Authority
Lawsuits against Native American Tribes
Lawsuits against Casino Employees
Indian Gaming Regulatory Act
Internet Gambling
Theme Parks
Introduction
Crowd Control
Amusement Rides
Other Attractions
Admission Discounts
Season Passes
Hotel Spas
Licensing
Sanitation and Nails
Wet and Slippery Floors
Effect of Liability Waivers
Property Stolen from Lockers
Massages
Tanning Booths
Condominium Hotels
Common Areas
Amenities
Unit Rentals
Advantages
Contracts
Future
Summary
Limiting Liability Statutes
Guidelines on Discrimination Based on Gender
The Americans with Disabilities Act
Immigration Reform and Control Act
Family and Medical Leave Act
Minimum Wage Law in the United States
The Cardiac Arrest Survival Act 42 U.S.C 238p&q
Foods Containing Artificial Trans Fat
Glossary
Index

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