Torts and Contracts in Hospitality Law
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Questions and Answers

What was the main issue in Buehl Estate v Polar Star Enterprises Inc.?

  • A death at a fishing lodge and breach of standard care (correct)
  • Damage to hotel property due to construction
  • Loss of income due to seasonal closures
  • Injury due to intoxication at a bar

    • In Execotel Hotel Corp v EB Eddy Forest Products Co, what type of tort was claimed?

  • Assault due to a physical altercation
  • Fraud for misrepresenting hotel conditions
  • Nuisance for damage from airborne particles (correct)
  • Negligence for failing to warn patrons

    • What duty do hospitality providers have regarding their customers?

  • To protect patrons from all forms of harm
  • To minimize financial loss for the business
  • To ensure patrons on their premises do not face any loss or injury (correct)
  • To always serve alcohol responsibly

    • Which concept is crucial in tortious liability within the hospitality sector?

    <p>Treatment of customers and patrons</p> Signup and view all the answers

    What is the liability of a social host for a guest who becomes intoxicated?

    <p>The host has no common law liability.</p> Signup and view all the answers

    What is an essential aspect of Standard Operating Procedures (SOPs)?

    <p>They expect establishments to take reasonable actions.</p> Signup and view all the answers

    Which statement accurately reflects the effect of waivers in adventure tourism?

    <p>Operators generally do not owe participants a duty of care due to waivers.</p> Signup and view all the answers

    What constitutes negligence in the context of a tour guide's duties?

    <p>Failing to take reasonable care expected in the activity.</p> Signup and view all the answers

    What is a key factor determining remedies for breaches of contract in the hospitality sector?

    <p>The nature of the breach</p> Signup and view all the answers

    In the context of hospitality and tourism law, what differentiates a breach of condition from a breach of warranty?

    <p>Breach of condition results in termination of contract</p> Signup and view all the answers

    What is a primary responsibility of employees in accommodation properties?

    <p>To recognize their legal responsibilities</p> Signup and view all the answers

    Which of the following is NOT a functional area of accommodation properties?

    <p>Marketing area</p> Signup and view all the answers

    Which of the following best describes 'tortious liability' in the hospitality sector?

    <p>Liability based on negligence or wrongful acts</p> Signup and view all the answers

    Which level of government is primarily concerned with food safety rather than the premises where food is served?

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

    Which agency is responsible for ensuring compliance with the Food and Drugs Act in Canada?

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

    What is the highest regulatory framework governing food safety in Canada?

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

    Which aspect is NOT primarily regulated at the federal level under food safety laws?

    <p>Food storage</p> Signup and view all the answers

    What role do local or provincial health units play in food safety?

    <p>Enforcing food safety regulations</p> Signup and view all the answers

    Which of the following is NOT a provincial responsibility under food service regulation?

    <p>Interprovincial trade agreements</p> Signup and view all the answers

    What must food service establishments do to ensure adherence to food safety laws?

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

    What distinguishes torts arising from carelessness from those arising from deliberate actions?

    <p>The intent of the tortfeasor</p> Signup and view all the answers

    In the context of tortious liability, what is a duty of hospitality providers towards their patrons?

    <p>To take reasonable steps to maintain a safe environment for customers</p> Signup and view all the answers

    What type of tort was involved in the case of Execotel Hotel Corp v EB Eddy Forest Products Co?

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

    What can be a consequence of tortious liability for hospitality businesses?

    <p>Legal claims for damages</p> Signup and view all the answers

    Which case exemplifies the impact of intoxicated patrons on tort liability?

    <p>Menow v Honsberger</p> Signup and view all the answers

    Which aspect of tort law is primarily addressed under the Alberta Occupiers’ Liability Act?

    <p>Standard of care for occupiers</p> Signup and view all the answers

    What must accommodation properties ensure regarding emergency procedures?

    <p>All staff members must have received training on emergency procedures and protocols.</p> Signup and view all the answers

    Under what condition can accommodation properties be held liable for incidents at swimming pools?

    <p>If reasonable care and due diligence were not provided.</p> Signup and view all the answers

    What is a potential risk for guests using online accommodation marketplaces?

    <p>The property may be advertised inaccurately or be involved in illegal activities.</p> Signup and view all the answers

    What legal framework is relevant to the provision of liquor in hospitality settings?

    <p>Various provincial regulations affect the service of alcohol.</p> Signup and view all the answers

    What is a necessary requirement for an enforceable contract in the hospitality and tourism sector?

    <p>Mutual intention to contract</p> Signup and view all the answers

    Which of the following is NOT a requirement for promissory estoppel?

    <p>The promise was made in writing</p> Signup and view all the answers

    What is a significant consideration regarding standard form agreements in the hospitality sector?

    <p>Usually, liability limitations are enforceable</p> Signup and view all the answers

    Which of the following describes a characteristic of tortious liability in the hospitality sector?

    <p>It can arise from the condition of hospitality premises</p> Signup and view all the answers

    In the case of Flentje v Nichols, what was the focal issue of tortious liability?

    <p>An injury in the parking lot</p> Signup and view all the answers

    What is implied regarding the liability of hospitality vendors in standard form agreements?

    <p>Liability limitations can be challenged in court</p> Signup and view all the answers

    What are the two primary types of contract breaches discussed?

    <p>Breach of Condition and Breach of Warranty</p> Signup and view all the answers

    What is an important consideration for employees in accommodation properties?

    <p>Recognizing legal responsibilities</p> Signup and view all the answers

    Which of the following is NOT a functional area of accommodation properties?

    <p>Accounting offices</p> Signup and view all the answers

    What does tortious liability in the hospitality sector refer to?

    <p>Legal responsibility for negligence or wrongful acts</p> Signup and view all the answers

    What does the term 'expectation damages' relate to in contract law?

    <p>Loss of profits due to breach of contract</p> Signup and view all the answers

    In terms of contract management, who bears the responsibility for ensuring compliance with the terms?

    <p>Both parties to the contract</p> Signup and view all the answers

    Which area is commonly recognized as a public space within accommodation properties?

    <p>Lobby and washrooms</p> Signup and view all the answers

    What can be a potential outcome when a breach of warranty occurs?

    <p>Claim for expectation damages only</p> Signup and view all the answers

    What is a common misconception regarding the scope of tortious liability in the hospitality sector?

    <p>It only applies to physical injuries</p> Signup and view all the answers

    What distinguishes a breach of condition from a breach of warranty?

    <p>Conditions are critical for contract fulfillment, warranties are secondary</p> Signup and view all the answers

    Study Notes

    Torts in Hospitality and Tourism

    • Torts are classified as deliberate or careless actions.
    • Buehl Estate v Polar Star Enterprises Inc. (HCJ) involved a death at a fishing lodge, highlighting the standard of care for occupiers under the Ontario Occupiers' Liability Act.
    • Execotel Hotel Corp v EB Eddy Forest Products Co involved significant building damage to a hotel due to airborne dust, highlighting the tort of nuisance for physical damage.
    • The hospitality and tourism sector has a tortious liability concerning the treatment of customers and patrons, including incidents of loss, damage, or injury.
    • Commercial providers of alcohol face liability, like in Menow v Honsberger, where an intoxicated patron was hit by a vehicle after being ejected from a hotel.

    Contracts in Hospitality and Tourism

    • Breach of contract remedies depend on whether the breach is a condition or a warranty.
    • A condition is a fundamental term of the contract, while a warranty is a less essential term.
    • A breach of a condition allows the innocent party to terminate the contract and claim damages.
    • A breach of a warranty only allows the innocent party to claim damages.

    Accommodation Sector

    • Canada has approximately 8,500 accommodation properties.
    • Employees must be aware of their legal responsibilities regarding property safety.
    • The food service industry is heavily regulated.

    Food Service Regulation

    • Health Canada and the Canadian Food Inspection Agency (CFIA) oversee the safety and nutritional quality of food under the Food and Drugs Act and Safe Food for Canadians Act.
    • Provincial and Municipal governments directly regulate the food service industry.

    Legislative Framework for Food Safety

    • The Food and Drugs Act sets standards for food safety, with fines for violations.
    • Provincial regulations are lower in priority than the FDA.
    • Provinces have power to enact their own food safety laws.

    Provincial Regulation of Food Safety

    • Provinces regulate food safety through licensing, building standards, staff training, hygiene, record-keeping, inspections, and other measures.

    Social Host Liability

    • Social hosts are not generally liable for guests who become intoxicated.
    • Childs v Desormeaux highlighted the lack of liability for hosts regarding guests who drive while intoxicated.

    Adventure Tourism

    • Adventure tourism involves inherent risk and a paradox between risks and expected safety measures.
    • Waivers are used to minimize liability for adventure tourism operators.

    Negligence in Adventure Tourism

    • Negligence occurs when an operator fails to act with reasonable care.
    • To prove negligence, the claimant must establish the operator was careless and exposed them to unreasonable risk.

    Negligence: Standard of Care

    • The standard of care in adventure tourism was highlighted in Isildar v Rideau Diving Supply, involving a student's drowning during a scuba diving course.

    Negligence: Gross Negligence

    • Gross negligence is not covered by waivers.
    • Braid v Whistler River Adventures Ltd involved a woman's death on a rafting trip, highlighting the significant consequences of gross negligence.

    Gross Negligence: Mass Casualty Events

    • Gross negligence is further amplified in mass casualty events.
    • Ochoa v Canadian Mountain Holidays Inc involved a fatal heli-skiing avalanche, emphasizing the liability of operators in these cases.

    Waivers in Adventure Tourism

    • Operators rely on waivers to minimize liability.
    • Delaney v Cascade River Holidays Ltd involved the validity of a signed waiver following a drowning accident, emphasizing the importance of clear and understandable waivers.
    • Standardized releases are used with clear notices about the waiver's implications.

    Torts in the Hospitality and Tourism Sector

    • Torts can be deliberate actions or caused by carelessness
    • Hospitality and Tourism Sector torts include treatment of patrons, commercial providers of alcohol, condition of hospitality premises, and activities in hospitality premises
    • The Buehl Estate v Polar Star Enterprises Inc case involved a wrongful death at a fishing lodge and the lodge's liability for breach of the standard of care under the Ontario Occupiers' Liability Act
    • The Execotel Hotel Corp v EB Eddy Forest Products Co case involved significant building damage to a hotel due to dust and particles from EB Eddy. EB Eddy was found liable for the tort of nuisance for physical damage to the hotel, loss of income, and diminished value
    • The Menow v Honsberger case involved an intoxicated patron hit by a vehicle after being ejected from a hotel beverage room, resulting in a claim against the hotel
    • The Flentje v Nichols case involved a severe leg injury in the parking lot of the Buckhorn Restaurant & Banquet Facilities
    • The Murphy v Little Memphis Cabaret Inc case involved an altercation between two groups of men in a tavern and their subsequent ejection through different doors, which resulted in a claim against the establishment

    Contracts in the Hospitality and Tourism Sector

    • The necessary requirements for an enforceable contract are mutual intention, offer and acceptance, and exchange of consideration
    • A promise may be enforceable under seal or through the legal doctrine of promissory estoppel
    • Promissory estoppel requires a promise, reliance on that promise by the recipient, no wrongful behaviour by the recipient, and the promise being made within an existing legal relationship
    • The Waters v Sun Route Tours Inc case involved the conditions of the sale of a travel agency and the application of promissory estoppel
    • The most critical legal issue in standard form agreements is whether provisions negating or limiting the liability of the hospitality vendor are enforceable
    • Garofoli v Air Canada Vacation involved a disappointing vacation booked through a travel agent and the use of a disclaimer clause in the terms and conditions
    • A breach of contract can be a breach of a condition or a breach of a warranty, with different remedies for each
    • Expectation damages aim to put the innocent party in the position they would have been had the contract been performed

    The Accommodation Sector

    • Canada has approximately 8,500 accommodation properties
    • Accommodation properties have different functional and common areas, including grounds, access points, public space, common space, and guest rooms
    • Employees must recognize their legal responsibilities in different areas of the property
    • Accommodation properties must comply with provincial/territorial legislation and regional/municipal by-laws related to fire and emergencies
    • All staff should have training on emergency procedures and protocols
    • Accommodation properties are liable for accidents at swimming pools if they fail to provide reasonable care and due diligence
    • Highly visible signage about risks and proper equipment maintenance are crucial for swimming pools
    • Airbnb and other online accommodation marketplaces act as brokers between guests and hosts
    • Guests and hosts should exercise caution when considering these accommodations and watch out for potential issues like vandalism, inaccurate property descriptions, illegal activities, or guests refusing to leave.

    The Food and Alcohol Sector

    • The food service industry is heavily regulated
    • The federal government focuses on safety and quality of food and drink, not the premises
    • Health Canada and the Canadian Food Inspection Agency (CFIA) are responsible for enforcing the Food and Drugs Act and Safe Food for Canadians Act
    • Provincial and municipal governments directly regulate food service and may delegate enforcement to local or provincial health units
    • Table 6.1 lists the responsible authorities by province and territory
    • The Food and Drugs Act sets standards for food safety and nutritional quality throughout Canada
    • Provincial rules are lower in priority than the Food and Drugs Act
    • Each province can enact its own laws and regulations regarding food service
    • Provincial regulation of food safety includes permits and licensing, building standards, equipment standards food storage and handling, garbage disposal, cleaning and sanitizing, staff training, hygiene and health, record-keeping and protocols, and inspections
    • Commercial hosts are liable for breaches of the common law, including the sale of alcohol to minors or intoxicated patrons
    • Social hosts may be held liable for the provision of liquor, depending on the specific circumstances
    • Standard operating procedures should be in place to ensure the safe and responsible service of food and alcohol.

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    Hospitality and Tourism Law in Canada PDF

    Description

    Explore key concepts of torts and contracts within the hospitality and tourism industry. This quiz covers landmark cases that illustrate liability issues, as well as the distinctions between conditions and warranties in contracts. Test your knowledge of the legal framework that governs this vital sector.

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