Leisure services management chapter 04

Leisure services management chapter 04 - chapter 4 Legal...

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chapter 4 Legal Foundations for Managers
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Outline Current Legal Issues and Trends Overview of Key Legal Concepts Negligence Four Elements of Negligence: Duty: Breach of Duty: Causation: Damages Defenses to Negligence Intentional Torts: Battery and Assault: Defamation: False Imprisonment Contracts Legislation
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Outline Applications to Leisure Services Management Risk Management: Identification: Evaluation: Treatment: Implementation Eminent Domain and Legislative Takings Legal Issues in Employment Employment Discrimination: Race, Color, National Origin, Gender, and Religion Affirmative Action and Equal Employment Opportunity Sexual Harassment Disabilities: Age Discrimination: Due Process: Employee Health Conclusion
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An Introduction A basic understanding of legal issues is important for anyone planning a career in leisure services management (or management in general. This section is an introduction and not intended either to provide legal advice or to provide a full understanding of all legal issues you may encounter. This section, moreover, is based on Western common law legal concepts and practical applications.
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An Introduction (continued) As most of you come from jurisdictions where civil or code law (or some other form of legal system such as communist approaches to law) operates, that legal advice should always be sought from appropriate agencies in your country. In a litigious (or “Tending to engage in lawsuits”) society, the potential for personal involvement in a lawsuit is great. The USA is seen as the most litigious country in the world, which is why this textbook deals with the issue at such length.
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An Introduction (continued) Knowledge of basic legal principles and concepts does provide a sense of empowerment and control in the event of a lawsuit against an individual and/or his or her organization. Also, an understanding of legal principles provides a foundation for understanding and realizing the importance of risk management principles and practices.
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The Difference Between the Two Main Approaches to Legal Systems Common law is law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislative statutes or executive branch action. It originated in England and later spread to its colonies. Code or Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges. Code law is common in former French territories and in parts of Europe.
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Key Words Common law: Rules of action derived from judicial decisions. Torts: Civil wrongs or injuries that may result in
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This note was uploaded on 04/17/2011 for the course TOURISM AN 101 taught by Professor O'brien during the Spring '11 term at National Cheng Kung University.

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Leisure services management chapter 04 - chapter 4 Legal...

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