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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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What is Law? | |
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Principles of Hospitality Law | |
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Sources of Law | |
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Attributes of Law | |
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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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The Parties and Proof | |
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Commencing the Lawsuit | |
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Pretrial Procedure | |
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The Trial | |
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Appeal | |
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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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The Civil Rights Act of 1964 | |
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Enforcing the Act | |
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Exempt Establishments | |
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Extending Civil Rights Protection | |
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Rights of Proprietors | |
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Summary | |
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Contract Law and the Hospitality Industry | |
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The Elements of a Contract | |
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Ambiguous Terms/Trade Usage | |
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Contracts Formed on the Internet | |
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Breach of Contract | |
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Contracting for a Room | |
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Overbooking and Breach of Reservation Contract | |
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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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Negligence | |
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Negligence Doctrines Generally Favoring the Plaintiff | |
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Negligence Doctrines Generally Favoring the Defendant | |
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Summary | |
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Negligence and Hospitality Practices | |
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Duty Owed Guests in Hotel Rooms | |
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Duty Owed Guests and Others in Public Areas | |
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Duty Owed Guests in Restaurants and Dining Rooms | |
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Duty Owed Guests Outside | |
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Duty Owed Guests in Swimming Areas | |
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Special Duties | |
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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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Who Qualifies as a Guest? | |
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Intent of Parties | |
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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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Risks to Property in the Hotel | |
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Limited Liability--Modern Limitations to the Absolute Liability Rule | |
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Clothes and Other Personal Property | |
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Fire | |
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Estoppel: Loss of Limited Liability | |
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Hotel's Negligence | |
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Liability During Check-In and Check-Out | |
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Bailment | |
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Summary | |
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Rights of Innkeepers | |
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Right to Exclude Nonguests | |
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Refusing a Guest Lodging | |
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Selecting Accommodations for a Guest | |
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Changing a Guest's Accommodations | |
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Evicting a Guest | |
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Refusing a Diner | |
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Statutory Protection for the Hotelkeeper | |
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Summary | |
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Guest's Rights | |
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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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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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Proper Handling of Mail and Packages | |
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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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Adulterated Food | |
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False Food Claims | |
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Smoking Restrictions | |
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Safety Concerns Particular to Food Preparation | |
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Liability for Injuries to Patrons | |
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Summary | |
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Liability and the Sale of Alcohol | |
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Alcoholic Beverages and the Hospitality Industry | |
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Alcohol Vendors' Liability under Common Law | |
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Alcohol Vendors' Liability Greatly Increases under Dram Shop Act | |
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Liquor Liability Insurance | |
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Strategies to Avoid Liability | |
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Miscellaneous Liquor Regulations | |
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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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The Makeup of the Travel Industry | |
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Remedies for Small Damages | |
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The Rights of the Traveler | |
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Special Rights of Airlines | |
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Rights of Airline Captains | |
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Overbooking | |
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Additional Legal Issues Involving Airlines | |
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Liabilities of Travel Agents and Charter Tour Companies | |
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Rental Cars | |
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Summary | |
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Employment | |
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Fair Labor Standards Act | |
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Illegal Job Discrimination | |
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Americans with Disabilities Act | |
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Mandatory Verification of Employment Status | |
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Resume Fraud | |
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Occupational Safety and Health Administration | |
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Unions | |
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Summary | |
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Regulation and Licensing | |
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Regulation of the Marketplace | |
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Franchising | |
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Regulation of Hotel and Restaurant Internal Affairs | |
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Licensing and Zoning | |
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Summary | |
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The Developing Law of Casinos | |
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A Short History of Gambling | |
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Gaming Issues | |
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Contracts and Gambling Debts | |
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Torts Involving Casinos | |
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Sexual Harassment Occurring at Casinos | |
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Casinos and the Dram Shop Act | |
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Riverboat Casinos and the Jones Act | |
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Casinos on Native American Reservations | |
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Internet Gambling | |
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Summary | |
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Appendix A | |
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Appendix B | |
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Appendix C | |
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Appendix D | |
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Appendix E | |
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Appendix F | |
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Glossary | |
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Index | |