Hospitality Law Quiz # 1 Fall 2024

Negligence

• Defined as a careless act; intent of the action is irrelevant.
• Rests on common law principles.
• To establish negligence, a claimant must demonstrate: duty of care, breach of reasonable standard of care, and causation.
• Key case: Donoghue v Stevenson, famously known as the "snail in the bottle" case.

Defences to Negligence

• Contributory negligence: partial responsibility of the claimant can reduce damages.
• Voluntary assumption of risk: typically proven through waiver signatures.
• Remoteness: refers to the foreseeability of harm.

Nuisance

• Encapsulates issues such as physical damage, offensive odor, or noise.
• Factors in determining nuisance include: time, intensity, duration, nature of the neighborhood, motivation, and resulting physical damage.

Strict Liability Torts

• Liability can be imposed even without intent or negligence for activities involving dangerous objects or animals.
• Significantly influenced by the precedent set in Rylands v Fletcher.

Occupiers’ Statutory Duty of Care

• Duty of care is defined broadly for "occupiers" of premises.
• Key exceptions: independent contractor negligence, trespassers, participants in free recreational activities, and cases lacking occupier intent or recklessness.

Remedies for Torts

• Awards of damages aim to restore the affected party to their prior position.
• Categories of damages include: special damages, general damages, aggravated and punitive damages, and injunctions.

Types of Torts

• Torts fall into several categories: intentional, negligence, nuisance, strict liability, and statutory torts.
• New torts may be introduced to address societal changes.

Vicarious Liability

• Employers are liable for torts committed by employees during the scope of their employment, regardless of employer wrongdoing.
• Example case: Bazley v Curry regarding a residential care facility.

Intentional Torts

• Defined by the intent of the party to commit the act or cause consequences, including: battery, trespass to land, and invasion of privacy.
• Battery involves intentional and offensive physical contact.
• Trespass to land refers to wrongful interference with property.
• Invasion of privacy must occur without lawful justification and cause significant distress.

Defences to Intentional Torts

• Partial defence: provocation.
• Complete defences: consent, legal authority, self-defence, necessity.

Court System and Judiciary

• Authority is divided between Parliament and provincial legislatures.
• Hierarchical court structure: Supreme Court (highest), Courts of Appeal (federal and provincial), and Trial Courts (various jurisdictions).

Judiciary Functions

• Trial judges determine facts based on evidence and apply relevant law to resolve disputes.

Legal Question Analysis

• Essential questions include: what has happened, what legal issues arise, and what is the relevant legal standard for liability.

Nature of Torts and Contracts

• Torts as a branch of private law govern personal and corporate conduct and address rights, duties, and liabilities between parties.

Contracts

• Contracts represent reciprocal rights and duties voluntarily agreed upon, including essential elements: mutual intention, offer and acceptance, and consideration.

Barriers to Contracting

• Contracts may not be formed under circumstances such as incapacity, absence of writing, mistake, and protection of weaker parties against duress or unconscionable transactions.

Enforceable Promises Without Consideration

• Promises under seal confirm binding agreements.
• Promissory estoppel requires: a promise made, reliance by the promisee, lack of inequitable behaviour, and potential unfairness in retracting the promise.

Court System and the Judiciary

• Authority in Canada is divided between Parliament and provincial legislatures, with a structure comprising Superior Courts, Inferior Courts, and Tribunals.
• The Supreme Court is the highest court in Canada and does not conduct trials.
• Each province and territory has its own Court of Appeal, while Trial Courts exist in every province and territory.
• Trial judges determine the outcome of disputes by assessing evidence and applying the law.

Legal Question Analysis

• Address relevant facts and identify applicable legislation or regulation.
• Determine whether the matter is federal or provincial and justify the reasoning.
• Analyze the language of the legislation and apply the law to the given facts to reach a well-explained decision.

Definition of Tourism

• The UNWTO defines tourism as a social, cultural, and economic phenomenon involving the movement of people outside their usual environment for business or personal purposes.
• Visitors can be categorized as either tourists or excursionists, encompassing residents and non-residents, with activities often involving tourism expenditure.

Excursionist and Tourist Definitions

• Excursionists are same-day visitors who do not stay overnight, engaging in activities such as sightseeing or dining.
• A tourist is defined as someone traveling at least 80 km from home for a minimum of 24 hours for various purposes, reinforcing that tourism encompasses a wide range of activities and sectors.

Overview of the Hospitality and Tourism Sector

• This sector includes hotels, restaurants, nightclubs, VRBO/Airbnb, casinos, and tour operators, emphasizing the rights and obligations of customers and participants.
• There are extensive statutory and regulatory requirements within the sector.

Torts in Law

• Torts govern personal conduct and corporate behavior, focusing on the rights, duties, and liabilities of individuals toward each other rather than towards the state.
• A tort is a breach of legal duty that leads to compensatory action for those harmed by unacceptable conduct.

Negligence

• Defined as a careless act where intent is not a factor; established through common law.
• To prove negligence, three elements must be demonstrated: duty of care, breach of a reasonable standard of care, and causation.
• Common defenses against negligence include contributory negligence, voluntary assumption of risk, and remoteness.

Nuisance

• Nuisance can range from causing physical damage to creating offensive sounds or odors.
• Factors that are considered include the time, intensity, and duration of the activity, the nature of the neighborhood, motivation behind the activity, and any resulting physical damage.

Strict Liability Torts

• Imposes liability even without negligence or intent, particularly relevant in cases involving dangerous animals or substances, as illustrated by the principle in Rylands v. Fletcher.

Occupiers' Statutory Duty of Care

• Occupiers of premises have a statutory duty of care, with certain exceptions including negligence by independent contractors and trespassers.
• The duty does not apply to recreational activities on premises without an entry fee, nor when the occupier did not create danger intentionally or recklessly.

Remedies in Tort Law

• Remedies aim to return the harmed party to their prior state, categorized into special damages, general damages, aggravated and punitive damages, and injunctions.

Definition of Tourism

• Defined by UNWTO as the movement of people to places outside their usual environment for personal or professional reasons.
• Visitors may include tourists, excursionists, residents, or non-residents.
• Tourism encompasses a broad range of activities and services beyond just the movement of people.

Excursionists and Tourists

• Excursionists are same-day visitors, often termed "day trippers," who do not stay overnight.
• A tourist is defined as someone traveling at least 80 km from home for at least 24 hours for business, leisure, or other reasons.
• Three classes of tourists:
  • Domestic: Residents traveling within their country.
  • Inbound: Non-residents visiting a country.
  • Outbound: Residents traveling to another country.

Hospitality and Tourism Sector

• Comprises hotels, restaurants, nightclubs, vacation rentals (VRBO/Airbnb), casinos, and tourism operators.
• Includes rights and obligations for customers and businesses, alongside extensive statutory and regulatory requirements.

Food Safety Legislation

• The Canadian Food Inspection Agency Act (CFIAA) streamlined food inspection to enhance consumer protection and ensure consistent safety standards.
• Food and Drug Act (FDA) prohibits sale of food under unsanitary conditions and ensures food safety.
• Safe Food for Canadians Act (SFCA) regulates the importation of food complying with FDA stipulations.

Law Overview

• Law consists of enforceable rules that govern relationships among individuals, organizations, and governments.
• Enforceability distinguishes law from moral and ethical standards.

Types of Law

• Public Law includes statutes like the Criminal Code and Income Tax Act, dealing with society as a whole.
• Private Law encompasses contracts, property ownership, and damages, where breaches can lead to compensation claims rather than prosecution.

Sources of Law

• Constitutional Statutes: Constitution Act of 1867 and Constitution Act of 1982.
• Legislation: Laws created by legislative bodies.
• Common Law: A system based on precedents, shaping legal standards and rulings.