Tortious Liability & Contracts in Hospitality
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Questions and Answers

Which of the following is NOT listed as a common area of accommodation properties?

  • Guest rooms
  • Lobby/washrooms
  • Parking lot
  • Air conditioning systems (correct)

    • What must be demonstrated to prove a tortious liability arising from activities in hospitality premises?

  • A prior complaint about the premises.
  • A written contract detailing the activities.
  • An altercation arising within the premises. (correct)
  • A clear disturbance in the neighborhood.

    • Which element is essential for a contract to be enforceable?

  • Approval from a governing body.
  • Mutual intention to contract. (correct)
  • A witness to the contract.
  • A notary public's signature.

    • Which factor is crucial for maintaining public safety in high-traffic areas?

    <p>Traffic flow and speed considerations</p> Signup and view all the answers

    What aspect is mentioned as needing attention in lobbies to prevent injuries?

    <p>Floor finish cleaning and maintenance</p> Signup and view all the answers

    What is an implied condition regarding food offered by a food service operator?

    <p>It should be suitable for human consumption.</p> Signup and view all the answers

    What duty do food providers have towards patrons?

    <p>To ensure food does not cause harm.</p> Signup and view all the answers

    What are the primary responsibilities of a licensed alcohol service provider?

    <p>Avoid harm from a patron’s over-consumption of alcohol.</p> Signup and view all the answers

    What is one potential consequence for not adhering to alcohol service regulations?

    <p>Inspections and potential penalties.</p> Signup and view all the answers

    What does commercial host liability entail?

    <p>Liability for injuries caused by intoxicated patrons.</p> Signup and view all the answers

    In terms of food safety, what standard is a restaurant held to?

    <p>Offering food that is suitable for immediate human consumption.</p> Signup and view all the answers

    Which of the following aspects is NOT part of the regulation of alcohol service?

    <p>Type of food served.</p> Signup and view all the answers

    What is the significance of gross negligence in relation to liability waivers?

    <p>A waiver is not a defense against gross negligence.</p> Signup and view all the answers

    What must be included prominently in a waiver for it to be considered valid?

    <p>A bold, all caps statement about releasing liability and giving up the right to sue.</p> Signup and view all the answers

    What does the term 'standard of care' refer to in the context of negligence?

    <p>The minimum level of safety expected from service providers.</p> Signup and view all the answers

    What factor is dominant in the perceived validity of a waiver?

    <p>The time allowed for contemplation before signing.</p> Signup and view all the answers

    Which case exemplifies gross negligence due to a severe incident during a recreational activity?

    <p>Ochoa v Canadian Mountain Holidays Inc.</p> Signup and view all the answers

    How should a release of liability be presented to be effective?

    <p>As a separate, stand-alone document.</p> Signup and view all the answers

    What factor is essential for the safety of stairwells and staircases?

    <p>Control of moisture on surfaces and proper handrails.</p> Signup and view all the answers

    Which element is crucial for maintaining public safety in high-traffic areas?

    <p>The placement of furniture and fixtures.</p> Signup and view all the answers

    What must be ensured regarding automatic doors in hospitality settings?

    <p>They should be controllable based on user demographics.</p> Signup and view all the answers

    What is a significant concern regarding lobby areas in accommodation properties?

    <p>Their floor finish can impact cleaning and injury risk.</p> Signup and view all the answers

    What factor should be monitored regarding revolving doors?

    <p>Misuse that could cause injuries.</p> Signup and view all the answers

    Which government level primarily oversees the safety of food and drink in the food service industry?

    <p>Federal government</p> Signup and view all the answers

    What is the primary piece of legislation that sets standards for food safety in Canada?

    <p>Food and Drugs Act</p> Signup and view all the answers

    What must accommodation properties ensure regarding staff training in emergencies?

    <p>Staff members must receive training on emergency procedures</p> Signup and view all the answers

    When is an accommodation property liable for accidents at its swimming pool?

    <p>If the property failed to provide reasonable care</p> Signup and view all the answers

    Which entity is primarily responsible for enforcing food safety regulations at the federal level?

    <p>Canadian Food Inspection Agency (CFIA)</p> Signup and view all the answers

    Which regulation is generally lower in priority than the Food and Drugs Act?

    <p>Provincial Regulations</p> Signup and view all the answers

    Which of the following is NOT typically governed by federal legislation regarding food safety?

    <p>Hygiene training for staff</p> Signup and view all the answers

    Local health units may be delegated the enforcement of food safety regulations by which level of government?

    <p>Provincial</p> Signup and view all the answers

    What is a key requirement for signage related to swimming pools?

    <p>It must be highly visible about the risks of use</p> Signup and view all the answers

    What is the implied condition for food offered by a food service operator?

    <p>It must be suitable for immediate human consumption.</p> Signup and view all the answers

    What duty do food providers owe to their patrons?

    <p>To serve food that will not cause harm.</p> Signup and view all the answers

    What common law liability issue arises when a patron over-consumes alcohol?

    <p>Licensees may owe a duty to avoid harm to the patron and others.</p> Signup and view all the answers

    What type of liability could a licensee face due to a patron's actions?

    <p>Commercial host liability due to over-consumption.</p> Signup and view all the answers

    What is the primary responsibility of social hosts regarding intoxicated guests?

    <p>Have no common law liability for guests who become intoxicated.</p> Signup and view all the answers

    What is a key concept related to risks in adventure tourism?

    <p>Inherent risk exists alongside operators' duty of care expectations.</p> Signup and view all the answers

    To establish negligence in adventure tourism, what must a guide do?

    <p>Expose the claimant to unreasonable risk through carelessness.</p> Signup and view all the answers

    What legal effect do waivers have on operators in adventure tourism?

    <p>Operators are typically not considered to owe a duty of care to participants.</p> Signup and view all the answers

    Expectation damages are irrelevant in hospitality contracts.

    <p>False</p> Signup and view all the answers

    Public space within accommodation properties includes areas such as lobbies and washrooms.

    <p>True</p> Signup and view all the answers

    Employees in accommodation properties do not have legal responsibilities related to safety.

    <p>False</p> Signup and view all the answers

    Common areas in accommodation properties include private guest rooms.

    <p>False</p> Signup and view all the answers

    Tortious liability can arise from activities in hospitality premises.

    <p>True</p> Signup and view all the answers

    Torts can only be classified based on deliberate actions of the tortfeasor.

    <p>False</p> Signup and view all the answers

    The case Buehl Estate v Polar Star Enterprises Inc. involves a claim against a hotel for a death at a fishing lodge.

    <p>True</p> Signup and view all the answers

    Airborne dust and wood particles can lead to claims of nuisance against a hotel.

    <p>True</p> Signup and view all the answers

    The case Execotel Hotel Corp v EB Eddy Forest Products Co involves complaints related to excessive noise levels.

    <p>False</p> Signup and view all the answers

    A commercial provider of alcohol has no responsibilities regarding an intoxicated patron's behavior after leaving the premises.

    <p>False</p> Signup and view all the answers

    Torts in hospitality primarily relate to contracts and employment law.

    <p>False</p> Signup and view all the answers

    Carelessness is not a factor in establishing tortious liability within the hospitality sector.

    <p>False</p> Signup and view all the answers

    Promissory estoppel requires that the promise was made without any existing legal relationship between the parties.

    <p>False</p> Signup and view all the answers

    The case of Flentje v Nichols involved a dispute over a contract signed for services rendered in a hospitality setting.

    <p>False</p> Signup and view all the answers

    In the context of hospitality, tortious liability can arise from the condition of hospitality premises.

    <p>True</p> Signup and view all the answers

    The successful application of the legal doctrine of promissory estoppel is one way a promise can be enforceable.

    <p>True</p> Signup and view all the answers

    Accommodation properties are only liable for accidents at their swimming pools if they were negligent in providing reasonable care.

    <p>True</p> Signup and view all the answers

    All staff members in accommodation properties are not required to receive training on emergency procedures.

    <p>False</p> Signup and view all the answers

    Signage regarding swimming pool risks should be highly visible for the safety of guests.

    <p>True</p> Signup and view all the answers

    Airbnb acts as a property owner when it connects guests to hosts for accommodation.

    <p>False</p> Signup and view all the answers

    Accommodation properties are protected from all liability related to guest injuries.

    <p>False</p> Signup and view all the answers

    Online accommodation marketplaces only deal with short-term rentals and do not cover long-term leases.

    <p>True</p> Signup and view all the answers

    Regular equipment maintenance is essential for accommodation properties to avoid liability issues concerning swimming pools.

    <p>True</p> Signup and view all the answers

    Guests should always be aware of the potential for illegal activities occurring at rental properties arranged through online platforms.

    <p>True</p> Signup and view all the answers

    A social host has common law liability for a guest who becomes intoxicated.

    <p>False</p> Signup and view all the answers

    Standard Operating Procedures are typically unwritten and not reviewed regularly.

    <p>False</p> Signup and view all the answers

    Risk is not a key feature of adventure tourism.

    <p>False</p> Signup and view all the answers

    Negligence in adventure tourism requires a guide to be careless and expose claimants to unreasonable risk.

    <p>True</p> Signup and view all the answers

    Waivers serve to eliminate all liability for operators in adventure tourism.

    <p>False</p> Signup and view all the answers

    The expectation is that operators take sufficient care to mitigate risks associated with adventure activities.

    <p>True</p> Signup and view all the answers

    A party host can never be found liable for the actions of a guest who is intoxicated.

    <p>False</p> Signup and view all the answers

    The law generally allows operators in adventure tourism to waive their duty of care towards participants.

    <p>True</p> Signup and view all the answers

    Study Notes

    Tortious Liability in the Hospitality and Tourism Sector

    • Tortious liability in the hospitality and tourism sector relates to the condition of hospitality premises and activities on those premises.
    • Examples include a severe leg injury in a restaurant parking lot (Flentje v Nichols) and an altercation between two groups in a tavern (Murphy v Little Memphis Cabaret Inc).

    Contracts in the Hospitality and Tourism Sector

    • Hospitality and tourism contracts require mutual intention to contract, offer and acceptance, and consideration.
    • There are alternatives to enforcing a promise: a promise under seal and the legal doctrine of promissory estoppel.
    • Promissory estoppel requires a promise to be made, the recipient relying on the promise to their detriment, the recipient's lack of wrongful behaviour, and the promise made within a legal relationship.
    • The enforceability of standard form agreements' provisions negating or limiting hospitality vendor liability can be challenged (Garofoli v Air Canada Vacation).
    • There are options available to parties following a breach of contract, depending on the nature of the breach: a breach of condition or a breach of warranty.

    Elements of Accommodation

    • Accommodation includes diverse areas like parking lots, lobbies, hallways, guest rooms.
    • Entranceways and exits must be user-friendly with current signage, adequate lighting, appropriate footing, and positive safety and cleanliness projection.
    • Glass doors must avoid injuries, revolving doors monitored for misuse, and automatic doors user-friendly.
    • Vestibules protect interior areas from weather elements.
    • Lobbies can be high traffic areas and require cleaning and maintenance, with signage and lighting.
    • Stairwells, staircases, and stairs require careful maintenance.
    • Public areas need safety and security considerations.

    Regulation of the Service of Alcohol

    • Food service providers operate under provincial legislation and Common Law liability.
    • There are regulations governing licensing, building requirements, source of alcohol, hours of operation, age of majority, intoxicated or disorderly persons, drink size and price, entertainment/games, advertising and responsible consumption, record-keeping, inspections, penalties.

    Commercial Host Liability at Common Law

    • Licensees owe a duty of care to patrons and third parties to avoid harm from over-consumption of alcohol (Jordan House Ltd v Menow, Cormier v Lecopo Ltd, Stewart v Pettie).

    Negligence

    • The standard of care must be met in hospitality and tourism activities (Isildar v Rideau Diving Supply).
    • A waiver cannot be a defense against gross negligence (Braid v Whistler River Adventures Ltd).
    • Severe injuries, fatalities, or mass casualty events increase the likelihood of blame (Ochoa v Canadian Mountain Holidays Inc).

    Waivers

    • Customers should be given adequate time to review waivers.
    • Valid waivers should be a separate document and include clear warnings and bold language.

    Accommodation Elements

    • Entryways including roadways, driveways, doorways, revolving doors, and vestibules should be user-friendly and well-maintained.
    • Accessibility features should be provided for those with disabilities.
    • Glass doors should be designed to prevent injuries.
    • Revolving doors must be monitored to prevent misuse.
    • Automatic doors require user-friendly accessibility and the speed should be adjusted based on clientele demographics.
    • Vestibules provide a buffer between the external and internal environment, protecting the interior from weather elements.
    • Lobbies experience high traffic volume, increasing the risk of injuries. Cleaning and maintenance are crucial, particularly considering floor finishes and weather conditions.
    • Stairwells, staircases, and stairs present a risk of falls and missteps due to moisture, carpet seams, and handrail malfunctions.
    • Public safety is paramount in all public areas.
    • Consider crowd congregation, traffic flow, furniture placement, lighting placement, and speed.
    • Accommodation properties must comply with relevant provincial/territorial legislation and regional/municipal bylaws regarding fire and other emergencies.
    • Staff must receive training on emergency procedures and protocols.
    • Swimming pools require a high level of safety protocols for guests.
    • Liability for Accidents: Accommodations are liable if they fail to provide reasonable care and due diligence in preventing accidents.
    • Highly visible signage about the risks of using swimming pools should be present.
    • Equipment should be kept in top operating condition.
    • Airbnb and online accommodation marketplaces: act as brokers connecting guests and hosts.
    • Potential Challenges: Guests and hosts might need to look out for vandalism, properties not aligning with advertisement, illegal business activities (drug dealing, brothels), and guests refusing to leave.

    Food and Alcohol Service Regulations & Key Terms

    • Jurisdictional Framework: Federal, provincial, and municipal governments have oversight of food service industry in Canada.
    • Federal: Health Canada and the Canadian Food Inspection Agency (CFIA) set safety standards for food and drinks.
    • Provincial/Municipal: Directly regulate the food service industry, often under Ministry of Health or Ministry of Environment.
    • Legislative Framework: Federal Food and Drugs Act establishes safety and nutritional quality standards. Provincial regulations are subordinate to federal standards, allowing provinces to enact own food safety laws.
    • Provincial Regulations for Food Safety: Cover permits, licensing, building standards, equipment, food storage and handling, cleaning and sanitizing, labelling, and menus.
    • Common Law Liability: Food providers owe patrons a duty of care to serve food that won't cause harm.
    • Regulation of Alcohol Service: Provincial laws governing licensing, age of majority, building requirements, employee training, hours of operation, service standards, promotions, and enforcement.
    • Commercial Host Liability: Licensees owe a duty of care to patrons and foreseeable third parties to mitigate harm caused by over-consumption.
    • Social Host Liability: Generally, hosts are not liable for guests' intoxication.
    • Standard Operating Procedures: Establish essential procedures for preventing foreseeable harm. They are written down and reviewed regularly.

    Adventure Tourism Laws

    • Risk and Liability: Adventure tourism inherently involves risk, raising the question of responsibility for potential injuries. Adventure operators must take reasonable steps to mitigate risks.
    • Waivers: Adventure tourism operators often use waivers to minimize their liability, but courts can void them if not properly drafted or if they contradict legislation.
    • Negligence: Occurs when an operator fails to exercise reasonable care in conducting the activity, exposing a participant to unreasonable risk.

    Key Terms

    • Accommodation Property
    • Airbnb
    • Automatic Door
    • Lobby
    • Revolving Door
    • Vestibule
    • Crash Team

    Torts in the Hospitality and Tourism Sector

    • Torts can be classified as deliberate actions or negligence
    • Example case: Buehl Estate v Polar Star Enterprises Inc (HCJ) - A fishing lodge was sued for breach of the standard of care after a death occurred on their property.
    • Example case: Execotel Hotel Corp v EB Eddy Forest Products Co - A hotel sued EB Eddy for nuisance caused by dust and wood particles damaging the hotel's roof. The hotel claimed damage to their roof, loss of income, and diminished value of the hotel.

    Treatment of Customers and Patrons

    • Customers can claim damages if they experience loss, damage, or injury on the premises.
    • Example case: Menow v Honsberger - A hotel was sued when an intoxicated patron was hit by a car after being ejected from the hotel bar.

    Condition of Hospitality Premises

    • Example case: Flentje v Nichols - A restaurant was sued after a patron suffered a severe leg injury in their parking lot.

    Activities in Hospitality Premises

    • Example case: Murphy v Little Memphis Cabaret Inc - A tavern was sued after two groups of men started a fight and were subsequently ejected through different doors.

    Contracts in the Hospitality and Tourism Sector

    • Requirements for an enforceable contract: mutual intention to contract, offer and acceptance, and the exchange of consideration.
    • Example case: Waters v Sun Route Tours Inc - The conditions of the sale of a travel agency were examined in court.

    Standard Form Agreements

    • Example case: Garofoli v Air Canada Vacation - It was determined that a disclaimer clause regarding a disappointing vacation booked through a travel agent was enforceable.

    Condition vs. Warranty

    • A breach of a condition gives the innocent party the right to terminate the contract and seek damages.
    • A breach of a warranty only allows the innocent party to seek damages.

    Accommodation Properties

    • There are approximately 8,500 accommodation properties in Canada.
    • All properties must comply with provincial/territorial legislation and by-laws in relation to fire safety and other emergencies.
    • Accommodation staff should receive training on emergency procedures.

    Swimming Pools

    • Accommodation properties are only liable for accidents at swimming pools if they fail to provide reasonable care.
    • Highly visible signage about risks of use must be present.
    • Equipment must be in top operating condition.

    Airbnb and Other Online Accommodation Marketplaces

    • Airbnb acts as an accommodation broker between guests and hosts.
    • Guests and hosts must be careful when entering into agreements to avoid potential issues like vandalism, property not being as advertised, illegal activity, and guests refusing to leave.

    Food and Alcohol Sector

    • Regulations are in place to ensure the safe service of food and alcohol in restaurants and bars.
    • In Canada, the federal government sets guidelines for food safety, but each province has its own legislation.
    • Servers who serve alcohol to intoxicated patrons can be held liable.
    • Childs v Desormeaux - (On the liability of hosts who serve alcohol to guests and the guests subsequently drive while intoxicated, causing injuries).

    Social Host Liability for the Provision of Liquor

    • Social hosts are not typically liable for guests who become intoxicated.

    Standard Operating Procedures

    • Establishments should implement standard operating procedures to prevent foreseeable harm.
    • Procedures should be written down and reviewed regularly.

    Adventure Tourism

    • Adventure tourism is inherently risky, which can include physical, mental, and emotional injury as well as property loss.
    • Operators must take reasonable care to mitigate risk, even in inherently risky activities.
    • Waivers and releases can be used to minimize liability.
    • Example case: Loychuk v Cougar Mountain Adventures Ltd - A zipline operator was sued for a collision between two users.

    Negligence

    • Negligence is a failure to act with the reasonable care that would ordinarily be expected.
    • In adventure activities, a guide can be considered negligent if they are careless and expose a participant to unreasonable risk.

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    Hospitality and Tourism Law in Canada PDF

    Description

    This quiz explores tortious liability in the hospitality and tourism sector, focusing on examples that illustrate the legal responsibilities of hospitality providers. It also covers the essentials of contracts within the sector, including mutual intention, offer and acceptance, and the concept of promissory estoppel. Test your knowledge on these critical legal principles that impact the industry.

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