HRT 203 - Hotel/Restaurant/Travel Law

COMMON LAW		5	0	0
Terminology	Define the terms common law, fraud, statutory law, stare decisis, limited liability, statute, and jury as they apply to the formation of the U.S. legal system.
History	Discuss the role of English innkeepers during the fourteenth and fifteenth century and their place in the society of that era.
	Describe how English common law protected travelers and give an example of its practical application.
	Discuss the social and economic climate of England during the forming of common law.
Contemporary features	Distinguish between a statute and common law and the impact the decision making process has on each.
	Discuss the jury system of decision making and the predictability of the outcome of a jury trial.
	Discuss the impact of social and technological changes on the U.S. legal system and give an example of a change that has affected the contemporary hospitality industry.
CIVIL LAW		5	0	0
Terminology	Define the terms civil law, codified law, judge, attorney, and lawyer as they apply to the formation of the U.S. legal system.
History	Discuss the European development of civil law.
	Compare and contrast the origin of codified law with interpretative law.
Contemporary features	Describe the elements of a civil law case.
	Compare and contrast the roles of participants in a civil case and a common law case.
	Discuss the impact of federal and state laws on foreign travelers in the United States.
CONTRACT LAW		20	0	0
Terminology	Define the terms contract, corporation, mutuality, illegal contract, termination of offer, unenforceable contract, custom and usage, and misdemeanor as they apply to general contract law.
Types of accommodations	Describe the types of hotel accommodations available in the United States.
Contract limitations	Give examples of conditions which limit an individual's capacity to enter into contracts.
Corporate	Describe the process which establishes a corporation's right to enter into contracts.
Licensing	Discuss state and local licensing requirements as they apply to the hospitality industry.
Mutuality	Describe the contract requirements of mutuality of parties and give an example of the binding communication involved.
Overbooking	Describe the types of promises and discuss the availability of legal recourse of each as applicable to the hospitality industry.
	Discuss legal problems which arise from overbooking in the hospitality industry.
	Identify management procedures which are designed to minimize overbooking problems in the hotel industry.
	Discuss legal problems which arise from overbooking air travel and the damages courts have awarded in these cases.
	Identify management procedures which are designed to minimize air travel overbooking problems.
Misdemeanor	Discuss statutes that set penalties and charge hotels with a misdemeanor if they breach their common law duty to accommodate guests.
Jurisdiction	Discuss legal problems which arise due to jurisdiction and their impact on guests and the hospitality industry.
Guests’ rights	Discuss the rights of guests and the types of legal actions which could result when not fulfilled by the hotel industry.
Searches	Discuss the rights of hotel guests to be free of illegal search and seizure.
	Explain the meaning of the term bypassing a warrant and discuss hotel management's liability in allowing a search without a warrant.
	Discuss search actions in response to investigating a report of a guest disturbing the peace.
Abandoned property	Discuss the disposition of abandoned guest property and the conditions under which hotel management may take possession.
Charges	Discuss the legal procedures for posting room and service charges and give examples of punitive judgments when hotel management does not adequately provide this information to guests.
Guest mail	Discuss procedures for handling guests’ mail and forwarding mail after guests check out.
Persons other than guests	Discuss the rights of persons other than guests which hotel management is expected to observe.
CUSTOMER RIGHTS		10	0	0
Terminology	Define the terms trespass, licensee, and invites as they apply to customers’ rights in the hospitality industry.
Room condition	Discuss the room conditions expected by guests and give examples of past legal actions when conditions were deficient.
Public areas	Discuss the expectations of guests concerning conditions in public areas of the hotel and give examples of the past legal actions when conditions were deficient.
Dining room and bars	Discuss the expectations of guests concerning conditions in dining rooms, bars, and similar places of the hotel.
	Discuss the expectations of guests concerning conditions outside and in special areas of the hotel.
Special considerations	Discuss guests’ expectations concerning rights of minors and accommodations for children and give examples of past legal actions in these areas when expectations were not met.
Safety and security	Discuss guests' expectations concerning safety and security and give examples of past legal actions in these areas when expectations were not met.
	Discuss hotels’ limited liability rule.
Loss of property	Discuss guests’ expectations concerning personal property and give examples of past legal actions in these areas when expectations were not met.
	Discuss the absolute liability role.
	Discuss hotel liability concerning guests’ automobiles and give examples of legal actions taken when guests' expectations were not met.
MANAGEMENT RIGHTS		10	0	0
Terminology	Define the phrase truth in menu.
	Name the federal agency that has oversight responsibility for working rights of employee and job applicants.
Hotels	Give reasons why a hotel operator might evict a guest.
	Discuss the use of a hotel lien to protect the hotel keeper.
Restaurants and bars	Describe the circumstance under which customers may recover the cost of being served unwholesome food.
	Explain food serving requirements covered by the Uniform Commercial Code.
	Explain the reasonable expectation test as applied to serving food.
	Explain the foreign natural test as applied to serving food.
	Name the law pertaining to establishment liability when a drunkard customer kills someone with a motor vehicle.
	Discuss the general provisions of the Dram Shop Act.
	Describe the purpose of the Accuracy in Menus (AIM) program as established by various restaurant associations.
Travel agency	Discuss liability under travel law for claims resulting from a customer experiencing humiliation and mental suffering.
	Describe methods of rebating a customer for unused portion(s) of travel ticket.
	Discuss travel agents’ liability resulting from making misleading statements to the customer.
Trends	Discuss the hospitality industry trends which may impact on liability of operators.
	Give examples of procedures which may be taken to offset the trend toward increasing legal actions by guests and establishment managers.

Suggested Resources

Cournoyer, N. G., & Marshall, A. G. (1988). Hotel, restaurant, and travel law (3rd ed.). Albany, NY: Delmar.

Jefferies, J. P. (1989). Understanding hospitality law. East Lansing, MI: Educational Institute, American Hotel & Motel Assn.

Competency Areas	Hours
Common Law	Class	5
Civil Law	D. Lab	0
Contract Law	P. Lab/O.B.I.	0
Customer Rights	Credit	5
Management Rights

Prerequisite:	Provisional admission
Corequisite:

D.Lab

COMMON LAW

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