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36 Cards in this Set

  • Front
  • Back

Absolute liability

act of God

things such as earthquakes, lightning, snowstorms, tornadoes, and floods

Bailee

the person receiving possession of goods or personal property

Bailment

a transfer of possession of goods or personal property from a person in possession of the property to another with the understanding that the property will be returned.

Bailment for the sole benefit of the bailee

the bailor receives no benefit from the bailment

Bailment for the sole benefit of the bailor

the bailee receives no benefit from the bailment

Bailor

the owner of goods of personal property who transfers such property to a bailee

Concessionnair

an independent contractor who provides a service to a hotel's guest

Conspicuous

out in the open; easily seen

Constructive bailment

bailment created by law rather than by the parties agreeing

Equitable estoppel

a legal principle that precludes a person from claiming a right or benefit that might otherwise have existed because that person made a false representation to a person who replied on it to his or her detriment

infra hospitium

Meaning "Within the Inn"

Limiting liability statutes

laws that restrict an inn-keepers' liability for property loss in exchange for strict statutory compliance by the innkeeper.


Also called: Limiting statutes

merchandise samples

samples of goods for sale brought to a hotel by a salesperson-guest

mutual-benefit bailment

exists when both parties receive some benefit from the bailment

prima facie

such evidence as will suffice to establish a cause of action until contracted and overcome by other evidence

prima facie liability rule

a rule that states that hotel-keepers are liable for property loss only if the loss occurs through their negligence

public enemy

includes wartime and terrorist activities

strict liability

also called Absolute Liability, the doctrine that imposes all the risks of an ultra-hazardous activity upon those who engage in it

Ch. 9

Ch. 9

Assault

the tort of intentionally putting someone in fear of harmful physical contact such as making a fist to punch someone

Battery

the tort of causing harmful physical contact to a person such as punching someone

criminal possession of stolen property

act of knowingly taking possession of stolen property with intent to benefit someone other than the owner.

erty

find.

defamation

the tort of making false written statements about someone to a third person when those statements subject the former to ridicule or scorn

defraud

to cheat or trick, intentionally misrepresenting an important fact intending for someone to rely on the misrepresentation and thereby suffer damages

evict

legal process by which a judge grants the removal of a tenant, by force if necessary, from a rental property for a specific reason

excessive force

unnecessary force, more than is required to defend oneself

false arrest

intentional and unprivileged detention or restraint of another perosn

issuing a bad check

a check for which the maker has insufficient funds in the bank, or a check written on an account that has been closed

forgery

the unauthorized alteration, completion, or making of a written instrument with intent to defraud or decieve

libel

written defamation (false written statements)

lien

a charge or obligation due to owning against real or personal property for the satisfaction of a debt.

privilege

an ability to communicate alleged wrongful acts without fear of a lawsuit for statements believed to be true but ultimately determined to be false

slander

the tort of making defamatory statements orally, as opposed to in writing

tresspass

entry to another's property without right or permission