Development of Common Law System of Innkeeper Law
The common law of innkeepers is a code that governs how innkeepers must conduct their business in relation to their patron. According to Sherry (1993) innkeeper law under US, as in all other countries where common law reigns, can be traced back and has its roots in the old English common law. Innkeeper law developed in medieval England out of necessity and for safety reasons. When the feudal order broke down and trade began to flourish, travel became a must. At that time travel was far from being a leisurely activity – the roads were bad and safety was always a problem. Lawlessness and disorder were common and robbers and other bad elements were always out prowling for victims and their attacks usually happened at night. As a result, travelers not only had to travel lightly, but had to pause at night from the trip to seek shelter in a safe place. This is how the inn-keeping business in England started and flourished. This form of business was adopted also in America (Sandoval-Strausz 2007).
In America, disputes between innkeepers and patrons often occurred. The parties would often resort to court intervention to settle their differences. Judges referred to medieval English cases and adjusted them to American setting (Sandoval-Strausz 2007). Court decisions, thus, became the groundwork for the burgeoning of the Innkeepers Law. In English common law, the innkeeper law was anchored on the three components of “bed, board and hearth.” (cited in Sandoval-Strausz 2007, p. 188). The first duty was to provide ‘bed’ or accommodation to anyone who is willing to pay the corresponding price for such accommodation. A party refused accommodation can sue the operator for damages when such refusal resulted in the loss of possessions, for example. The duty to provide board included the responsibility to provide food to guests. The ‘hearth’ duty refers to the obligation of innkeepers to provide safety measures to prevent the loss and damage to the property of guests that they carry with them while guests in the inn (Sandoval-Strausz 2007). This duty is reflected in medieval English cases, such as 1345 case of William Beaubek v. John of Waltham where the plaintiff sought damages on the grounds that “every innkeeper is bound to answer to his guests for goods placed under his control” (cited in Bogen 1996, p. 57). Although the phrase was found only in the plaintiff’s prayer for damages and suggested Roman influence, it later became the basis for innkeeper liability (Bogen 1996).
The Origin and Development of Common Law
Legal traditions are classified as civil law or common law. The distinguishing factor that separates one from the other is that civil law relies on statutes that have been codified to enforce rights and obligations, while common law depends on case law – that is, law generated and developed from court decisions. The United States is a common law country and like other common law countries, its common law tradition has roots in the English common law system (Syam 2014).
The English common law system originated from the writs issued by English monarchs during the Middle Ages. In order to consolidate power after the Norman Conquest in 1066 and assert their ultimate authority, the monarchs issued royal decrees or writs to establish new rules that govern their subjects and the conduct of activities within the kingdom. Writs were formal orders that provided specific remedies for specific wrongs committed in England. However, the writ system failed to respond to all cases because of their rigidity often resulting in injustice. The only remedy in such cases was to appeal to the king (RC n.d.). Since monarchs could not possibly take care of all disputes and conflicts within England, the monarchy established courts of equity to settle all complaints by hearing cases and coming up with decisions that dispose of the issues (Syam 2014). These new courts were given the authority to apply principles of equity based on various sources for the sake of arriving at a just and fair solution to conflicts. Although the writ system was abolished in the 19th century, some writs continue to exist even to this day. Some examples of such writs are the writ of habeas corpus, which orders a person to present a prisoner in court to determine whether detention is justified, subpoenas and warrants (RC n.d.).
Example of a Law on Hospitality under Common Law
A common law obligation that applies, although now in a diluted form through statutory limitations, is the liability of hotels and similar establishments, for the safety of the property of their guests. As earlier mentioned, this duty stemmed from the early English case of William Beaubek v. John of Waltham, which common law later on expanded and confirmed. Under common law, when a hotel guest presents his or her property to the hotelkeeper for safety purposes, it is the duty of the hotel to keep it safe. This is called the bailee’s liability and at common the liability for loss and damage to the property by the hotel is absolute. The only exception to the hotel’s absolute liability is proof that the loss or damage was occasioned by fortuitous event, such as an “Act of God, a public enemy, an act of public authority, the inherent nature of the property, or the fault of the guest” (Twoney et al 2016). However, in many states laws have been passed to limit the absolute nature of the bailee’s liability.
The limitations imposed by state statutes on bailee’s liability can take many forms. In some jurisdictions, the limitation entail limiting the degree of liability, diminution of the liability from bailee to ordinary, or allow the hotel itself to set the limitation by engaging in a prior agreement with the hotel guest or by hotel posting. In Ippolito v Hospitality Management Associates, 575 S.E. 2d 562 (2003), the Court ruled in favor of the plaintiffs whose valuables were stolen from their room because of failure of hotel to show that it had conspicuously posted notices advising guests to keep their valuables in the hotel’s safe in the receptionist area.
References
Bogen, D. (1996). The Innkeeper’s Tale: The Legal Development of a Public Calling. Utah Law Review, no. 1, pp51-92.
Ippolito v Hospitality Management Associates, 575 S.E. 2d 562 (2003).
RC (n.d.). The Common Law and Civil Traditions. The Robbins Collection, School of Law, University of California. Retrieved from https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html
Sandoval-Strausz, A.K. (2007). Hotel: An American History. Yale University Press.
Sherry, J. (1993). The Laws of Innkeepers: For Hotels, Motels, Restaurants, and Clubs. Ithaca, NY: Cornell University Press.
Syam, P. (2014). What is the Difference Between Common Law and Civil Law? WashULaw, Washington University in St. Louis. Retrieved from https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/
Twomey, D., Jennings, M. and Greene, S. (2016). Business Law: Principles for Today's Commercial Environment. Cengage Learning.
