Paper of Restaurant Reservation Case

Submitted By VictorLuo59
Words: 1177
Pages: 5
Open Document
Paper of Restaurant Reservation Case
Legal Issues
In this case, there are two main legal issues. The first one is the breach of reservation. The reservation is a form of oral or written contract, when the guest or the restaurants breach the contract, they may be liable. Every restaurant has a rule that if the guests don’t arrive after the certain period ruled, the reservation will be canceled. In fact, if the guests arrived late, the reservation contract will be canceled, because guests do not arrive by that time the hotel or restaurant ruled, they have breached the reservation contract and been considered no-show, and in this case, the hotel or restaurant is not liable. If the guests breach the reservation, and they influence the restaurant’s business, the guests have legal liability.
In this case, the restaurant breached the reservation contract, so the restaurant has legal liability. According to Florida Law, once a hotel reservation made and confirmed, it constitutes a contract and binds hotel to provide accommodations. In addition, Hotels sometimes overbook, for those guests the hotel cannot house, it will be in breach of contract and liable for damages. Therefore, the guests can sue the restaurant about breach of contract. The restaurant cannot cancel the reservation contract if the contract is in the period of validity. Besides, Florida State passed a law that says hotels will be fined if they deny space to any guest who has guaranteed a reservation by paying a deposit. In this case, if the guest paid a deposit, the restaurant needed to pay the fine, too.
The second legal issue is that the restaurant has negligence of allergic issues. According to Florida law, an owner/operator owes a business invitee the duty to use reasonable care in maintaining the premises in a reasonably safe condition. See Berman v. Weberman Caterers, Inc., 647 So.2d 1068 (Fla. 3d DCA 1994); Emmons v. Baptist Hosp., 478 So.2d 440, 442 (Fla. 1st DCA 1985). But in this case, when the servers served the appetizers to guests, they didn’t consider the allergic issues. Therefore, the restaurant failed to use reasonable care in maintaining the premises in a reasonably safe condition. Certainly, if the servers told the guest that the main ingredients in the appetizer or asked whether there was food the guests was allergic, but the guest still eat the food when he or she knew that the food was allergic to him or her, the restaurant will not be liable.
According to Florida Law, the restaurant has duty to warn of an inherent danger in product arises when product has dangerous propensities. Certainly, in this case, the manager or the servers have duty to tell the guests about the food ingredients, and ask them whether they were allergic to the food. In this case, the restaurant didn’t have strict liability, because the servers or the manager didn’t serve allergic food to the guest on purpose. Hence, the manager was negligent with the allergic issues. Indeed, one of the guests was allergic because of the negligence of the restaurant, but the restaurant has no strict liability.
Florida Court Possible Decision
About the reservation issues, the Florida court may decide to enable the restaurant to compensate the damage if the guests can provide the evidence that there are damages caused by the breach of reservation directly. On the contrast, if the guests cannot offer evidence to prove they have damaged caused by reservation, there is no liability of the restaurant. So this legal issue depends on the real damages of the guests.
About the negligence issues, the Florida court may decide to enable the restaurant to compensate the damage of the allergic guest, because the restaurant manager was negligent to remind the guest of the allergic guests. But if the guest didn’t know he or she was allergic to the food, or the guest knew that there was allergic food in the appetizer, he or she still ate it, the restaurant will not be liable.
Management Plan
Good
Show More

Related Documents: Paper of Restaurant Reservation Case

Essay on ADM 306 Journal 6

author of this submittal and that any assistance I received in its preparation is fully acknowledged and disclosed. I have also cited any sources from which I used data, ideas, or works either quoted directly or paraphrased. I also certify that this paper was prepared by me specifically for this course only and was not previously submitted in any other course. I have read the ACE Academic Dishonesty Policy regarding cheating and understand its consequences and penalties. The company that I have selected…

Words 755 - Pages 4

Jose's Authentic Mexican Restaurant-Case Study Essay

Problem Statement: Jose’s Mexican restaurant is a small yet popular spot. Lately they have been losing customers and profits due to service issues. In order to improve the restaurant, Jose’s Mexican Restaurant must provide service that is top-notch, in other words fast, efficient, great testing, convenient and heartwarming. What must the restaurant do in order to improve service? Areas for consideration: Quality at Jose's restaurant should be defined by service, value, reliability of the…

Words 1985 - Pages 8

Essay about HTM 2013

desk whether they are booking a room, checking in / out, calling on the phone, registering complaints, and / or requesting information. An effective and efficiently operated front desk is very important to the financial success of a hotel. In this paper I’m going to describe the changes hotels have made within the past decades. I will also explain the importance of the front office staff along with their role in the billing process and safety of the guest within hotels. HOW HOTELS HAVE CHANGED:…

Words 1749 - Pages 7

Information management system Essay

Executive summary: E-commerce refers to buying or selling over the internet and it can be very efficient for building relationships between vendors and retailers. There are many different forms of e-commerce and all have impact on retailers. There are many supply chain benefits in having one supplier compared to multiple vendors as strong relationships can lead to improved prices. Wireless capabilities has broadend customer payment options. Suitable payment option is e-cash which can allow…

Words 5515 - Pages 23

Overview of the Hospitality and Tourism Industry Essay

Overview of the Hospitality and Tourism Industry Introduction to Hospitality – HTM100 In the following paper, I will determine the challenges involved in managing restaurant operations that are specific to my state, as well as how I would address those challenges. Secondly, I will determine the impact of computerization on food service and lodging operations in my state. Next, I will analyze the interdependence of food service, lodging, and meeting segments of the hospitality industry…

Words 2332 - Pages 10

Liao Yan Restaurant Should Develop The Extended Marketing Mix For Service

Identify how the Liao Yan restaurant should develop the extended marketing mix for services to overcome their current problems ensuring that your recommendations fully take into account the context given in this brief and the characteristics of services. Introduction Operating a business is not an easy task for the management as well as to the owners. The management and owners will have to face many challenges and risks involved in managing a business, especially in a fierce marketplace. In the western…

Words 3327 - Pages 14

Essay about International Business-Argentina Suites

International Management Case Analysis: Argentina Suites What are some of the major problems facing Argentina Suites? Argentina Suites faced many problems from the beginning idea to convert a 75,000-square foot building into a hotel. The owner, Abraham Sinclair decided to enter the hotel business with no market research, no hospitality experience, and rough financial projections. The decision to enter a market without knowing what ones getting into, led to major problems facing Argentina…

Words 1618 - Pages 7

Contemporary Hospitality Industry Essay

to satisfy the customers , welcoming them and make them feel special.The hospitality industry is a very diverse and complex industry and it is always changing . Changes are needed in the industry because the interest of the businesses (hotels, restaurants ,pubs) is to meet the customer`s expectations.Diverse because the…

Words 3503 - Pages 15

A Walk To My Neighborhood

building and start chatting with each other and peacefully observe their surroundings. You can feel the cool feeling of the breeze that came with the waves of the ocean and the sweet sounds of bluebirds drawing your mind into the world of tranquility. Restaurants, grocery stores and big retail stores like Best Buy, Model's, Guess and more are nearby for our conveniences. My daily activities in my neighborhood involve my friends and me going to Public Park and playing soccer. Most of my high school buddies…

Words 1720 - Pages 7

Service System and Resource Mapping Framework Essay

process. The traditional boundary between provider and customer can shift toward self service, with the customer performing many of the tasks previously done by the provider, as in self-service check-in at the airport or self-serve salad bars in restaurants. Alternatively, the boundary can shift in the opposite direction—toward what we define as super service—with the provider performing many tasks previously done by the customer, such as a car rental company that delivers vehicles to customers or automatic…

Words 9129 - Pages 37