HSP_MGMT 1133 1st Edition Lecture 16 Outline of Last Lecture I. Smoking/tobacco and the legal systema. ADA laws with smokingb. MO Smoking lawsi. Designated Smoking Areasc. Columbia local smoking lawsd. Pros and Cons of smoking lawse. Smoking and employmentOutline of Current Lecture I. Zoning LawsII. Trademark and trademark infringementIII. Copyright and copyright infringementIV. Performing rights licensing agenciesa. FIMLAV. Safety and property loss claimsa. Hotelsb. Bailmentc. Lost and found situationsCurrent LectureOther restrictions on property uses and occupationZoning laws p 114Trademark and Trademark infringement p 117These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Protects a business from someone stealing its trademark- To prevent confusion in the marketplace - Ex: big 12 bar and grill- big 12 conference said they were infringing on their rights owning the big 12 phraseCopyright and copyright infringement p 116 - Intellectual property- someone else’s ideas- Bars have to have a contract to play people’s music, they pay for itPerforming rights licensing agenciesFIMLA of 1998- Fairness in Music Licensing Act- Small business are allowed to play the radio all day, bigger businesses have to pay for musicSafety of Property and property loss claims-Ch 6Hotels- Common law rule--Infra Hospitium---"within the inn"- said that once a guests’ property was brought within the hotel, the hotel was responsible for it; this is sometimes called strict liability- How did this differ from rules on personal injuries? –hotels are not strictly liable for guests’ personal injuries, they are only liable for injuries if they were negligent- Harsh common law rule led to adoption of Money and Valuables statutes- Limit the amount of money that the hotel has to pay out if someone’s stuff was stolen- Type of property covered- Special procedures the hotel has to follow to get the benefit of the law=- Example- Mo law of money and valuables: 419-010 o 200 dollars unless the hotel agrees in writing to take more exposureo What’s covered? Money, jewelry, wearing apparel, baggage or other property of a guest o Cars are not covered- Notice of the law must be posted inside each hotel room- Regarding $$$$ jewelry or baggage the Innkeeper is not liable at all unless it was actually received by Innkeeper unless it is proven that loss is due to gross negligence or intentional wrongdoing of Hotel or employees. Note: This limits the scope of the Hotel’s liability and encourages guests’ to turn property overNegligence and Negligence per se may be a theory of liability if strict liability does not applyBailment- property relationship where Bailor delivers property to a Bailee; the Bailor is only responsible for what he is aware of (so if he didn’t know there was $100 in a coat pocket, he’s not liable for it)- Duty of care- Duty to returnEx: Valet parking, coat check room, Lost and found situations-Ch 6---What rules?Lost property- judging where the property was found, the person did not leave it there; ex: money in the hallwayMislaid property- judging from where it is found, it was purposely left there but the person forgot about it; ex: money in a drawer Abandoned property- property that is trivial or insignificant in value; ex: socks, a few beers, etcFranks v Pritchett p 109- Franks found $14,000 in cash in a hotel room drawer- Franks sued Pritchett for the right to the money because he found it, Pritchett said it was mislaid property which means the owner the building where the property was found has aright to it- Finder prevails over everybody except the true owner of the property, unless it was mislaid—then the building owner
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