Section 1
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duty of care
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Last updated
4 years ago
Date created
Mar 1, 2020
Cards (68)
Section 1
(50 cards)
duty of care
a legal obligation that requires a particular standard of conduct
Bailee
person that receives property in bailment agreement
Quid pro quo
latin term for "giving one thing in return or exchange for another
To avoid difficulties related to contracts
-get it n writing -read the contract thoroughly -keep copies of all contract documents -use good faith when negotiating contracts -note and calendar time deadlines for performance -ensure the performance of third parties -share contact info with those who need to know, and educate staff on consequences of breach -resolve ambiguities as quickly and fairly as possible
dram shop
a name given to a variety of state laws establishing a liquor licensee's third-party liability
Consideration
The payment/value exchanged for the promises contained in a contract
Negligence per se
when a rule of law is violated by the operator; such as violation of a rule of law is considered to be so far outside the scope of reasonable behavior that the violator is assumed to be negligent
litigation
act of initiating and carrying on a lawsuit. often used to refer to the lawsuit itself
Types of non-guests
guests of guests invitees (employees, vendors) trespassers (do not owe duty of care)
kickback
a secret rebate of part of a purchase price, given by the seller, to the buyer, in exchange for the buyer's influence in the purchasing decision
interstate commerce
commercial trading or the transportation of persons or property between or among states
Proximate Cause
the event or activity that directly contributes to (causes) the injury or harm
truth in menu laws
the collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording on menus
clause
a distinct contract provision or stipulation
Reasonable Care
the degree of care that a reasonably prudent person would use in a similar situation
Negligence
The failure to use reasonable care
Punitive Damages
A monetary amount used as punishment and to deter the same wrongful act in the future by the defendant and others
franchise agreement
a special hospitality contract that details the responsibilities of both parties involved in the operation of a franchise
Liable
To be legally responsible or obligated
When it is ok to deny admission
-the person cannot pay -the person has readily communicable disease -the person wants to enter with prohibited item -the person is intoxicated -the person presents a threat to others -the person is too young -the person does not seek to become a guest -the facility is full
Bailor
a person that gives property to another in bailment agreement
Comparative Negligence
Shared responsibility for the harm that results from negligence. The comparison of negligence by the defendant with the contributory negligence of the plaintiff.
affirmative action
a federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers
civil law
the body of law (usually in the form of codes and statutes) created by governmental entities that are concerned w private rights and remedies, as opposed to criminal matters
at-will employment
an employment relationship whereby employers have a right to hire any employee, whenever they choose, and to dismiss an employee for or without cause at any time
Gross Negligence
the reckless or willful failure of an individual or organization to use even the slightest amount of reasonable care
Contributory Negligence
negligent conduct by the complaining party (plaintiff) that contributes to the cause of his or her injuries
Plaintiff
The person or entity that initiates litigation against another. Sometimes referred to as the claimant, petitioner, applicant
To limit potential liability for the loss of guest property
-posting notice -secure safe -locks on doors/windows -limits on required possessions -limits on replacement values on luggage -penalty for negligence
Tort
an act or failure to act (not involving a breach of contract) that results in injury, loss, or damage to another
Offer
A proposal to perform an act or pay an amount that if accepted constitutes a legally valid contract
Acceptance
Unconditional agreement to the precise terms and conditions of an offer
consequences of breach of contract
ADA
Americans with disabilities act. federal legislation(law) that protects the rights of people with disabilities so that they may be treated fairly in the workplace and have access to places of public accommodation, such as hotels, restaurants, and airplanes
negligent hiring
failure on the part of an employer to exercise reasonable care in the selection of employees
Defendant
The person against which litigation is initiated. Sometimes refereed to as the respondent
Counteroffer
Conditional agreement to the terms and conditions of an offer that included change to those terms, creating a new offer
Statute of Limitations
Various laws that set maximum time periods in which lawsuits must be initiated. If the suit is not initiated or filed before the expiration of the maximum period then the law prohibits the use of the courts for recovery.
Third party liability
the two areas of liability theory that a hospitality manager should be aware of focus on the duties of a host who holds a party where alcohol is served, and that of an establishment licensed to sell alcohol
Contract
An agreement or promise made b/w two parties that courts will enforce
common law
laws derived from the historical customs and usage of a society, and the decisions by courts when interpreting those customs and usages
attrition
reduction in the number of projected participants or attendees
Express Contract
A contract in which the components of the agreement are explicitly stated, either orally or in writing
Compensatory Damages
monetary amount awarded to resolve the injured party to the position he or she was prior to the injury
Duties of care
1) provide a reasonably safe premise 2) serve food and beverages fit for consumption 3) serve alcohol responsibly 4) hire qualified employees 5) properly train employees 6) terminate employees who pose danger 7) warn of unsafe conditions 8) safeguard guest property
Purpose of Uniform Commercial Code
Developed to simplify, modernize, and ensure consistency in the laws regulating the buying and selling of personal property (as opposed to land), any loans granted to expedite those sales, and the interests of the buyer and seller
vicarious liablity
a party is responsible for the acts of another that result in injury, harm, or damage
Ethics
Choices of proper conduct made by an individual in his or her relationship with other's
Strict Liability
responsibility arising from the nature of a dangerous activity rather than negligence or an intentional act.
Reasonable Care
Section 2
(18 cards)