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