Chapter 11: Protection of Guest and Their Property

Question 1

Absolute Liability Rule

Answer 1

common law judges imposed ABSOLUTE LIABILITY . it does not matter whether the innkeeper has exercised all due care and is not negligent

Question 2

Absolutely Liability Rule relationship

Answer 2

innkeeper-guest relationship

not the same a relationship as a restauranteur or landlord

Question 3

Three Exceptions to the Absolute Liability Rule

Answer 3

guest own negligence
acts of public enemies
act of god

Question 4

Public Enemies

Answer 4

a person or a group who is recognized as an adversary of the gvernemtn in times of war on terrorism.

Question 5

Act of God

Answer 5

hurricanes
floods
tempests
lightning strikes
avalanches
earthquakes

Question 6

Infra Hospitium

Answer 6

within/on the premise of the inn
includes all limos belonging to the inn/engaged by the inn
includes stables, parking lots and garages

Question 7

Statutory Limitations

Answer 7

legislation has been enacted to soften the harsh effect of absolute liability on innkeepers/ protect them from fraudulent claims

liability limits are set by posting notice

innkeeper must be in compliance w the statue. then common law prevails

Question 8

Exceptions to Statutory Limitations

Answer 8

occur upon the default, neglect or wilful act

Question 9

Disclosure of Values

Answer 9

if a guests valuable or the amount of $$ is excessive, outside storage at a bank may be suggested

Question 10

Express deposit

Answer 10

when leaving the property w the hotel for safekeeping the guest must make the hotel aware of the value and need for custody

Question 11

Posting Requirements

Answer 11

innkeepers who fail to abide by the statutory posting of limited liability requirements will not be protected by the statute

postings must be conspicuous and must include the amount of limitation

Question 12

Seller’s Samples

Answer 12

liability of innkeepers appliers only to personal use items of the guest, UNLESS

notifies the hotel the samples are being brought in AND
provides the value

Question 13

Equitable Estopple

Answer 13

innkeepers are prevented from relying on the statutory limitations if the innkeeper/employee informs the guest that:

hotel will be responsible for the full value
there is no need to use the vault since the rooms are safe and secure

can be prevented by having a disclaimer which limits the employee’s authority to bind the hotel

Question 14

Guest Conduct

Answer 14

guest negligence can eliminate/reduce the innkeepers liability

failure to provide info at the time of an express deposit may also reduce or negate the liability of the hotel

Question 15

Categories of property left behind

Answer 15

lost: involuntarily separated from owner
mislaid: owner knowingly placed it somewhere then forgot it
abandoned: the owner has give up ownership of the property

Question 16

Right to Guets Rooms (2) Considerations

Answer 16

right to privacy

right to exclusive use of the room

Question 17

Insurance (4)

Answer 17

fire insurance
theft insurance
business interruption insurance
public liability insurance

Question 18

Property of Non-Guests

Answer 18

no innkeeper-guets duty w respect to property
statutory limitation on liability of an innkeeper does not apply
unless negligent then tort law will apply

Question 19

Bailment

Answer 19

is the temporary transfer of physical possesion (not title) from bailor to bailee

duty owed by IK to a guest higher under common law (lower due to statute) than this agreement (bailor/bailee)

Question 20

Elements of Bailment (4)

Answer 20

bailment applies to personal property
bailor transfers physical possession of the property
bailee acknowledges receipt of the property
there is an express or implied agreement that the property will be returned to the bailor upon request

Question 21

Types of Bailment (3)

Answer 21

Gratuitous Bailment
Bailment for the sole benefit of the bailee
Bailment for hire

Question 22

Gratuitous Bailment

Answer 22

bailee recieves no benefit/compensations. only required to excercies a slight degree of care, unless negligent

Question 23

Bailment for the sole benefit of the bailee

Answer 23

bailor receives the property, who may then use it. HIGH degree of care is owed by the bailee

Question 24

Bailment for hire

Answer 24

mutual benefit for both parties

Question 25

Liability in Bailment Cases (4)

Answer 25

Must Establish the Following:
1-property was delivered to the bailee
2-the bailee accepted the property
3-property was not returned/not returned in the same condition
4- bailee breached the duty owed to the bailor

Question 26

Property Concealed Inside Bailed Property

Answer 26

bailee is only responsible for property that he/she is aware of