UMES HMGT 401 Hospitality Law Report: Property and Legal Aspects

This report analyzes key legal aspects within the hospitality industry. It defines and differentiates between real and personal property, including tangible and intangible assets, and provides examples relevant to a golf resort. The report explores trademarks, copyrights, and the importance of protecting ...Read More

Running head: HOSPITALITY LAW
HOSPITALITY LAW
Name of the Student
Name of the University
Authors Note

1HOSPITALITY LAW
a) Real Property
Under the English common law, land and anything which is attached to the land is
considered to be as realty, real property, real estate, or immovable property inclusive of
crops, machinery, roads, buildings, mines, wells, canals, ponds and wells. In case of real
property, the title of the property vested with such a person who has both lawful
possession and ownership over the property. A written document is necessary while
transferring the property or land from one person to another.
In case of the golf resort, the hotel building, golf course, free lands, and fences of the
resort are considered to be the real property at the resort.
Source - slide
b) Personal Property
Under the system of common law, the movable property is considered to be personal
property and it can also called as chattels or personalty. Similarly, under the civil law,
personal property is sometimes called as movable property or movables. The specialty of
this property is that it can be moved from one place to another. This property can be
divided into two categories, such as tangible property and intangible property. An
individual can feel tangible properties but intangible properties are those which cannot be
felt.
The personal properties of the golf resort are:
Tangible: Computers, furniture, and kitchen utensils.
Intangible: Goodwill of the resort.

2HOSPITALITY LAW
Source - slide
c) Trademark
Trademark is considered to be a kind of intellectual property which consists a identifiable
expression, sign, or design which helps in recognizing commodities or services of a
specific source. Generally, the trademarks which are used to recognize services are called
service marks.
Three hospitality-related examples of trademark are:
1) Dress of the resort staffs;
2) The symbol of the golf resort; and
3) Catchphrases to sell the merchandise.
Source - slide
d) Copyright
Copyright is regarded as such a law which provides the authority to the owner of a
creative or artistic work, such as book, song, picture or website the right to say that how it
can be used by the other people. This law makes the process of earning money easier for
the authors. Copyright protected works can only be copied by the permission of the
owner of such artistic work.
1) This resort provides books to the customers so that they can read it, Therefore, while
reading those books it is my responsibility as an operator to not to copy the material
of the book;

3HOSPITALITY LAW
2) This resort provides the facility of listening song to its customers. Therefore, while
listening songs it is my responsibility as an operator to not to copy the lyrics or music
of the song;
3) The customers can easily access the website of the resort. Therefore, while using the
website of the resort it is my responsibility as an operator to not to copy the design or
material of the website.
As a manager of the resort, I can prevent legal violations by examining the customers
at the time of leaving the resort.
Source - slide
e) Uniform Commercial Code
i) Warranty of fitness and warranty of merchantability.
ii) It means it is fir for a specific use.
iii) It means it well appropriately meet the purpose for which it is bought.
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f) Lease
i) Clarins Inc. is the owner.
ii) Hotel and Golf Resort is the Management Company.
iii) The lessor/landlord is the Hotel and Golf Resort.
iv) The lessee/tenant is the Clarins Inc.
Source - slide

4HOSPITALITY LAW
Bibliography
Barth, Stephen C., and David K. Hayes. Hospitality law: managing legal issues in the hospitality
industry. John Wiley & Sons, 2006.
De Ville, Jacques. Jacques Derrida: Law as Absolute Hospitality: Law as Absolute Hospitality.
Routledge, 2012.
Giannacopoulos, Maria. "Offshore hospitality: Law, asylum and colonisation." Law Text
Culture 17 (2013): 163.
Pitt-Rivers, Julian. "The law of hospitality." HAU: Journal of Ethnographic Theory 2.1 (2012):
501-517.