Chapter 11 Flashcards
Why would early common law judges impose absolute liability on innkeepers for safety of guests and their property?
The were frequent travelers themselves.
What does absolute liability 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 enligh 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 unwarrented 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 and public rooms. 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 if the car was parked in a lot that was part of the hotel property; the hotel would be liable
