Chapter 11 Flashcards

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1
Q

Why would early common law judges impose absolute liability on innkeepers for safety of guests and their property?

A

The were frequent travelers themselves.

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2
Q

What does absolute liability mean?

A

The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.

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3
Q

What are the three exceptions to the common law absolute liability rule?

A
  • Guests own negligence
  • An act of a public enemy
  • An act of God
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4
Q

What is infra hospitium?

A

Means within or on the premises of the inn (extension of the inn). The hotel is not responsible for guests’ property left elsewhere.

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5
Q

What are reivers?

A

Robbers, from an old enligh term to rob (reafian)

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6
Q

What is the purpose of the statutory limitations placed upon the innkeeper’s liability?

A

To limit innkeepers losses by protecting them from unwarrented claims by unscrupulous guests.

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7
Q

Under what circumstance will an innkeeper be found absolutely liable for a guest’s property?

A

The notice of limitation had not been posted in the office and public rooms. Although it was posted in the plaintiff’s room, it was not posted in every guest room.

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8
Q

Can the innkeeper use the statutory limitations if the loss results from negligence on the part of the hotel?

A

No

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9
Q

What does “express deposit” mean?

A

When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.

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10
Q

What policy should a hotel have regarding lost property?

A

All items left in a guest room should be delivered to the management.

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11
Q

Would a camera left in a car be considered infra hospitium? And would the hotel be liable if it was stolen?

A
  • It depends if the camera was in plain site

- and if the car was parked in a lot that was part of the hotel property; the hotel would be liable

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