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What primarily determines the remedies available to an innocent party for a breach of contract?
Which term describes compensatory damages that aim to fulfill the expectations of the injured party?
In the context of accommodation properties in Canada, how many such properties are approximately available?
What aspect of accommodation properties includes entries like driveways and parking lots?
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What is NOT a characteristic of a warranty in a contract?
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Which legal responsibility must employees at accommodation properties recognize?
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What rights does the copyright disclaimer provide to individuals using the related textbook's PowerPoint presentation?
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Which area of accommodation properties refers specifically to areas like the lobby and washrooms?
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What is one of the necessary requirements for an enforceable contract in the hospitality and tourism sector?
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Which of the following is NOT a requirement for promissory estoppel?
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What critical legal issue arises with standard form agreements in the hospitality sector?
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In the case of Flentje v Nichols, what type of liability is being examined?
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Which case involved an altercation between patrons leading to ejection from premises?
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Which of the following is an alternative way a promise can be enforced?
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What was a concern in the case of Garofoli v Air Canada Vacation?
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What aspect of tortious liability does tort law specifically address in the hospitality sector?
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What is the primary responsibility of accommodation properties regarding swimming pools?
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What type of training should all staff members at accommodation properties receive?
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In what circumstance can a guest refuse to leave an Airbnb property?
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What is required for visibility regarding risks at swimming pools in accommodation properties?
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What is a potential risk when using online accommodation marketplaces?
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What is the significance of provincial and municipal by-laws for accommodation properties?
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What does due diligence entail for accommodation properties?
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Which group of individuals is directly responsible for understanding the risks associated with Airbnb stays?
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What is the implication of the Sale of Goods Acts for food service operators?
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What is a primary duty of care that food providers owe to their patrons?
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In the context of alcohol service, what responsibility do licensees have regarding patron over-consumption?
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Which of the following is not a requirement in the regulation of alcohol service?
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What legal case highlighted the duty of care that food providers owe in relation to serving food?
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What is one of the factors that alcohol licensing regulations consider?
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Which of the following correctly represents the implications of laws affecting food service?
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Which of the following describes a potential liability in food service as indicated by common law?
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What is the primary legal expectation of a social host in relation to guests who consume alcohol?
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What is the purpose of Standard Operating Procedures (SOPs) in a hospitality establishment?
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Which of the following statements best describes the effect of waivers in adventure tourism?
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What must a guide in adventure tourism do to be considered negligent?
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In the context of adventure tourism, what is a key feature that must be considered?
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Which case is cited as an example of social host liability concerning an intoxicated guest?
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What is one potential consequence of an inherent risk in adventure activities for participants?
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Which action is an example of negligence by a guide in an adventure tourism context?
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Study Notes
Tortious liability in the Hospitality and Tourism Sector
- In the hospitality and tourism sector, the law of torts holds businesses liable for injuries or damages caused to guests, patrons, or visitors.
- This liability can arise from various factors like the condition of the premises, activities conducted on the premises, or the conduct of employees.
Condition of Hospitality Premises
- The condition of hospitality premises, including parking lots, can lead to tortious liability.
- Example: A case called Flentje v Nichols involved a severe leg injury sustained in the parking lot of a restaurant.
Activities in Hospitality Premises
- Activities conducted on the premises, including services offered, can create liability.
- Example: Murphy v Little Memphis Cabaret Inc involved an altercation between patrons in a tavern, resulting in ejection and potential liability for the establishment.
Contracts in the Hospitality and Tourism Sector
- Contracts in the hospitality and tourism industry require mutual intention to contract, offer and acceptance, and exchange of consideration.
- Promissory estoppel provides a remedy for parties when reliance on a promise made without formal consideration leads to unfair consequences.
- Key requirements for promissory estoppel:
- A clear promise was made.
- The recipient relied on the promise to their detriment.
- The recipient's reliance wasn't due to wrongful behavior.
- The promise was made within an existing legal relationship.
Contracts in the Hospitality and Tourism Sector (cont'd)
- Standard form agreements are commonly used, but their enforceability, especially regarding liability limitation clauses, can be challenged.
- Example: In Garofoli v Air Canada Vacation, a case involving a disappointing vacation, the use of a disclaimer clause in standard terms and conditions was scrutinized.
Contracts in the Hospitality and Tourism Sector (cont'd)
- Remedies for contract breaches depend on the nature of the breach (condition vs. warranty), with different consequences for each.
Key Terms
- Tortious liability: legal responsibility for harm caused to another.
- Expectation damages: compensation for losses incurred due to a breach of contract.
Elements of Accommodation
- Accommodation properties in Canada must comply with provincial/territorial legislation and regional/municipal by-laws.
- These properties must provide a safe environment for guests, covering areas like the grounds, parking lots, public spaces, common spaces, and guest rooms.
- Maintaining compliance with fire and other emergency protocols is crucial for accommodation businesses, requiring staff training for emergencies.
- Swimming pools are a significant liability concern, requiring safe use and proper maintenance to minimize risk and legal repercussions.
- Online accommodation marketplaces like Airbnb require caution for both hosts and guests due to potential risks like vandalism, property misrepresentation, illegal activities, and disputes over guest departure.
Other Provincial Legislation Affecting Food Service
- Provincial Sale of Goods Acts impose an implied condition that food offered by food service operators is suitable for immediate human consumption.
Common Law Liability Affecting Food Service
- Food providers are obligated to serve food that won't cause harm, owing a duty of care to patrons.
- Cases like Heimler v Calvert Caterers and Gee v White Spot demonstrate instances where food providers failed to fulfill this duty, leading to liability.
Regulation of the Service of Alcohol
- The service of alcohol is heavily regulated, covering aspects like licensing, building requirements, source of alcohol, hours of operation, employee training, age of majority, pricing, entertainment, advertising, responsible consumption, record-keeping, inspections, and penalties.
- Key areas of regulation include:
- Licensing and Eligibility: Qualifying for and maintaining liquor licenses
- Duties of a Licensee: Responsibilities of licensed establishments
- Intoxicated or Disorderly Persons: Managing intoxicated or disruptive patrons
- Drink Size and Price: Regulations on drink sizes and pricing
- Entertainment/Games: Controlling activities and games during alcohol service
- Advertising and Responsible Consumption: Marketing and promoting responsible consumption
- Record-Keeping, Inspections, Penalties: Maintaining accurate records, undergoing inspections, and facing consequences for violations.
Commercial Host Liability at Common Law
- Licensees owe a duty to protect patrons and foreseeable third parties from harm resulting from over-consumption of alcohol.
- Cases like Jordan House Ltd v Menow, Cormier v Lecopo Ltd, and Stewart v Pettie highlight instances where establishments were held liable for over-serving patrons and the resulting consequences.
Social Host Liability for the Provision of Liquor
- Social hosts typically do not face liability for guests who become intoxicated.
- The Childs v Desormeaux case provides a landmark example where social hosts were not held liable for a guest's actions after they were served alcohol at a party.
Standard Operating Procedures
- Implementing standard operating procedures (SOPs) in hospitality and tourism settings is vital for ensuring consistency, minimizing risk, and mitigating potential liability.
- SOPs cover critical procedures, provide a framework for handling situations, and serve as a document for review and updates.
- It is crucial to have established SOPs that address foreseeable harm and ensure that employees are trained and adhere to these procedures.
Introduction to Adventure Tourism
- Adventure tourism is inherently risky and involves potential injury or loss of property.
- Adventure tourism operators balance the inherent risk with the expectation of reasonable care to mitigate potential harm to participants.
Waivers in Adventure Tourism
- Adventure tourism operators often use waivers and releases to minimize liability.
- These waivers aim to shift the responsibility for potential injuries from the operator to the participant.
- Example: Loychuk v Cougar Mountain Adventures Ltd involved a zipline collision and raised questions about the enforceability of waivers in such situations.
Negligence in Adventure Tourism
- An adventure tourism operator can be found negligent if they fail to act with reasonable care, exposing participants to unnecessary risks.
- Key factors in determining negligence:
- Demonstrating carelessness in the guidance or support provided.
- Exposing participants to unreasonable risks beyond the inherent nature of the activity.
Key Terms in Adventure Tourism
- Adventure tourism: A form of tourism that involves physical activities with a higher level of inherent risk and potentially hazardous conditions.
- Waiver: A legal document in which a person voluntarily agrees to waive or relinquish certain rights, especially potential claims for liability.
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Description
Explore the intricacies of tortious liability within the hospitality and tourism sector. This quiz covers how businesses can be held accountable for injuries to guests, the impact of premises conditions, and the consequences of activities conducted on-site. Test your knowledge on real-world cases like Flentje v Nichols and Murphy v Little Memphis Cabaret Inc.
