Review Questions - HMSM Chapter 2 Natalie Atutubo

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11/5/23, 1:55 PM SECURITY AND LOSS PREVENTION MANAGEMENT VTS E-BOOK : Review Questions, Internet Sites 1. What is common law? Common Law. The general Anglo-American system of legal concepts and the traditional legal technique that forms the basis of the law of the states that have invoked it. While there have been conflicting theories as to the origin of the common law in the North American Colonies, it is generally settled that the Law of England, as it existed at the time of the colonial settlements, is the basis of the common law in this country (with the exception of Louisiana). The common law is a system of unwritten law not evidenced by statute, but by traditions and the opinions and judgments of courts of law. 2. What does “reasonable care” mean? Reasonable Care. Taking actions that are ordinary or usual to protect against a foreseeable event—the central legal issue being that innkeepers owe a duty of care to all persons on their property. Failure to meet this duty may result in securityrelated liability. 3. What is the doctrine of respondeat superior? Doctrine of Respondeat Superior. Respondeat superior is a legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. 4. What is the hotel’s responsibility in the case of an assault on a guest by other guests/patrons and third parties? A hotel may be liable for injuries that were reasonably foreseeable. ex: injuries of a moving door from a guests coming in quickly and another going out. 5. Under common law, what is the innkeeper’s liability for losses of a guest’s property? https://bookshelf.vitalsource.com/reader/books/978-1-949324-61-7/epubcfi/6/46[%3Bvnd.vst.idref%3Dvst-5¢ch0116- 1af4-42fd-ae24-7eef625d33a5]V/4/. .. 1/3
11/5/23, 1:55 PM SECURITY AND LOSS PREVENTION MANAGEMENT VTS E-BOOK : Review Questions, Internet Sites Absolute or strict liability. Hotelkeepers were liable for any loss of guests' property that was within the inn occurring on hotel premises. Exceptions: Act of God (earthquakes, lightning, snowstorms, tornadoes, floods...) Public enemy (wartime, terrorist ...) Negligence by the guest (leaving luggage unattended in the lobby). 6. In what ways do states limit a hotel’s liability with respect to the loss of guest property? The hotel must post notices to the guests regarding the existence of the safe or safe- deposit boxes . This notice must be posted in a public inconspicuous place and manner in the office in public rooms, and in the public parlors of hotels. 7. Why is it important to post notices to the guest concerning the statutory limitations of liability? In order for the hotel to limit its liability. 8. How should a hotel handle unclaimed property? The hotel should turn over the to the unclaimed property to the police. 9. What are some of the ways in which a hotel may be liable for loss or damage to guests’ automobiles? If a garage on hotel premises isn't operated by the hotel. 10. How might a hotel be liable for the property of non-guests? https://bookshelf.vitalsource.com/reader/books/978-1-949324-61-7/epubcfi/6/46[%3Bvnd.vst.idref%3Dvst-5¢cb011f6-1af4-42fd-ae24-7eef625d33ad]l/4/... 2/3
11/5/23, 1:55 PM SECURITY AND LOSS PREVENTION MANAGEMENT VTS E-BOOK : Review Questions, Internet Sites When a property not in the custody of a guest is lost or damaged, an innkeeper is liable only as a bailee for the property of guests. As a bailee, an innkeeper is liable only for gross negligence. https://bookshelf.vitalsource.com/reader/books/978-1-949324-61-7/epubcfi/6/46[%3Bvnd.vst.idref%3Dvst-5¢cb01116-1af4-42fd-ae24-7eef625d33ad5]l/4/... 3/3
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