Today, hospitality managers are required not only to understand the day to day operation of their operation but the legal aspect of hospitality management. Barth (2008) states that It can be said that the actions of the hospitality manager will determine whether the business become the subject of litigation. The legal judicial system is a main system that regulates almost every part of the society, including tourism and hospitality industry. When one transacts with another, that person is essentially contracting with the other party. Law, in this sense, helps to safeguard the rights and obligations that these two contracting parties are entitled to. Without a properly functioning legal system, the society will flounder and people will be reluctant to enter into transactions with each other for fear of ending up with the shorter end of the stick. The tourism and hospitality industry is closely interlinked with the legal system. Business organizations such as hotels, agencies and restaurants rely on common law when dealing with each other. Law also comes into play when businesses interact with customers through the provision of goods and services. For example, restaurants have the legal obligation to ensure that the foods they offer to customers are safe to consume and the premises are not a fire hazard to occupants.
In this report, we will be looking at three topics. The first topic is the legal and regulatory framework. The second is the Legal responsibilities of hospitality operator to guests. The final topic is the consumer protection.
These topics will be discussed in relation to the case as illustrated in the “case scenario” section of the report as a form of illustration and in the context of hospitality and tourism.
For the first seminar, I will talk about the legal and regulatory framework.
Seminar one: The Legal and Regulatory Framework
Case Scenario Seminar one:
Mr. Lee is an executive of a big company from America. He came to Singapore to attend a business convention in 2009. He would be staying in G Hotel in Singapore for two nights. Feeling sore from wearing the expensive diamond ring, he left the ring on the drawer in the hotel room. When he came back to the hotel room, he was shocked to find out that the ring on the drawer was missing and proceed to call the duty manager and housekeeper to demand an explanation. The housekeeper insisted that he would not clean the room without first notifying Mr. Lee as it is part of the Hotel standard operating procedure. Mr. Lee was very angry and said he is not interested in the excuse and would definitely sue the hotel for negligence demanding a compensation of $15,000.
First of all, before the explanation of Mr. Lee’s case scenario, it is essential to know that the Common Law has been in existence since a thousand years ago. These principles of law have been applied to almost all areas in the old British Empire. Many countries still employ the common law with slight alterations subjected to local customs and practices. There are two branches to Common Law. These branches consist of Criminal Law and Civil Law. Criminal law seeks to identify certain behavior as criminal and punish those whose behavior is, according to that definition, criminal.
If Mr. Lee established that the loss of the ring is due to the theft by the staff of the Hotel, he may report to the police in which the case will be dealt by Criminal Law. The relationship is between the state and the criminal which the state seeks to punish. In doing so, the state is essentially protecting its citizens from undesirable behavior and the state takes on the responsibilities for the detention, prosecution and punishment of the offenders.
If Mr. Lee established that the loss of the ring is due to the negligence of the hotel, he may than try to seek compensation by going to the courts in which the case will be dealt with by Civil Law. In Civil Law, the relationship is more likely to be between the hotel and Mr. Lee rather than with the state. Furthermore, Civil Law seeks to achieve redress, remedy and compensation for the aggrieved party namely Mr. Lee as judged by the court of law, not punishment. Individuals are responsible for the enforcement of civil law. The state’s role in this case is merely to provide the procedure and courts necessary to resolve the disputes. Law of Contract and Law of Tort are the predominant themes in civil law. In contract law, generally two or more persons come together to form an agreement. There is an offer, an acceptance and an intention to be legally bound by the contract. When there is a breach of the contract, the two parties will go to court over the breaking of the agreement. Thereafter, remedies will be awarded to the person judged to be aggrieved, whereby the quantum awarded will be compensatory and not punitive. It is good to know that Contract law is not in effect in this case scenario.
Explanation:
I'm so sorry if my answer is too long hope its help :)
Answers & Comments
Answer:
Today, hospitality managers are required not only to understand the day to day operation of their operation but the legal aspect of hospitality management. Barth (2008) states that It can be said that the actions of the hospitality manager will determine whether the business become the subject of litigation. The legal judicial system is a main system that regulates almost every part of the society, including tourism and hospitality industry. When one transacts with another, that person is essentially contracting with the other party. Law, in this sense, helps to safeguard the rights and obligations that these two contracting parties are entitled to. Without a properly functioning legal system, the society will flounder and people will be reluctant to enter into transactions with each other for fear of ending up with the shorter end of the stick. The tourism and hospitality industry is closely interlinked with the legal system. Business organizations such as hotels, agencies and restaurants rely on common law when dealing with each other. Law also comes into play when businesses interact with customers through the provision of goods and services. For example, restaurants have the legal obligation to ensure that the foods they offer to customers are safe to consume and the premises are not a fire hazard to occupants.
In this report, we will be looking at three topics. The first topic is the legal and regulatory framework. The second is the Legal responsibilities of hospitality operator to guests. The final topic is the consumer protection.
These topics will be discussed in relation to the case as illustrated in the “case scenario” section of the report as a form of illustration and in the context of hospitality and tourism.
For the first seminar, I will talk about the legal and regulatory framework.
Seminar one: The Legal and Regulatory Framework
Case Scenario Seminar one:
Mr. Lee is an executive of a big company from America. He came to Singapore to attend a business convention in 2009. He would be staying in G Hotel in Singapore for two nights. Feeling sore from wearing the expensive diamond ring, he left the ring on the drawer in the hotel room. When he came back to the hotel room, he was shocked to find out that the ring on the drawer was missing and proceed to call the duty manager and housekeeper to demand an explanation. The housekeeper insisted that he would not clean the room without first notifying Mr. Lee as it is part of the Hotel standard operating procedure. Mr. Lee was very angry and said he is not interested in the excuse and would definitely sue the hotel for negligence demanding a compensation of $15,000.
First of all, before the explanation of Mr. Lee’s case scenario, it is essential to know that the Common Law has been in existence since a thousand years ago. These principles of law have been applied to almost all areas in the old British Empire. Many countries still employ the common law with slight alterations subjected to local customs and practices. There are two branches to Common Law. These branches consist of Criminal Law and Civil Law. Criminal law seeks to identify certain behavior as criminal and punish those whose behavior is, according to that definition, criminal.
If Mr. Lee established that the loss of the ring is due to the theft by the staff of the Hotel, he may report to the police in which the case will be dealt by Criminal Law. The relationship is between the state and the criminal which the state seeks to punish. In doing so, the state is essentially protecting its citizens from undesirable behavior and the state takes on the responsibilities for the detention, prosecution and punishment of the offenders.
If Mr. Lee established that the loss of the ring is due to the negligence of the hotel, he may than try to seek compensation by going to the courts in which the case will be dealt with by Civil Law. In Civil Law, the relationship is more likely to be between the hotel and Mr. Lee rather than with the state. Furthermore, Civil Law seeks to achieve redress, remedy and compensation for the aggrieved party namely Mr. Lee as judged by the court of law, not punishment. Individuals are responsible for the enforcement of civil law. The state’s role in this case is merely to provide the procedure and courts necessary to resolve the disputes. Law of Contract and Law of Tort are the predominant themes in civil law. In contract law, generally two or more persons come together to form an agreement. There is an offer, an acceptance and an intention to be legally bound by the contract. When there is a breach of the contract, the two parties will go to court over the breaking of the agreement. Thereafter, remedies will be awarded to the person judged to be aggrieved, whereby the quantum awarded will be compensatory and not punitive. It is good to know that Contract law is not in effect in this case scenario.
Explanation:
I'm so sorry if my answer is too long hope its help :)