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Legal Aspects Final
Terms in this set (35)
What is the hosp. manager's general responsibility to his/her guests?
honor contract (reservation), overbooking is breach of contract
When can a hosp. manager refuse service?
When guest can't stow ability to pay, when guest is intoxicated, when guest has readily communicable disease, when guest possesses a prohibited object, when facility is full, when guest poses threat to employees/other guests
a person gives personal property to someone else for safekeeping (involves transfer of possession, not ownership)
Duty to sell merchantable food
goods are at least of average quality and fit for their ordinary purpose and fit for human consumption (does not have to be nutritious or taste great; harmful bacteria/viruses breach warranty; spoiled/undercooked food)
Foreign/natural and reasonable expectation tests
if object is foreign (unrelated to the components or ingredients of the product) the warranty is breached.
there is reasonable expectation if the object is natural but unexpected (even presence of natural substances can render food unfit)
must be honest and truthful in representation of food sold for things such as "low fat" or "heart healthy"
Dram shop act
party providing alcoholic beverages to someone the server knows is intoxicated may be liable for tort damages caused later by intoxicated person
Jurisdiction in the travel industry
court's ability to hear case & provide remedy--incident occurred in state but perpetrator is from out of state
Forum non conveniens
discretionary power of court to decline jurisdiction when "convenience of the parties and justice would be better served if case was brought forth in another forum"
Criteria to determine forum non conveniens
does an alternative forum exist? private interests of litigants (P & D forum preference; convenience of parties based on physical & financial factors; witnesses)
Purpose of a forum selection clause
language in the agreement citing any litigation must be brough forth in the court where the agency is headquarted; usually enforceable but must be reasonable & fair
governed by contract & tort law
Legal duty of the travel agent
act in the best interest of his/her client, be knowledgeable about products & exhibit reasonable care in dealing with clients, recommend travel insurance
Areas of liability for a travel agent/tour operator
failure to provide promised services (if they had reason to know of problems at hotel, with tour operator, etc.) failure to honor agreed upon prices, misrepresentation, failure to discover and disclose
When is innkeeper-guest relationship terminated?
contracted time for room has elapsed without extension, the bill has been settled and paid, a due bill is not paid. proper notice is given to vacate the hotel, a reasonable amount of time has passed since checkout
Who is a hotel guest?
One visiting for the purpose of which the exam operates and requires overnight accommodations
What is standing?
P's right to bring complaint; issue generally raised by D seeking to dismiss case
When is injunctive relief likely to be used?
action by court to prevent future wrongs; prevents irreparable injury; used when $ damages are not adequate
What is a state actor?
an entity conducting activities having such a close connection to the state that it may be considered an extension of the state (ex. high school athletic associations or municipal festivals)
How do the establishment and free exercise clauses of the 1st amendment of the US Constitution impact RLS?
Fora used in analyzing cases involving religious matters (3)
Lemon test, coercion test, endorsement test
When is a club truly private?
Membership is limited
Factors used by courts to determine whether a private club is exempt from CRA of 1964
Genuine selectivity, member control over operation, history of org., use of facilities by nonmembers, purpose of club, whether or not they advertise for membership, and the formalities of the club
classifications based on race, ethnicity, and national origin; highest standard of review, applies to suspect class or one specifically protected by constitution, is action/policy necessary to achieve governmental interest
classifications based on gender; slightly less rigorous examination of law, applies to quasi-suspect class because it can be justifiable to differentiation upon basis of sex than upon basis of race, is action/policy substantially related to an important government interest
Rational basis review
applied to all group classifications not historically associated with discrimination
What is risk management?
Formal process of assessing exposure to risk, taking appropriate action to minimize the impact of risk, controlling financial and personal in jury losses from sudden/unforeseen/unusual accidents/intentional torts, management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a recreation or sport enterprise
Steps to develop a risk management plan
Identify risks, classify risks, method of treatment
How are risks classified?
Severity of the risk and frequency/likelihood of the occurrence
Treating for risks (4)
Reduction, retention, transfer, eliminate
What is the duty of a rec and/or sport org. to provide emergency care?
Depends upon factors inherent in the situation, program, or activity: relationship to participants, risk in conducting activity, foreseeability of the injury, social utility of the activity v. likelihood of injury, magnitude of the burden on the recreation manager to provide emergency care
How to determine whether or not to allow a person with a contagious condition to participate in your rec or sport program
Nature of the risk, duration of the risk, severity of the risk, probability the disease will be transmitted and will cause varying degrees of harm
4 options available for organization/sponsored transportation
Independent contractor*, org.-owned vehicles, employee vehicles, non-employee vehicles
General liability insurance
Protects the recreation/sport business from financial loss in the event that someone suffers injury
Goal of a Crisis Management Plan (CMP)
comprehensive, written contingency plans based on existing resources & operational capabilities enabling managers to effectively respond to a crisis.
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