Business Law

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Business Law

• Chapter 20
• Carriers and Hotelkeepers

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Carriers and Hotel Keepers

• Kinds of Carriers
• Common Carrier
• Transports the general public for pay.
• Subject to government regulation

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Kinds of Carriers

• Contract Carrier
• Carrier limits who it will do business with
• Must take reasonable care
• They are not required to insure goods in their
  care
• Covered by rules of Bailment covered in chapter 19

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Kinds of Carriers

• A Private Carrier
• Carries only their own goods
• Examples
• Store delivery trucks
• Private planes

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Regulation

• Interstate Commerce is Regulated by the Federal
  Government
• Regulation started in 1887.
• Deregulation was started in 1978 to simplify
  regulation

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Interstate Commerce Commission

• ICC regulates
• Rates
• Disruptions
• Safety Issues

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Common Carriers of Goods

• Must serve everyone who asks to be served.
• They are responsible for goods trusted to their
  care, even if they did nothing wrong.

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Common Carriers

• Exceptions to their responsibility
• Acts of God.
• Act of a Public Enemy (Invading Army)
• Act of Public Authority
• Example Goods take for health reasons

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Common Carriers

• More exceptions to responsibility
• Fault or carelessness of the shipper
• Mislabeling
• Poor Packing
• Nature of the goods
• Fruit rotting
• Liquids evaporating

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Common Carriers of Passengers

• Duties to Passengers include offering services to
  everyone except
• When all available space is taken or reserved
• When passengers are
• Disorderly
• Intoxicated
• Insane
• Infected with a contagious disease

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Common Carriers of Passengers

• May also refuse service to anyone they consider
  to be a danger or refuses to consent to a search
  of their person or baggage.
• There are other examples of when they may refuse
  service in the book. They might be on the test.

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Common Carriers

• Must provide refreshments, offer to sell
  refreshments or provide rest stops where
  passengers can purchase refreshments.

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Common Carriers

• Removal of Passengers
• A passenger can be removed for any reason they
  would not have been allowed on in the first
  place.
• A passenger can also be removed for failure to
  pay the fare.
• A passenger cannot be left in a place where they
  are in danger or could suffer great personal loss.

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Common Carriers

• Passenger Safety
• Generally carriers are responsible for the safety
  of passengers including acts of its employees.
• Exceptions include
• Passengers own negligence
• Passenger violates carriers reasonable rules

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Common Carriers

• Duty ends at the final destination
• Exception are cruise ships
• Carrier must warn of dangers at each port of
  call.
• Liability ends at the end of the cruise.

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Common Carriers

• Airlines Passengers
• If youre bumped due to overbooking
• You are due Overbooking Compensation
• You get alternative transportation
• Plus your money back
• Hotel and meals if needed

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Airline Baggage

• Misdirected bags must be returned at airlines
  expense
• Compensation for some loss of use or replacement
  items
• Liability is limited to 1,250 per passenger
  according to the book.

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Hotelkeepers

• Regularly offers room to guests (Called
  Transients) for a price
• Relationship starts when a guest surrenders their
  luggage to a porter or enters hotel
  transportation and ends when the bill is paid.

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HotelKeepers

• A lodger is a guest who stays for a definite
  period of time.

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HotelKeepers Responsibilities

• Must take all guests unless a danger to the
  health or welfare of other guests.
• They do not need to accept people who cannot pay
  for their stay.

21
Guests Privacy

• Hotelkeeper must guaranty the guests right to
  privacy.
• Guests can sue for invasion of privacy.

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Security of Guests Property

• To a certain level hotelkeepers are insurers of
  their guests property.
• There are limits on liability set by state
  statute.
• Exceptions are made for fires where the
  hotelkeeper is not at fault.
• Hotelkeepers must provide a safe for valuables.

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Guests Comfort and Safety

• Hotelkeepers must meet certain standards for
  cleanliness and safety.
• They can be held libel for negligence if they do
  not.
• Rooms must be reasonably quiet and guests must be
  protected from criminals, hoodlums and persons
  of immoral character

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Hotels Right to Payment

• Hotels can have a lien on guests personal
  property until the bill is paid.
• Roomers (Longer term guests) have additional
  rights and a lien usually cannot be placed on
  their property.
• Laws do vary by state.

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Guests Obligation

• You may not have an unregistered guest overnight.
• You must register at the desk before occupying
  your room.
• You must check out when you leave.