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Hospitality Law
Hospitality law is a legal and social practice related to the treatment of a person's guests or those who patronize a place of business. Related to the concept of legal liability, hospitality laws are intended to protect both hosts and guests against injury, whether accidental or intentional. Duty to guests Hotels and other business operators are expected to "act prudently and use reasonable care" to ensure that their premises are (reasonably) free of risk. While not specifically requiring that a business owner ensure his guests are safe, most jurisdictions interpret 'prudent and reasonable' to include foreseeable dangers, such as tripping hazards or unsecured shelving. In most cases, unless directly disclaimed (for example, with some insurance waivers), hospitality law does not protect a business owner against charges of negligence. Use in common law Common law holds innkeepers liable for any loss of guest property when the guest is on the premises of a place of business; in pract ...
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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Bailment
Bailment is a legal relationship in common law, where the owner transfers physical Possession (law), possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee". The bailee is the person who possesses the personal property in Trust law, trust for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended. General Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of Possession (law), possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. Although a bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates ...
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Hospitality
Hospitality is the relationship between a guest and a host, wherein the host receives the guest with some amount of goodwill, including the reception and entertainment of guests, visitors, or strangers. Louis de Jaucourt, Louis, chevalier de Jaucourt describes hospitality in the as the virtue of a great soul that cares for the whole universe through the ties of humanity.Jaucourt, Louis, chevalier de"Hospitality" The Encyclopedia of Diderot & d'Alembert Collaborative Translation Project. Translated by Sophie Bourgault. Ann Arbor: Michigan Publishing, University of Michigan Library, 2013. Trans. of , vol. 8. Paris, 1765. Hospitality is also the way people treat others, that is, the service of welcoming and receiving guests for example in hotels. Hospitality plays a fundamental role to augment or decrease the volume of sales of an organization. Hospitality ethics is a discipline that studies this usage of hospitality. Etymology Derives from the Arab , meaning "host", "gues ...
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Nanawatai
Nənawā́te ( ps, ننواتې, "sanctuary") is a tenet of the Pashtunwali code of the Pashtun people. It allows a beleaguered person to enter the house of any other person and make a request of him which cannot be refused, even at the cost of the host's own life or fortune. A similar code of conduct is used by the neighbouring Baluch people.Durkin, Major J. Keller. "Authority, Legitimacy, and the Qawm: HistoricalPerspectives on Emergent Governance in Afghanistan", 2009 Traditionally it is used to refer to a request for sanctuary, whereby the host must be willing to fight or die for the sake of anyone who comes knocking at his door seeking refuge, even if it is a sworn enemy. As the burden of sanctuary and protection extends even to fighting against government troops on behalf of the person seeking refuge, some have suggested that Mullah Omar's refusal to turn in Osama bin Laden was due only to his having availed himself of ''Nənawā́te''. Usage By invoking Nənawā́te one is s ...
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Sanctuary
A sanctuary, in its original meaning, is a sacred place, such as a shrine. By the use of such places as a haven, by extension the term has come to be used for any place of safety. This secondary use can be categorized into human sanctuary, a safe place for people, such as a political sanctuary; and non-human sanctuary, such as an animal or plant sanctuary. Religious sanctuary ''Sanctuary'' is a word derived from the Latin , which is, like most words ending in , a container for keeping something in—in this case holy things or perhaps cherished people (/). The meaning was extended to places of holiness or safety, in particular the whole demarcated area, often many acres, surrounding a Greek or Roman temple; the original terms for these are ''temenos'' in Greek and ''fanum'' in Latin, but both may be translated as "sanctuary". Similar usage may be sometimes found describing sacred areas in other religions. In Christian churches ''sanctuary'' has a specific meaning, covering p ...
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