HMD 401 Hospitality Law

Defense of....If plaintiff has any negligence and contributed at all they do not receive recovery contribution.

Plaintiff greater Fault than D: P gets nothingP less at fault than D: recovery is reduced by P's faultP:30%D:70%P gets 70%Defense to...

Regardless of fault, Plaintiff's recovery is reduced by their own faultP-95% at faultD-5% at faultResult: P gets 5% damages

Defense to... Plaintiff cannot recover for injury to which they assent(voluntarily exposes self to known/appreciated danger)

No negligence for this age

Not settled in court, no strict rule (negligence)

Held to standard of ordinary kid of same age with like mind, maturity, etc...

Held to ordinary negligence standard

Person can recover from this when the following are present:Close Relationship (parent-child, husband-wife)Close proximity to the accidentSees person injured (contemporaneous experience of incident)Damages (depends on jurisdiction)-Some courts: mental injury is enough (depression)-others: need mental AND physical manifestation (depression+night sweats, screaming, other ailments)

Libel/Slander: written vs. spokenCriteria to Prove:1. untrue statement2. published/communicated to 3rd party who understood it3. damages/injury (actual presumed)-statement is about your business/profession-statement claims you have a loathsome disease-crime involving moral turpitude (mistress)-unchastity of a woman

1. False statement concerning another2. unprivileged publication/communication to 3rd party who understood it3. fault on part of publisher that amounts to at least negligence4. Damages/injury (actual/presumed) if statement is about:--statement about business/profession--claims you have loathsome disease --imputes you committed a crime--imputes you engaged in serious sexual misconduct

Third-party responsible to stand in shoes of another to accept liability. Seen frequently in maintenance clauses.Ex: hotel elevator/escalators have third party contractors that are responsible for malfunctions. Not responsible if they have been tampered with.

Substitution of one party (insurance) into shoes of another (insured). Companies have the right to sue any party whom is insured to recover costs.
Assuming insured has insurance for auto theft, an insurance company would issue their insured the fair market value (may/may not be what is financed). Ex: Valet a car and it is totaled.

Delivery of goods or personal property by one person (bailor) to another (bailee) in trust and upon contract to redeliver or dispose of conformity with contract.VoluntaryInvoluntaryGratuitousFor hireProfessional

Arises with sale of goods (like all warranties)-pictures on a menu, affirmations of fact, statements by EEs