Self-Paced Learning Module: College

SELF-PACED LEARNING MODULE
COLLEGE
MODULE 5
Subject:
Legal Aspect in Hospitality and Tourism (THC5-

LATH)
AISAT COLLEGE – DASMARIÑAS, INC.
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Unit Explore The Law of carriers and Inns
Module Exploring The Law of carriers and Inns
THC5-LATH Legal Aspect in Hospitality and Tourism Units: 80hrs Page |2
PREPARED BY: APPROVED FOR IMPLEMENTATION:

MODULE 5th
PRELIM MS. AGNES C. GUIANG MR. WILBERT A. MAÑUSCA
5 Meeting
Subject Teacher School Director
INFORMATION SHEET PR-5.1.1

‘The Law of carriers and Inns’
Learning Objectives:
At the end of the lesson the student should be able to
1. Define Common Carrier
2. Discuss the information about law of common carrier
3. Explain what Inner keeper is
The Law of Carriers and Inns
In common law countries (corresponding to a public carrier in some civil law systems, usually
called simply a carrier) is a person or company that transports goods or people for any person or
company and is responsible for any possible loss of the goods during transport. A common carrier offers
its services to the general public under license or authority provided by a regulatory body, which has
usually been granted "ministerial authority" by the legislation that created it. The regulatory body may
create, interpret, and enforce its regulations upon the common carrier (subject to judicial review) with
independence and finality as long as it acts within the bounds of the enabling legislation.
A common carrier (also called a public carrier in British English) is distinguished from a contract
carrier, which is a carrier that transports goods for only a certain number of clients and that can refuse
to transport goods for anyone else, and from a private carrier. A common carrier holds itself out to
provide service to the general public without discrimination (to meet the needs of the regulator's quasi-
judicial role of impartiality toward the public's interest) for the "public convenience and necessity." A
common carrier must further demonstrate to the regulator that it is "fit, willing, and able" to provide
those services for which it is granted authority. Common carriers typically transport persons or goods
according to defined and published routes, time schedules, and rate tables upon the approval of
regulators. Public airlines, railroads, bus lines, taxicab companies, phone companies, internet service
providers, cruise ships, motor carriers (i.e., canal operating companies, trucking companies), and other
freight companies generally operate as common carriers. Under US law, an ocean freight forwarder
cannot act as a common carrier.
The term common carrier
Is a common law term and is seldom used in Continental Europe because it has no exact
equivalent in civil-law systems. In Continental Europe, the functional equivalent of a common carrier is
referred to as a public carrier or simply as a carrier. However, public carrier in Continental Europe is
different from public carrier in British English in which it is a synonym for contract carrier.

MODULE 5th
5 Meeting
Legal implications
Common carriers are subject to special laws and regulations that differ depending on the means of
transport used, e.g. sea carriers are often governed by quite different rules from road carriers or railway
carriers. In common law jurisdictions as well as under international law, a common carrier is absolutely
liable for goods carried by it, with four exceptions:
 An act of nature
 An act of the public enemies
 Fault or fraud by the shipper
 An inherent defect in the goods
A sea carrier may also, according to the Hague-Visby Rules, escape liability on other grounds than
the above-mentioned, e.g. a sea carrier is not liable for damages to the goods if the damage is the result
of a fire on board the ship or the result of a navigational error committed by the ship's master or other
crewmember.
Carriers typically incorporate further exceptions into a contract of carriage, often specifically
claiming not to be a common carrier. An important legal requirement for common carrier as public
provider is that it cannot discriminate, that is refuse the service unless there is some compelling reason.
As of 2007, the status of Internet service providers as common carriers and their rights and
responsibilities is widely debated (network neutrality).
Innkeeper
An individual who, as a regular business, provides accommodations for guests in exchange for
reasonable compensation. An inn is defined as a place where lodgings are made available to the public
for a charge, such as a hotel, motel, hostel, or guest house. A guest is a transient who receives
accommodations at an inn, transiency being the major characteristic distinguishing him or her from a
boarder. In order for the relationship of innkeeper and guest to be established, the parties must intend
to have such a relationship. The individual accommodated must be received as a guest and must obtain
accommodations in such capacity. The individual need not, however, register.
An innkeeper must accept all unobjectionable individuals offering themselves as guests,
provided the innkeeper has available accommodations and the guests are willing to pay the reasonable
charges. Proper grounds for a refusal to receive a proposed guest are ordinarily restricted to either lack
of accommodations or the unsuitability of the guest.
It is improper and a violation of an individual's Civil Rights for an innkeeper to refuse
accommodations on the basis of race, creed, or color. Upon assignment to a room, a guest is entitled to
its exclusive occupancy for all lawful purposes, subject to the right of the innkeeper to enter the room
for proper purposes, such as to assist the police in their investigation of a crime.

MODULE 5th
5 Meeting
Compensation
An innkeeper is permitted to charge a reasonable compensation only, and must ordinarily fulfill
his or her entire obligation prior to being entitled to the compensation. In the event that a guest does not
pay, the innkeeper has a lien on the guest's property. Such a lien ordinarily extends to all property
brought by the guest to the inn and generally continues until the debt is satisfied unless the innkeeper
voluntarily surrenders the goods. The innkeeper may remove a guest upon refusal to pay his or her bill
but cannot, however, use excessive force.
Liability
An innkeeper has an obligation to reasonably protect guests from injury while at the inn. This duty
of reasonable care mandates vigilance in protection of the guests from foreseeable risks. The innkeeper
must protect guests from injury at the hands of other guests and from assaults and negligent acts of his or
her own employees. The obligation to protect guests is not met merely by warning them, but must be
coupled with a policing of the premises. An innkeeper must take reasonable care regarding the safety of
the guests' property and must warn guests of any hidden dangers that can be reasonably foreseen. This
duty includes making inspections to ascertain that the premises are safe. The innkeeper is liable for any
injuries arising from his or her failure to comply with fire regulations. Reasonably safe means of ingress
and egress must be provided.
An innkeeper is required to use reasonable care to keep the hallways, passageways, and
stairways well lighted and free from obstructions or hazards. An innkeeper who furnishes appliances or
furniture for the convenience of guests must maintain them in a reasonably safe condition. Similar duties
are required in connection with plumbing apparatus and swimming pools.
Reasonable care must be exercised by an innkeeper in the operation and maintenance of an
elevator, which means that the elevator must be inspected and repaired to keep it in safe condition. The
obligation to maintain the premises in a reasonably safe condition applies to windows and screens that
are defective or insecurely fastened. Failure to have protective window grills or to guard air shafts located
on a roof does not, however, necessarily constitute Negligence. The prevalent Common Law view makes
an innkeeper liable as an insurer for all Personal Property brought by the guest to the inn that is lost
through the innkeeper's fault. There is no liability, however, if the guest assumes the entire and exclusive
care, control, and possession of his or her property. State laws have been enacted with respect to the
liability of innkeepers for the property of their guests. Generally the statutes modify the common law by
limiting the innkeeper's liability to a specified amount and by requiring deposit of valuables. Guests must
have notice of any limitations of the innkeeper's

MODULE 5th
5 Meeting
References:
1. ^ Barth, Stephen. (2009). Hospitality Law. p. 261.
2. ^ Barth, Stephen. (2009). Hospitality Law. p. 314.
3. ^ Third Edition, Published by Cornell University Press
4. Official Gazette
5. ^ "Travel Insurance | Ultimate Guide to Buying Cover". Www.
Comparetravelinsurance.com.au. Retrieved 7 February 2020.
6. * http://www.bsp.gov.ph/publications/media.asp?id=4886
SELF-CHECK PR-5.1.1
MODULE 5th
5 Meeting
Direction: Read each questions carefully and give the correct answers.
1. It is required to use reasonable care to keep the hallways, passageways, and stairways well lighted
and free from obstructions or hazards.
2. An individual who, as a regular business, provides accommodations for guests in exchange for
reasonable compensation

MODULE 5th
5 Meeting
SELF-CHECK ANSWER KEY PR-5.1.1

1. Inner Keeper
2. Inner Keeper

MODULE 5th
5 Meeting
STUDENT NAME: __________________________________ SECTION: __________________
WRITTEN WORK PR-5.1.1
WRITTEN WORK TITLE: The Law of Carriers and Inns
WRITTEN TASK OBJECTIVE: Learners should be able to understand the law of Carriers and Inns
Direction: Read each question carefully and give the correct answers.
Question:
1. Is a person or company that transports goods or people for any person or company and is
responsible for any possible loss of the goods during transport.
2. Its obligation is to reasonably protect guests from injury while at the inn.
3. Is seldom used in Continental Europe because it has no exact equivalent in civil-law systems.
4. Typically incorporate further exceptions into a contract of carriage
5. Is permitted to charge a reasonable compensation only, and must ordinarily fulfill his or her entire
obligation prior to being entitled to the compensation.
ASSESSMENT METHOD: WRITTEN WORK CRITERIA CHECKLIST

MODULE 5th
5 Meeting
THC5-LATH Legal Aspect in Hospitality and Tourism Units: 80hrs P a g e | 10
WRITTEN OUTPUT CRITERIA CHECK LIST PR-5.1.1
CRITERIA SCORING
Did I . . .
1 2 3 4 5
1. Focus on the questions given?
2. Provide the correct answers?
3. Read each questions carefully?
TEACHER’S REMARKS:  QUIZ  RECITATION  PROJECT
GRADE:
5 - Excellently Performed
4 - Very Satisfactorily Performed
3 - Satisfactorily Performed
2 - Fairly Performed
1 - Poorly Performed
_______________________________
THC5-LATH-TEACHER
Date: ______________________

MODULE 5th
5 Meeting
PERFORMANCE TASK PR-5.1.1

WRITTEN WORK TITLE: Discussion Questions: Common Law Carriers
WRITTEN TASK OBJECTIVE:

MATERIALS:
 Pen and paper
TOOLS & EQUIPMENT:
 None
ESTIMATED COST: None
Direction: Read each questions carefully and give your best answers.
Questions:
1. Why do we need to secure the goods and products?

2. What do you think is the best way to secure the items or product?
3. What can you say about the carriers who do not follow the policies and guidelines in transporting
the goods and items?
PRECAUTIONS:
 None
ASSESSMENT METHOD: WRITTEN WORK CRITERIA CHECKLIST

MODULE 5th
5 Meeting
PERFORMANCE TASK CRITERIA CHECK LIST PR-5.1.1
CRITERIA SCORING
Did I . . .
1 2 3 4 5
1. Observe the instructions?
2. Follow the procedures or directions?
3. Finish the task successfully?
4. Observe neat cleanliness of the activity?
TEACHER’S REMARKS:  QUIZ  RECITATION  PROJECT
GRADE:
5 - Excellently Performed
4 - Very Satisfactorily Performed
3 - Satisfactorily Performed
2 - Fairly Performed
1 - Poorly Performed
_______________________________
THC5-LATH-TEACHER
Date: ______________________

MODULE 5th
5 Meeting

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SELF-PACED LEARNING MODULE

Legal Aspect in Hospitality and Tourism (THC5-

AISAT COLLEGE – DASMARIÑAS, INC.

PREPARED BY: APPROVED FOR IMPLEMENTATION:

INFORMATION SHEET PR-5.1.1

The Law of Carriers and Inns

The term common carrier

PREPARED BY: APPROVED FOR IMPLEMENTATION:

PREPARED BY: APPROVED FOR IMPLEMENTATION:

PREPARED BY: APPROVED FOR IMPLEMENTATION:

‘The Law of carriers and Inns’

PREPARED BY: APPROVED FOR IMPLEMENTATION:

SELF-CHECK ANSWER KEY PR-5.1.1

PREPARED BY: APPROVED FOR IMPLEMENTATION:

STUDENT NAME: __________________________________ SECTION: __________________

WRITTEN WORK PR-5.1.1

WRITTEN WORK TITLE: The Law of Carriers and Inns

ASSESSMENT METHOD: WRITTEN WORK CRITERIA CHECKLIST

PREPARED BY: APPROVED FOR IMPLEMENTATION:

STUDENT NAME: __________________________________ SECTION: __________________

WRITTEN OUTPUT CRITERIA CHECK LIST PR-5.1.1

STUDENT NAME: __________________________________ SECTION: __________________

PERFORMANCE TASK PR-5.1.1

WRITTEN TASK OBJECTIVE:

1. Why do we need to secure the goods and products?

PREPARED BY: APPROVED FOR IMPLEMENTATION:

STUDENT NAME: __________________________________ SECTION: __________________

PERFORMANCE TASK CRITERIA CHECK LIST PR-5.1.1

2. Follow the procedures or directions?

3. Finish the task successfully?

4. Observe neat cleanliness of the activity?

TEACHER’S REMARKS:  QUIZ  RECITATION  PROJECT

PREPARED BY: APPROVED FOR IMPLEMENTATION:

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