Presentation on theme: "Chapter 1 Introduction to Contemporary Hospitality Law"— Presentation transcript:
1 Chapter 1 Introduction to Contemporary Hospitality Law Hotel, Restaurant, and Travel Law: A Preventive Approach, Seventh EditionChapter 1Introduction to Contemporary Hospitality Law
2 Review : Answer the definition Liaisoncommunication or cooperation that facilitates a close working relationship between people or organizations:a person who acts as a link to assist communication or cooperation between groups of people外國在台非營利組織或無營運收入之分支機構、辦事處或聯絡處的辦公費用, 包括派駐人員薪資但不含本地雇員薪資
3 Review : Answer the definition Unlimited Company(無限公司)which term denotes a company organized by two or more shareholders who bear unlimited joint and several liabilities for discharge of the obligations of the company.Limited Company(有限公司)which term denotes a company organized by one or more shareholders, with each shareholder being liable for the company in an amount limited to the amount contributed by him.
4 Review : Answer the definition Unlimited company with limited liability shareholders(兩合公司)which term denotes a company organized by one or more shareholders of unlimited liability and one or more shareholders of limited liability; among them the shareholder(s) with unlimited liability shall bear unlimited joint liability for the obligations of the company, while each of the shareholders with limited liability shall be held liable for the obligations of the company only in respect of the amount of capital contributed by him.
5 Review : Answer the definition Company Limited by shares(股份有限公司)which term denotes a company organized by two or more or one government or corporate shareholder, with the total capital of the company being divided into shares and each shareholder being liable for the company in an amount equal to the total value of shares subscribed by him. The name of a company shall indicate the class to which it belongs.
6 Review : Answer the definition Civil Air Transport Enterprisemeans an undertaking directly engaging in the transportation by aircraft of passengers, cargo and mail for compensation or hire.
7 Key Terms Chapter 1 P.13 Compensatory damages Punitive damages PrecedentsCase decisionStare decisisTheft of services (from New York)
8 Principles of Hospitality Law RestaurantsBarsHotels, inns, B & B’s, motelsTravel agentsAirlines
9 Principles of Hospitality Law (continued) CasinosAmusement parksTheatersNight clubsSports facilities
10 Sources of Law Constitutional law Delegated powers—expressly allocated to the federal government in the ConstitutionInterstate commerce—business affecting more than one stateLegislative process—method by which Congress adopts laws
11 Procedures Check co name setup Apply forms submitted to “Competent authority”Corporate charter(公司章程)Business areas(營業項目)Preopening office(開立籌備處帳戶,大章)Reserved capital (公司準備金)Certificate of profit seeking enterprise(公司執照)
12 Why do we need to understand? Your right and obligation to check the information of a co when you want to work and dedicate in this co.Do companies follow the rule to run the business?What kind of company do you like to dedicate to?
13 Different co advantages—copy version Sole proprietyPartnershipCo unlimitedCo limited
14 Sources of Law (continued) Statutory lawLaw promulgated by legislators and generally agreed to by the executive (president, governor, or mayor)Statute—law adopted by federal or state legislatureOrdinance—law adopted by local legislature
15 Sources of Law (continued) Common lawConsists of legal rules that evolved from decisions of judges and from custom and practiceGradually modified as habits were modified, as new inventions created new wants and conveniences, and as new methods of doing business developed
16 Sources of Law (continued) PrecedentsCase decision —interpretation of the law applied by a judge to a set of facts in a given casePrecedent —case decision becomes precedentStare decisis—process of following earlier cases gives some uniformity to the law
17 Sources of Law (continued) To some extent statutes and common law are intertwinedEx: Civil law and business law in TaiwanSometimes statutes are adopted to modify common law
19 Administrative LawRefers to laws that define powers, limitations, and procedures of administrative agenciesAdministrative agency—governmental subdivision charged with administering legislation that applies to a particular industryLaws adopted by administrative agencies are called regulations
20 Administrative Law (continued) Food and Drug Administration—oversees food and pharmaceutical industriesFederal Communications Commission—oversees the communications/broadcasting industryConsumer Product Safety Commission— polices the safety of consumer products
21 Role of the JudgeMakes the law in cases where no precedent or statute existsInterprets the law in cases where a statute appliesAppellate judges—also review decisions of other judges
23 Civil and Criminal Law Civil law—wrong done to an individual Criminal law—wrong considered to be inflicted on society
24 Civil and Criminal Law (continued) ObjectivesCivil lawsuit—compensation for an injuryCriminal lawsuit—punishment of the wrongdoer
25 Civil and Criminal Law (continued) Civil lawsuitPerson who commences the lawsuit is the injured personCriminal lawsuitPerson who undertakes the lawsuit is society-at-large, usually referred to as “The State of …” or “The People of the State of …” or “The Commonwealth of …”
26 Examples of Civil Law Contract An agreement between two or more parties that is enforceable in court
27 Examples of Civil Law (continued) TortsNegligence—breach of a legal duty to act reasonablyTrademark infringement—use of another company’s business name or logo without permissionFraud—intentionally untruthful statement made to induce reliance by another person
29 Remedies in Civil Cases Remedy sought by the injured party in a civil case is damages (money)Compensatory damages—money given to compensate for injuriesIncludes out-of-pocket expensesMedical billsLost wagesPain and sufferingPhysical distress or mental anguishLoss of enjoyment of life
30 Remedies in Civil Cases (continued) Punitive damagesMoney in excess of compensatory damagesPunish or make an example of the defendantAwarded only in cases where defendant’s wrongful acts are aggravated by violence, malice, fraud, or a similar egregious wrong
31 Examples of CrimesTheft of services—using services (e.g., hotel room) without paying and with intent to avoid paymentAssault—intentionally putting someone in fear of harmful physical contactBattery—causing harmful physical contact to a person
32 Penalties and Remedies in Criminal Cases Community serviceFinesProbation—criminal offenders remain out of jail, supervised by probation officerDeath in some states
33 How to Read a Case Judges’ written decisions are called cases Books in which cases are published are called case books
34 How to Read a Case (continued)--- Important: How do you write a case in law? Identify four elements as you read the case P.12The facts—circumstances that gave rise to the lawsuitThe issue—legal question that the parties want resolvedThe judge’s decision—judge’s response to the issueThe reasoning supporting the decision—basis and rationale for the decision