Chap. 11 Flashcards
Why would early common law judges be quick to impose absolute liability on innkeepers for the safety for their guests and their belongings?
They were frequent travelers themselves
what does absolute liability绝对赔偿责任 mean?
the innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent
what are the three exceptions to the common law absolute liability rule
guests own negligence
an act of a public enemy
an act of god
what is Infra Hospitium
means within or on the premises of the inn(extension of the inn). the hotel is not responsible for guests’ property left elsewhere
what are reivers?
robbers, from an old english term to rob reafian
what is the purpose of the Statutory limitations placed upon the innkeeper’s liability?
to limit innkeepers losses by protecting them from unwarranted claims by unscrupulous guests
under what circumstance will an innkeeper be found absolutely liable for a guest;s property
the notice of limitation had not been posted in the office, public rooms and although it was posted in the plaintiff’s room, it was not posted in every guest room
can the innkeeper use the statutory limitations if the loss results from negligence on the part of the hotel?
no
what does “express deposit” mean?
when leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody
what policy should a hotel have regarding lost property?
all items left in a guest room should be delivered to the management
would a camera left in a car be considered infra hospitium, and would the hotel be liable if it was stolen?
it depends, if the camera was in plain site, and the car was parked in a lot that was part of hotel property, the hotel would be liable
in Sherrill v.King Edward Hotel, why was the hotel liable?
the notice informing guests of the availability of a vault was not conspicuously posted. thus they could not benefit from the statutory limitations
what is the time limit regarding mislaid property, such as a wad of bills hidden in a dresser drawer
no time limit
You were dining in the restaurant of the Western Inn. you are also a guest there, you left your jacket on the cloak rack provided by the restaurant, when you went to retrieve your jacket , you realized that it has been stolen. Your jacket is worth 1,000 the hotel’s limitation amount is 300. what should you do to recover the full amount?
A guest who sues under a breach of bailment will recover the full amount, whereas a guest who sues under the innkeeper-guest relationship will only recover damages equal to the limitation amount(unless the innkeeper is negligent)
what is Bailment
the transfer of possession of property from the owner to someone else, with the understanding that property will be returned later
what is Bailor
the owner of the property
what is Bailee
the holder of the property
the 4 elements of bailment
only personal property
physical possessions
acknowledge receipt
agreement to return
describe the 3 types of bailment
SOLE BENEFIT OF THE BAILOR
-the hotel receives no fee for the service(Gratuitous Bailment)
-only a slight degree of care, and is liable only for gross negligence
SOLE BENEFIT OF THE BAILEE
-bailee has possession and right to use the property
-a high degree of care, and bailee is liable for virtually any loss or damage
BAILMENT FOR HIRE-MUTUAL BENEFIT
-ordinary care, property must be returned in condition expected
do the statutory limitations applied to the innkeeper guest relationship also apply to the bailment relationship?
no
what must be established to substantiate a claim for bailment
- property was delivered to the bailee
- property was accepted by the bailee
- property not returned, or not returned in proper condition
- bailee breached duty owed to bailor
what is a prima facie
a situation where the facts speak for themselves, On the face of it
why might a laptop computer left in the trunk of car not be the hotel’s responsibility as a bailor?
if the attendant is not made aware of the computer, then the hotel is not responsible for it. Bailee is only responsible for property that he/she is aware of
what is equitable estoppel?
If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations, the hotel will be stopped from relying on the protection of the statutory limitations. i.e.a guest asks to put valuable in the safe, and the clerk tells the guest that the valuables will be safe in the guests room, the hotel will be estopped from relying on the statute limitation
