Hotel, Restaurant and Travel Law A Preventative Approach

ISBN-10: 0766835995

ISBN-13: 9780766835993

Edition: 6th 2004 (Revised)

List price: $231.95 Buy it from $1.98
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Description:

If you are involved or planning to be involved in the Travel and Hospitality industry as a manager or legal professional, you will find this book to be a valuable tool. Inside are discussions of the 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. Readers will study decisions from actual cases in which hospitality establishments were sued and what decisions were made, as well as what legal precedents were cited. The 6th edition has been completely updated with the latest decisions as well as classic cases that remain persuasive today. The ?Preventive Tips for Managers? feature at the end of each chapter reviews the key points and concepts addressed. A chapter on Casino Law, a developing branch of the Hospitality field is also featured in the new edition. This specialty area has numerous unique legal applications, particularly in light of the discussions in many communities toward expanding the availability of this type of entertainment.
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Book details

List price: $231.95
Edition: 6th
Copyright year: 2004
Publisher: Delmar Cengage Learning
Publication date: 8/8/2003
Binding: Hardcover
Pages: 648
Size: 7.50" wide x 9.25" long x 1.25" tall
Weight: 2.904
Language: English

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