Couple's $1.2M Jewelry Stolen From Hotel Safe: Who Pays? - Case Study

Introduction

The case involves Christine and Thelma, whose jewelry worth $1,200,000 was stolen from their suites safe and four season hotel management that had rented the suite to the. In the case, the couple has filed a suit claiming that the hotel should pay for the lost jewellery considering that they had stored them in a safe that only the couple and hotel had the keys to access it. Four seasons hotel tried to defend itself on the grounds of the limited liability statute of Colombia that indicated that its liability for any loose of the client's property was limited to $1000. However, after evaluating the statues and the hotel's adherence to the statues, it was concluded that the hotel had failed to comply with it completely. The main argument was that the statute indicates that if the hotel provides a suitable safe, it should display clear copies of the statue in the guest room and the public room. However, four seasons had only posted a copy of the limiting statute in the guest room but failed to display the same in the public rooms. Failure to completely comply with this statute made the hotel to pay the full amount or value of the jewellery.

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What a Hotel in Nevada Must Do to Avail Itself of "Limited Liability" in Connection With a Guest's Property

For the case of Nevada hotels, the limited liability law requires the hotel to ensure that the client's sign a liability realize form when checking in into the hotel. The form tends to limit or deny the loss of items in the client's room under the stated circumstances. As long as the release does not violate any law, it is considered binding. In Nevada, if the hotel clearly follows the law completely, the hotel is only liable to a monitory limitation of only $750 (Miller, 2008). The unusual thing about Nevada law is that it only focuses on release form rather than even focusing on the display of the liability law or statute on conspicuous locations within the hotel.

The Three Types of Bailment With Examples in Each Case

There are usually three types of bailment that are accepted and well known. These bailments include, first, bailment for the benefit of the bailer. This is a type of bailment occurs where the bailer delivers the needed goods for his or her exclusive benefits while the bailee is believed not to derive any benefit out of the situation. An example of this kind of bailment occurs when you park your car in one of your neighbor's premises or areas to be taken care of while you are absent. In such a case, the owner of the car tends to act as the bailor while the owner of the premise where you park the car tends to act as the bailee. Therefore, you, as the bailor, tend to benefit since your car is being taken care of while you are away. Secondly, bailment meant to benefit the bailee. This is a type of bailment whereby the bailor tends to deliver certain goods to the bailee, particularly for the exclusive benefit of the bailee, while the bailor does not gain anything out of the station. An example of such a bailment occurs when you lend your friend a particular item without imposing any charge for lending the item. In such a case, the recipient of the item tends to be the bailee since he or she is the one benefiting from the bailment transaction. The bailor does not gain anything out of lending his or her item; instead, he or she just waits until the item is returned.

Thirdly, the bailment for mutual benefit. This is a type of bailment that involves some considerations being passed between the bailee and the bailor (Newman, 2015).. In this bailment, the delivery of goods tends to take place for the benefit of both the bailor and the bailee. An example of this kind of bailment occurs when individual 'A' hires a car from individual 'B.' in such a case, party 'A' tends to be the bailee since he or she enjoys using the care while party 'B' tends to be the bailor since he or she lends the cars and receives the expected hiring charges.

Personally, I have been involved in two types of bailments, which include, first, bailment for the benefit of the bailor. I was personally involved in this type of bailment when I left my younger brother under the care of one of my neighbors while I was away for a community forum. Secondly, bailment for mutual benefit of both parties. I was involved in this kind of bailment when I borrowed a book from our community library. I had to pay bailor who, in this case, is the librarian, 1$ so that she could lend me the book while I as the bailee receives the book and also enjoys the services of the book.

What is the Difference Between an "Invitee" and a "Guest?

An invitee is a person who has been invited to a place, for instance, in a facility or land by the owner or the person in charge as a member of the public. While guest tends to be the person who is usually invited to visit another person's place or attend a certain social ceremony but not as a member of the public. A person becomes a guest after he or she earns a particular status, for instance, when one earns a certain level of respect or has a particular prominent position within the family or the society. A guest tends to have more rights as compared to an invitee. Some of the rights that a guest tends to have included a guest tends to have the right to receive special treatment as compared to the invitee. For instance, the guest has the right to be allocated a special sleeping room and a special sitting location in a meeting or occasion. Secondly, the guest tends to have the right to bring the thing he wishes to; for instance, if the guest wishes to sleep on his own beddings or to be served by his or her own employees, he or she is usually free to do so. Thirdly, the guest tends to have the right to leave at will. The guest does not have to wait until the ceremony or occasion is over in order to leave. Fourth, the guest is usually not allowed to take part in any chores either in the house or in the function, he or she has attended. This is however not the case for the invitee since they can be asked to assist in certain task, for instance, washing the plates

The Difference Between a Guest and a Tenant

A guest is considered to be an invitee or an individual who is present in a certain area under the invitation of the actual owner or the tenant. In this case, the guest tends not to have any other rights to the premise. A tenant is considered to be the person who occupies a property under a lease or has a rental agreement with the landlord or the owner of the land.

How Does One Become a "Tenant" and What Rights Does a "Tenant" Have That "Guests" Do Not?

A person becomes a tenant after he or she has obtained a legal agreement with the owner of the premise, indicating that he or she has leased the property for a certain period of time. A tenant tends to have various rights that include, first, the right of ownership for the period that he or she has leased the property. While the guest usually has no right of ownership since he or she is usually an invitee of either the tenant or the lawful owner. Secondly, the right to get an evacuation notice. In case the tenant breaks the lease agreement they had with the landlord, he is mandated to be issued with an evacuation notice to indicate that the landlord wants him to vacate. For the case of a guest, he or she has no right of being issued with an evacuation notice. The tenant of the premise owner can ask him to leave any time he or she wishes.

What Steps Would a Hotel Have to Go Through To "Evict" 1) An Invitee? 2) A Guest? 3) A Tenant?

To evacuate a tenant, a hotel has to issue the tenant with an evacuation notice indicating the reasons why the tenant is being asked to evacuate. For instance, the hotel can issue the tenant with an evacuation notice in case he or she breaches the agreement. While for the case of the guest and the invitee, the owner of the premises has to issue a verbal notice informing the invitee or the guest that they have to leave. The owner of the premises also has to inform them when they are being evacuated.

References

Miller, E. S. (2008). Are the Courts Developing a Unique Theory of Limited Liability Companies or Simply Borrowing from other Forms. Suffolk UL Rev., 42, 617. Retrieved from http://suffolklawreview.org/wp-content/uploads/2009/04/Miller_Article_Final.pdf

Newman, C. M. (2015). Bailment and the Property/Contract Interface. George Mason Legal Studies Research Paper No. LS, 15-12. Retrieved from https://www.law.gmu.edu/assets/files/publications/working_papers/LS1512.pdf