Final Exam Review for Law

Final Exam Review for Law - Final Exam Review for Law...

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Final Exam Review for Law: Chapters 7-12 Chapter 7: Guests and Other Patrons Introduction —An innkeeper owes certain duties to those who use the hotel facilities. Those duties vary depending on whether the patron fits the legal definition of a GUEST. -ex; if property is stolen from a hotel, the extent of the hotel’s liability depends on whether or not the property owner is a guest. Who Qualifies as a Guest?- To qualify as a guest, the visit must be for the primary purpose for which an inn operates—rental of rooms for overnight stay -as a general rule, people are not guests unless they require overnight accommodations. -people that register at a hotel for rooms are guests -people who got to a hotel to pay social calls upon the guests are also treated in law as guests -people who are in a hotel for some other reason DO NOT QUALIFY. - CASE EXAMPLE 7-1 : “a patron in a hotel cocktail lounge who was not a registered guest in the hotel claimed he was shortchanged by the waiter, and then was insulted, humiliated, and embarrassed. As we will see in Chapter 11, a hotel but not a restaurant owes a legal duty to treat its customers respectfully and without insult. Thus, the liability of the hotel turned on whether the patron qualified as a guest. The hotel in this case will be liable if the patron is a guest; it will not be liable if he is not a guest. In this case, the question that is presented is whether or not a patron of a cocktail lounge has a case of action for humiliation and embarrassment resulting from insulting words of a waiter. In this case, the defendant is the innkeeper and the plaintiff is a guest at the cocktail lounge who is not a registered guest of the hotel. One who is merely a customer at a bar, a restaurant, a barber shop or newsstand operated by a hotel does not thereby establish the relationship of innkeeper and guest. Judgment was in favor of the defendant! Intent of Parties —the innkeeper-guest relationship is a contractual one—the parties exchange the exclusive use of a guest’s room for money. -an essential element of all contracts is an “intention by the parties to enter a contract.” Guest status can arise once the intention is formulated, even before the contract is entered. Thus, a transient becomes a guest upon entering a hotel intending to purchase an overnight stay. -Actions of the parties provide needed evidence . A request for a room or an advance reservation is sufficient to evidence intent on the part of a would-be patron to become a guest or if innkeepers indicate a willingness to register the traveler and provide a room, this is sufficient evidence of intent on the innkeeper’s part to form an innkeeper- guest relationship. Registration— Registration clearly evidences intent, but is not essential for the relationship to exist .
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