Torts in Hospitality and Tourism Law
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Questions and Answers

What determines the alternatives available to an innocent party in case of a breach of contract?

  • The nature of the breach (correct)
  • The size of the contract
  • Public opinion
  • The agent's recommendations

    • Which area is NOT considered part of accommodation properties?

  • Public space
  • Private residences (correct)
  • Guest rooms
  • Common space

    • Why must employees in the accommodation sector recognize their legal responsibilities?

  • To ensure guest satisfaction
  • To avoid legal liabilities (correct)
  • To increase sales
  • To maintain industry standards

    • What is a notable method of classifying torts?

    <p>By the intention behind the tortious act</p> Signup and view all the answers

    In the case of Buehl Estate v Polar Star Enterprises Inc., what was the primary legal issue?

    <p>Death resulting from improper safety measures</p> Signup and view all the answers

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

    <p>Nuisance resulting in physical damage</p> Signup and view all the answers

    In the context of alcohol service, what was highlighted by the case Menow v Honsberger?

    <p>Legal responsibility for serving intoxicated patrons</p> Signup and view all the answers

    What must hospitality providers demonstrate regarding tortious liability?

    <p>A high standard of care for guest safety</p> Signup and view all the answers

    What type of claim can result from subjects such as airborne dust affecting a hotel?

    <p>Claims associated with nuisance</p> Signup and view all the answers

    What is a characteristic of torts that arise from carelessness?

    <p>They involve accidental injuries or damages.</p> Signup and view all the answers

    What is a significant maintenance issue that guest and service elevators must address?

    <p>Calibration to stop at alignment with floors</p> Signup and view all the answers

    Which safety feature must guest rooms provide?

    <p>Fire escape routes</p> Signup and view all the answers

    Which item must comply with government requirements in accommodation furniture?

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

    What must be secured during maintenance work on ceiling or wall enhancements?

    <p>Pedestrian traffic in the area</p> Signup and view all the answers

    What type of lighting must be up to code in accommodations?

    <p>Fire exit lighting</p> Signup and view all the answers

    What responsibility does the front desk have regarding emergency situations?

    <p>Coordinating with emergency services</p> Signup and view all the answers

    Which element is important for ensuring safety in lobby areas?

    <p>Presence of adequate lighting.</p> Signup and view all the answers

    What should be considered to improve safety in public areas of accommodations?

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

    What is the role of vestibules in accommodation design?

    <p>They help control weather elements and protect interiors.</p> Signup and view all the answers

    How can the risk of injuries in lobby areas be minimized?

    <p>Through appropriate floor finishes and regular maintenance.</p> Signup and view all the answers

    What does gross negligence imply in the context of waivers?

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

    What is a key factor in the enforceability of a waiver?

    <p>The waiver must be a separate, stand-alone document.</p> Signup and view all the answers

    What is often accused of hindering customers' ability to understand waivers?

    <p>The pressure to sign the waiver immediately.</p> Signup and view all the answers

    What must standardized waiver releases include at the top?

    <p>A bold notice of liability release and waiver of claims.</p> Signup and view all the answers

    What defines the standard of care in negligence cases?

    <p>It varies based on the specific circumstances of each case.</p> Signup and view all the answers

    What distinguishes torts that arise from a deliberate action of the tortfeasor from those caused by carelessness?

    <p>The intention behind the action</p> Signup and view all the answers

    What type of tort is associated with the claim in Execotel Hotel Corp v EB Eddy Forest Products Co?

    <p>Nuisance for loss of income</p> Signup and view all the answers

    What issue is highlighted regarding commercial providers of alcohol in the hospitality sector?

    <p>Handling of intoxicated patrons</p> Signup and view all the answers

    What is a common reason for tortious liability in the hospitality sector?

    <p>Injury to a patron on the premises</p> Signup and view all the answers

    What is a critical maintenance issue for guest and service elevators?

    <p>Accurate calibration to stop in alignment with destination floors</p> Signup and view all the answers

    What safety feature must be included in guest rooms?

    <p>Shatter-resistant glassware</p> Signup and view all the answers

    Why is adequate lighting important in accommodations?

    <p>To assist with safety, floor perception and pitch recognition</p> Signup and view all the answers

    What should management be most concerned about in food and beverage outlets?

    <p>Intoxicated guests</p> Signup and view all the answers

    What is the primary distinction between a breach of a condition and a breach of a warranty?

    <p>Breach of a condition results in the right to terminate the contract.</p> Signup and view all the answers

    Which of the following is a key responsibility of employees in the accommodation sector?

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

    What is an example of a common space in accommodation properties?

    <p>The lobby area</p> Signup and view all the answers

    What is typically provided at the top of standardized waiver releases?

    <p>A clear statement of risks involved and the rights that are being given up</p> Signup and view all the answers

    What aspect is crucial for safeguarding the interests of guests in accommodations?

    <p>Ensuring compliance with safety regulations</p> Signup and view all the answers

    Which element is critical for maintaining safety in public areas of accommodations?

    <p>Crowd congregation considerations.</p> Signup and view all the answers

    What is a significant safety concern related to lobbies in accommodation facilities?

    <p>High traffic volumes increase cleaning needs.</p> Signup and view all the answers

    The case Buehl Estate v Polar Star Enterprises Inc. involved a claim against a fishing lodge for breach of the standard of care.

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

    Execotel Hotel Corp v EB Eddy Forest Products Co involved claims for emotional distress due to building damage.

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

    The Menow v Honsberger case highlighted issues related to serving alcohol to intoxicated patrons.

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

    Commercial hosts owe a duty of care to avoid harm from patrons' over-consumption of alcohol.

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

    Cases like Jordan House Ltd v Menow illustrate commercial host liability in cases of alcohol over-consumption.

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

    Study Notes

    Torts in the Hospitality and Tourism Sector

    • Torts can be classified as intentional acts or negligence
    • Cases involving torts in the hospitality and tourism sector usually involve customer injuries or damage to property
    • Examples of torts in this sector include:
      • Buehl Estate v Polar Star Enterprises Inc (HCJ): This case involved a death at a fishing lodge and a claim against the lodge for breach of the standard of care of an occupier under the Ontario Occupiers’ Liability Act.
      • Execotel Hotel Corp v EB Eddy Forest Products Co: This case involved significant damage to a hotel due to airborne dust and wood particles. The hotel sued EB Eddy for the tort of nuisance due to physical damage to the hotel roof, loss of income, and diminished value of the property.

    Commercial Providers of Alcohol

    • Providers of alcohol may be legally responsible if their patrons are injured.
    • Menow v Honsberger: This case involved an intoxicated patron being hit by a vehicle after being ejected from a hotel bar. The patron sued the hotel for negligence.

    Contracts in the Hospitality and Tourism Sector

    • When a contract is breached, the innocent party can pursue remedies depending on the type of breach:
      • Breach of a condition: A fundamental term of the contract has been broken. This entitles the innocent party to terminate the contract and seek damages.
      • Breach of a warranty: A minor term of the contract has been broken. This entitles the innocent party to seek damages, but not to terminate the contract.

    Accommodation Sector

    • There are approximately 8,500 accommodation properties in Canada.
    • Each property needs to be safe and secure, with specific considerations for different areas.
    • Examples of safety considerations in accommodation properties include:
      • Entranceways and exits: User-friendly, accessible, and safe.
      • Glass doors: Constructed and maintained to avoid injuries.
      • Revolving doors: Monitored for misuse causing injuries.
      • Automatic doors: User-friendly accessibility.
      • Vestibules: Protect the interior environment from weather elements.
      • Lobbies: Proper cleaning and maintenance, adequate lighting, and signage.
      • Stairwells, staircases, and stairs: Adequate safety features and regular maintenance to prevent falls.
      • Public areas: Crowd control, traffic flow, and safe furniture and fixture placement.
      • Guest and service elevators: Operationally and mechanically complete; adhering to compliance requirements.
      • Dumbwaiters: Clear signage for appropriate use.
      • Lighting and light fixtures: Adequate lighting throughout the property.
      • Furniture: Secure and compliant with safety regulations.
      • Ceiling, wall beautifications: Securely mounted.
      • Food and beverage outlets: Proper signage for exclusive areas and crowd control.
      • Guest rooms: Safe and secure, with fire escape routes and legal notices.
      • Front desk and managerial and support offices: Proper signage for restricted areas and procedures for coordinating emergency services.

    Negligence

    • Standard of Care: Accommodation providers must ensure their establishments comply with the standard of care to prevent injury.
    • Gross Negligence: In cases of gross negligence, a waiver may not protect the business from liability.
    • Gross Negligence: Mass Casualty Events: The implications of gross negligence are amplified when a mass casualty event occurs.
    • Waivers: Businesses that require customers to sign waivers should ensure the process is clear, transparent, and allows customers time to review the form.

    Cases for Study:

    • Isildar v Rideau Diving Supply: This case involved the drowning of a student during a scuba diving course.
    • Braid v Whistler River Adventures Ltd: This case involved the death of a woman who was thrown from a river raft.
    • Ochoa v Canadian Mountain Holidays Inc: This case involved a helicopter skiing accident that killed nine skiers.
    • Delaney v Cascade River Holidays Ltd: This case involved the validity of a waiver following the drowning of three participants in a river rafting trip.

    Torts in the Hospitality and Tourism Sector

    • Torts can be categorized based on whether they are intentional or unintentional actions.
    • The Buehl Estate v Polar Star Enterprises Inc. case involved a death at a fishing lodge, resulting in a claim against the lodge for breach of the standard of care owed by an occupier under the Ontario Occupiers’ Liability Act.
    • The Execotel Hotel Corp. v EB Eddy Forest Products Co. case involved a significant building damage to a hotel due to airborne dust and wood particles, leading to a claim against EB Eddy for the tort of nuisance.
    • Businesses in the hospitality and tourism sector can be held liable for torts if a patron sustains loss, damage, or injury on their premises.
    • Hotel's may be held liable for injuries to intoxicated patrons that were served alcohol, as in Menow v Honsberger.

    Contracts in the Hospitality and Tourism Sector

    • The remedies available to an innocent party for a breach of contract depend on the nature of the breach, which can be either a breach of a condition or a breach of a warranty.
    • Remedies for breach of contract can include expectation damages.

    Accommodation Sector Introduction

    • Canada has approximately 8,500 accommodation properties.
    • These properties have various functional areas that require proper safety and legal compliance.

    Elements of Accommodation

    • All entranceways and exits need to be user-friendly and meet safety standards, with current signage, adequate lighting, appropriate footing, acceptable temperature, and a sense of security.
    • Glass doors need to be designed to prevent injuries.
    • Revolving doors require monitoring to prevent misuse causing injuries.
    • Automatic doors need to be user-friendly.
    • Vestibules protect the interior environment from weather elements.
    • Lobbies are high traffic areas, requiring proper cleaning, floor maintenance, and clear signage.
    • Stairwells and staircases need to be well maintained to prevent falls and missteps.
    • Public safety is paramount in public areas, requiring careful consideration of crowd congregation, traffic flow, and furniture placement.
    • Guest and service elevators must be operational, mechanically complete, and meet fire service requirements.
    • The use of dumbwaiters should have visible signage to remind users of safety measures and liability.
    • Adequate lighting is crucial for floor perception and pitch recognition, both indoors and outdoors.
    • Furniture, such as bar stools, should be weighted for stability and cribs need to meet government requirements.
    • Ceiling and wall decorations need to be securely mounted and restricted areas should be closed to pedestrian traffic when works is occurring.
    • Food and beverage outlets require appropriate signage, and management needs to carefully consider managing intoxicated guests.
    • Guest rooms must be safe, secure, and include fire escape routes and legal notices.
    • Other considerations for guest rooms include smoke detectors, shatter-resistant glassware, lighting, ceiling damage, windows, balcony/patio doors, and bathrooms.
    • Front desk and managerial offices should have proper signage and the front desk needs to coordinate with emergency services when necessary.

    Social Host Liability

    • Social hosts are typically not held liable if a guest becomes intoxicated.
    • The Childs v Desormeaux case addressed the liability of New Year’s Eve party hosts for a guest who drove while intoxicated and caused injury and death.

    Adventure Tourism

    • Adventure tourism involves inherent risks, including physical, mental, and emotional injuries.
    • Operators are expected to mitigate risks, but the use of waivers can impact the duty of care owed to participants.
    • The Loychuk v Cougar Mountain Adventures Ltd case involved a high-speed collision on a zipline, highlighting the use of waivers to minimize liability.

    Negligence

    • Negligence in adventure tourism involves a failure to act with reasonable care.
    • For a guide to be negligent, they must be careless and expose the claimant to unreasonable risk.

    Torts in Hospitality and Tourism

    • Torts are classified into intentional and negligent actions.
    • Buehl Estate v Polar Star Enterprises Inc. (HCJ): A claim against a fishing lodge for breach of the standard of care of an occupier under the Ontario Occupiers’ Liability Act due to a death at the lodge.
    • Execotel Hotel Corp v EB Eddy Forest Products Co: A claim against EB Eddy for the tort of nuisance for physical damage to a hotel's roof, loss of income, and diminished value of the hotel due to airborne dust and wood particles.
    • Hospitality providers owe patrons a duty of care to prevent loss, damage, or injury on their premises, or during hospitality-related activities.
    • Menow v Honsberger: A claim against a hotel after an intoxicated patron, ejected from the hotel beverage room, was hit by a vehicle.

    Food Service Industry Regulation

    • Jurisdictional Framework: Federal, provincial, and municipal levels of government regulate the food service industry.
    • Federal: Focuses on food and drink safety. Health Canada and the Canadian Food Inspection Agency (CFIA) enforce the Food and Drugs Act and Safe Food for Canadians Act.
    • Provincial and Municipal: Direct role in regulating the industry with permits, licensing, and inspections. Responsible authorities vary by province: refer to Table 6.1.
    • Legislative Framework: The Food and Drugs Act sets standards for all food sold in Canada; Provincial regulations are lower in priority.
    • Provincial Regulation of Food Safety: Covers permits, licensing, building standards, equipment, food storage and handling, garbage, cleaning, sanitizing, staff training, hygiene, health, record-keeping, labeling, and menus.
    • Sale of Goods Acts: Provincial legislation that includes an implied condition that food offered by a food service operator is suitable for immediate human consumption.
    • Common Law Liability: Food providers owe patrons a duty of care to serve safe food.
      • Heimler v Calvert Caterers Ltd: A claim against a caterer after wedding guests contracted typhoid fever from the catered food.
      • Gee v White Spot Ltd: A claim against a restaurant for failing to provide food fit for human consumption.

    Service of Alcohol Regulation

    • Licensing and Eligibility: Licensing requirements determine who can operate a liquor establishment, including age restrictions and conditions for licensing.
    • Duties of a Licensee: Licensees have specific duties to patrons, including serving alcohol responsibly.
    • Building Requirements: Establishments are subject to building codes related to safety and capacity.
    • Source of Alcohol: May be subject to specific regulations, such as requirements to purchase from licensed wholesalers.
    • Hours of Operation: Specific hours for service may be restricted by regulations.
    • Employee Training and Conduct: Requirement for staff training on responsible service of alcohol, age verification, and conflict management.
    • Intoxicated or Disorderly Persons: Licensees have a duty to respond responsibly to intoxicated or disorderly individuals.
    • Drink Size and Price: Regulations might limit drink sizes or set minimum prices.
    • Entertainment/Games: Regulations may apply to types of entertainment and games permitted within licensed establishments.
    • Advertising and Responsible Consumption of Liquor: Restrictions on advertising, promotions, and encouraging responsible consumption.
    • Record-Keeping, Inspections, and Penalties: Record-keeping requirements for sales, customer information, and employee training as well as regular inspections and penalties for non-compliance.

    Commercial Host Liability

    • Licensees have a duty to prevent harm to patrons and foreseeable third parties resulting from over-consumption of alcohol.
      • Jordan House Ltd v Menow: Established the principle that licensees are liable for patrons' actions if they knew or ought to have known that the patron was drunk.
      • Cormier v Lecopo Ltd: A claim against a bar where a patron got into an argument with another patron, injuring him with a knife.
      • Stewart v Pettie: A claim against a bar where a patron drove drunk after leaving the establishment and caused an accident.
    • Social Host Liability: A social host is typically not liable for guests getting intoxicated, except in cases of gross negligence or providing alcohol to underage individuals.
      • Childs v Desormeaux: A landmark case that clarified social host liability in Canada – the hosts were not liable for a guest who drove drunk and injured others.

    Adventure Tourism Law

    • Introduction: Risk is inherent in adventure tourism, but operators must take reasonable care to mitigate risks.
    • Waivers: Frequently used to minimize liability of adventure tourism operators.
      • Loychuk v Cougar Mountain Adventures Ltd: A case where a waiver was challenged after a zipline collision.
    • Negligence: Requires proof that an operator failed to act with reasonable care and exposed a claimant to unreasonable risk.
      • Isildar v Rideau Diving Supply: A case involving the drowning of a student during a scuba-diving course, raising questions about appropriate supervision and training.
    • Gross Negligence: A waiver does not protect an operator from liability for gross negligence.
      • Braid v Whistler River Adventures Ltd: A case about a woman who drowned after being thrown from a raft due to an employee's negligence.
    • Mass Casualty Events: Liability is amplified in cases of severe injuries, death, or mass casualty incidents.
      • Ochoa v Canadian Mountain Holidays Inc: A case involving the deaths of nine heli-skiers in an avalanche.
    • Waivers and Releases: Waivers must be detailed and clearly communicated, and should not be used to absolve an operator from all responsibility.
      • Delaney v Cascade River Holidays Ltd: Challenged the validity of a waiver in a drowning case.
    • Standardized Releases: Standardized forms are often used and require clear notice to the participant, outlining the waiver’s implications.

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    Description

    Explore the intricacies of torts within the hospitality and tourism industry. This quiz covers key cases highlighting both intentional and negligent acts, as well as the responsibilities of commercial alcohol providers. Test your knowledge on landmark cases and their implications in this sector.

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