Intersectionality establishes a solid ground that enables society to comprehend the complexity of the process through which privileges and oppression intersect in society. The concept of intersectionality has become significantly important in the Canadian context as society strives to achieve equality and justice for all citizens (Njeze et al., 2020). Canada is highly recognized for its rich antiquity in multiculturalism and diversity. The country holds diverse communities, each with unique beliefs and experiences. Diversity helps promote the country’s economic development and establish effective strategies to help promote equality and justice for all people. However, while intersectionality plays a significant role in society, it also contains major limitations and challenges in the Canadian context. Therefore, this paper will examine how intersectionality can help establish equality and social justice among Canadian communities. The paper will indicate the various ways through which intersectionality enlightens people on the concept of oppression and privileges in Canada and the challenges and limitations of implementing it. The paper will also indicate how intersectionality impacts the role of social justice activists and possible recommendations for the effective use of intersectionality in promoting equality and social justice.
Intersectionality refers to the multiple forms of discrimination, their interdependence, and their relationship to dominance and oppression, which involves exploiting one social group by another. In intersectional analysis, privilege describes as advantages one enjoys because of their identity or social position (Maillé, 2022). Therefore, when people understand who they are and their societal position, they can enjoy certain privileges and understand the situations that oppress them. The goal of intersectionality is to recognize how a person’s identity takes shape by how other identities intersect with their own. The effects of these traits tend to pile up on one another, with each variable potentially influencing the others. In Canada, for instance, in 2016, non-racialized white women had a lower median income than white men. For women of color, the disparity got highly pronounced. Therefore, racial and gender differences in earnings are possible. Some intersectional feminists believe that all oppressions are of equal importance, meaning we must treat them all similarly.
According to (Maillé, 2022), intersectionality originated in the United States after the abolition of slavery. Thinkers like W.E.B. Du have used the experiences of African Americans to highlight the complexities of domination regimes. Studies on women, class, and race played a significant role in the notion of intersectionality to emerge. Intersectionality developed as a critical lens through which to examine the oppression of African-American women within the context of white feminism. The notion of intersectionality quickly rose to prominence in Anglo-Saxon feminism with the publication of her seminal works (Maillé, 2022). Intersectionality is compatible with the identity politics strategy of emphasizing the injustices suffered by multiple marginalized communities. However, this hypothesis has faced several challenges. Its origins in highlighting the lives of Black American women made race an implicitly significant factor. Some feminists outside the United States are skeptical of this notion because they believe it reflects just the realities in the United States. Intersectionality is complex because of the many terminologies it employs, such as intersections, intersecting systems of privilege and oppression, simultaneous oppressions, and interrelated disparities. These varying interpretations have the potential to come across as unclear and ambiguous, yet they can also get perceived as a strength.
The concept of intersectionality appears in the work of several organizations in the Canadian context (Hobbs & Rice, 2018). Women’s Shelters Canada, for one, has found that current processes of reaction to violence against women and persons of other genders have failed to reduce violence significantly. The most violent acts happen against people with the least access to services. This is especially true for rural and remote women and women of Indigenous communities. This is also true of people who identify as non-binary, transgender, migrants, people of color, and as people with disabilities.
Canadian authorities are now actively shaping and enforcing intersectional public policy. This is most pronounced with GBA+. Systemic inequities and the potential effects of government actions on men and women from different origins get evaluated in this process. Statistics Canada’s Centre for Gender, Diversity, and Inclusion Statistics provides the means to generate cross-sectional data on GBA+ (Cameron & Tedds, 2020). However, as in most nations, Canada is still in the early phases of integrating intersectionality into its policies. Therefore, intersectionality helps Canadian communities understand the interactions between the different forms of oppression in the country. Indigenous women suffer oppression due to their gender, social class, the historical backgrounds. There is also high marginalization resulting from the experiences connected to slavery. Therefore, by recognizing such experiences, people become aware of the increasing rates of social inequalities. People can fearlessly advocate for an approach that can achieve a more inclusive society. However, it becomes crucial to explore the experiences’ complexity to develop the most effective strategy.
Recognizing the multiple dimensions of privilege in Canada requires an understanding of intersectionality. For instance, most white women in Canada enjoy special treatment due to their ethnic background (Hobbs & Rice, 2018). Also, cisgender individuals have an identity different from the standard genders, which could offer them some unique privileges. Therefore, understanding each group’s advantages can help change the country’s power narrative to establish a more equitable society. However, while someone can enjoy some privileges in a particular area, they can also experience a disadvantage in a different area. For instance, race can give a white person more recognition, while gender preference can subject them to a particular form of oppression.
As a result, intersectionality activism in Canada plays a significant role in helping the communities understand how diversity and complexity of intersectionality affect the marginalized communities in Canada by identifying the various ways through which different forms of oppression intersect. Several movements have developed to help advocate for the rights of indigenous communities and make their voices heard in the country. Such groups include Idle No More Movement, which advocates for indigenous communities’ sovereignty and equal rights (Richez et al., 2020). However, the movements need better connections with the social justice systems, which hinders them from efficiently achieving their objectives. Still, it is difficult to understand and recognize the root causes of standard forms of oppression different communities are experiencing. As a result, the movements may have different views regarding their operations, hindering the effectiveness of their attempts to advocate for social justice and equality for all. Another problem is that some activists use personal experience and identities to shape the movements instead of focusing on the universal systems promoting oppression in the country.
However, today’s movement faces a different landscape than it did back then. Many women who have spent years working on getting problems significant to underrepresented groups onto the political calendar are now avoiding or ignoring identity politics altogether. Members of modern women’s movements have dissected identity categories like gender, race, class, cultural background, citizenship, disability, and sexual orientation to demonstrate the arbitrary nature of such labels (Hobbs & Rice, 2018). Using IFFs, social categories, including race, class, gender, sexuality, abilities, citizenship, and Aboriginality, among others, function relationally. They do not exist independently but develop meaning and force through reinforcing and referring to one another. Women are disproportionately affected by poverty and exclusion worldwide, yet focusing solely on discrimination based on gender ignores the complex nature of these issues. The marginalization and oppression of indigenous women, for instance, or the effects of globalization on the lives of women in the world’s poorest countries, cannot get disentangled from their gender. Gender alone is no longer adequate to provide a richly nuanced analysis due to the recognition of how power dynamics overlap to structure women’s lives. Therefore, government-based feminists face a complicated system and may feel constrained to normalize women’s rights by discussing gender-based policy analyses. Women’s movements cannot adopt these terms due to the difficulties of altering state practices and beliefs.
In conclusion, intersectionality is a powerful tool that helps us understand different perspectives through which oppression and privileges intersect in Canada. It allows us to understand how various experiences based on our originality and levels influence how we interact with each other, either positively or negatively. Most white people can enjoy many privileges due to their color compared to black people. Still, gender gives people certain privileges, and all those factors help to understand different dimensions of power distribution in the country. Most marginalized communities face high discrimination and oppression due to their color and originality. Slavery represents the leading cause of their slavery as the systems that promoted their oppression are still in operation. However, various social justice activists have come out to contend for equality and justice among everyone regardless of race, gender, or class. Although they experience the challenge of understanding the operations of the oppressive systems, their efforts have contributed to implementing laws and policies that encourage inclusiveness.
References
Cameron, A., & Tedds, L. M. (2020). Gender-Based Analysis Plus (GBA+) and Intersectionality: Overview, an Enhanced Framework, and a British Columbia Case Study. Available at SSRN 3781905.
Hobbs, M., & Rice, C. (Eds.). (2018). Gender and women’s studies: Critical terrain. Canadian Scholars.
Maillé, C. (2022). Intersectionality. https://www.thecanadianencyclopedia.ca/en/article/intersectionality#:~:text=HistoricaCanada-,IntersectionalityDefinitions,onesocialgroupbyanot
Njeze, C., Bird-Naytowhow, K., Pearl, T., & Hatala, A. R. (2020). Intersectionality of resilience: a Strengths-Based case study approach with Indigenous youth in an urban Canadian context. Qualitative health research, 30(13), 2001-2018.
Richez, E., Raynauld, V., Agi, A., & Kartolo, A. B. (2020). Unpacking the political effects of social movements with a strong digital component: The case of# IdleNoMore in Canada. Social Media+ Society, 6(2), 2056305120915588.
Introduction Categories Of Genocide And Political Violence Sample Assignment
Introduction
Genocide is a sad story, a terrible experience, and an imagination that someone would never wish to happen to any group in society because it has terrible implications for human life psychologically, physically, economically, and socially. [1]It is a complex and multifaceted occurrence, which in most situations, results from a long history of racial, ethnic, national, religious, political, or any other form of tension and conflicts influenced by minor circumstances, igniting anger between the conflicting groups. Dehumanization of the target group is the main factor that would cause persecution to the inferior group by a superior group who would feel threatened, and hatred might force them to retaliate against the hate, mistreatment and injustice done to them.
[2]Genocide would involve deliberately and systematically causing violence to destroy properties and murder randomly members of the target group, ethnic cleansing of the minority in the society, mass killing, Politicide, and democide. Other sinister happenings during the Genocide include rape, torture, and mutilation, as well as the destruction of cultural and religious heritage, forced displacement, and the denial of basic human rights. It becomes quite hard to control Genocide because it escalates quickly and intensely when there are poor legal frameworks committed to upholding human rights and the rule of law, as well as a willingness to take action to prevent and punish those responsible for Genocide.
The study of Genocide in relation to political violence is essential because historic political convictions are largely influenced by emotional perceptions based on groupings in the society or nation. Thus, when certain groups view themselves as inferior and unrepresented and feel their interests are neglected intentionally or ignorantly, the people resolve to anger and hatred, which could be a recipe for Genocide. [3]Various examples of Genocide include the Holocaust, the Armenian, the Rwandan, Cambodia, and the Bosnian, among others.
Various Categories
- Murder
[4]In the history of Genocide, murder has been the primary method that has been used to commit Genocide, as it is the most lethal tool for retaliation and persecution. The severity of Genocide is determined based on the total number of people who were killed. The most where in most of all genocide cases, murder was a priority by the targeting group. [5]Some of the case studies of the worst genocides characterized by systematic murdering include Mao Zedong’s Regime(1949-1976), Stalin’s Communist Regime (1929-1953), The Holocaust (1939-1945), the Cambodian Genocide, Armenia Genocide, Rwandan Genocide among others.
[6]Mao Zedong’s Regime (1949-1976) had a communistic ruling in China where Mao Zedong murdered an estimated number of people, between 40 million to 70 million during his reign, which was a very large population. He committed these atrocities in two circumstances where The “Great Lead Forward” and the “Great Proletarian Cultural Revolution” was faced with an anti-government protestation, resulting in many people dying in prison camps, and The “Leap” agricultural development plan, which ended up starving more than 30 million farmers to death.
[7]Stalin’s Communist Regime (1929-1953) of Joseph Stalin in the Soviet Union executed a murderous outbreak, including the Great Purge, targeting specifically political dissenters and the Ukrainian Famine. This mass starvation was imposed and condemned the entire Ukrainian population to a slow demise. [8]It terminated between 23 and 50 million people’s lives. In other genocides like Cambodian under the leadership of the Khmer Rouge from 1976 to 1980, who declared a new era of peasant-oriented society, he mistreated them and murdered about 2 million people. [9]The Rwandan massacre ignited by the sudden death of President Habyarimana in 1994 resulted in conflict between the majority Hutu and minority Tutsi resulting in the death of about 1 million people.
- Ethnic cleansing
Ethnic differences in a society or nation with historical injustices done to either group have been a serious cause of Genocide where the groups coexist with regular systematic attaches on each other. [10]When either clash escalates, it becomes disastrous because the majority group will cause violence and forcefully expulse or exterminate the inferior ethnic group from the geographical area. In addition, it can force the creation of an ethnically homogeneous society following the rules, cultures, leadership, and another social, economic, and political lifestyle. Most of the genocides in the history of the world are characterized by ethnic differences.
For instance, the Rwandan Genocide was purely provoked by historic ethnic differences between the ethnic members of Tutsi, a minority, and the members of people of the ethnic origin of Hutu. [11]The ethnic difference is believed to have started during colonial rule when the minority Tutsi were favored and given lucrative privileges by the colony. The death of their president, who was of Hutu ethnicity, was believed to be an assassination led by Tutsi. Thus, the Hutu-led government, police, soldiers, and militia, using riffles and machetes, led a campaign to slaughter their counterparts with no mercy systematically.
[12]Another example of ethnic cleansing genocide was executed in Armenia in Ottoman Empire between 1914 and 1919, where a systematic slaughtering of Armenian Christians by Ottoman forces happened. The Ottoman justified the cleansing to terminate the invasion of Christianity conspiracy that desired secession. He ordered the systematic killing of men and forced women and children to confess, denouncing Christianity and conversion to the Islamic religion.
- Mass Killing
This action is typically taken with the intent to completely or partially eradicate the target group due to their ethnicity, religion, nationality, or race, culminating from differences in historical backgrounds. [13]Mass murder is a form of Genocide that can involve various techniques, such as bombings, shootings, or other acts of violence meant to terrorize the targeted population and establish dominance and control over them. Several genocides have been characterized by mass killing, probably authority-led in the respective set of society.
[14]The Holocaust is one of the most horrific mass killing executed by Adolf Hitler between 1941 and 1945, during World War II in Germany, where he persecuted the “undesired” elements, who were Jews. Jews with other minorities were subjected to mass shootings, death matches, extermination camps, and deprived food, among other atrocities. [15]The Nazis regime killed over 6 million Jews and several other minorities across Europe.
[16]Another mass killing happened during the Mongol invasion in the 13th century, characterized by widespread terror perpetuated by the Mongol army, where an average of 80 million people were killed. The idea behind the killing was to conquer and expand the Mongol territory across the Eurasian continent. Also, the invasion displaced a huge population due to terror and panic, who ran and left their places, which Mongolians later took up.
[17]The Circassian Genocide was another example of mass killing where Russia led a massacre of Muslim Circassians who lived alongside the Black Sea from 1840 to 1870. The Russian-Circassian war was attributed to the Genocide where the agenda of the Russian force was to forcefully deport native Carcassians people to some parts of the Ottoman Empire, Ubykhs, Abkhaz, and other parts, from their land to create space for the Russians to occupy. During this altercation, more than 600,000 Circassia people lost their lives.
- Politicide
[18]Politicide is another form of Genocide characterized by political violence where a group or government systematically seeks to eliminate or suppress another group based on their political beliefs or affiliations. Political divide probably in power or the stronger political group would instigate violence in the form of killings, torture, forced displacement, imprisonment, and non-violent tactics like censorship and propaganda. [19]Historian Barbara Harff coined the term “politicide” in the 1980s to describe the phenomenon of state-led violence against political opposition groups. During Politicide, the destruction of political institutions, such as political parties, labor unions, and civil society organizations perceived as a threat to the ruling regime’s power happens. Politicide might not have a lot of killing. Still, there could be severe discrimination and suppression of human rights by the opposing group. It is more of modern Genocide because politics are evolving in all nations in the world. There are various occasions where politics happened.
[20]The military was used as a political system in the Argentine dictatorship, which terrorized the country from 1976 to 1983, kidnapping, torturing, and killing tens of thousands of its citizens. [21]The ruling party restricted the freedom of speech of those who supported the murder of defenseless civilians, some of whom “disappeared” but were killed. About 30% of those who vanished were women; some were abducted along with their children, and perhaps 3% either became pregnant while detained or became pregnant while there, usually as a result of guard rape. Pregnant prisoners were frequently kept alive until they gave birth. At that point, they were killed, and the infants and young children were taken from their missing parents and given to childless military and police couples and other people who the regime favored while having their identities erased.
[22]Another phenomenon, which occurred in a different version of Politicide, is the Cambodian Genocide. The Khmer Rouge regime, led by Pol Pot, used that situation and targeted anyone perceived as a threat to his regime, including intellectuals, professionals, political opponents, and their followers. Pol Pot intensified the war in 1977, and in December 1978, the Vietnamese sent more than 60,000 troops, along with air and artillery units, across the border. On January 7, 1979, they captured Phnom Penh and forced Pol Pot to flee into the jungle, where he resumed guerrilla operations, killing hundreds of thousands of people.
- Democide
[23]Democide is another form of Genocide, which is centrally controlled by the government or the leadership to kill or suppress many people for political reasons such as maintaining power. The target group in democide is not entirely based on ethnic, religious, or racial segregation but a general one perceived to threaten the regime in power, including political opponents, activists, and intellectuals. Democide closely relates to Politicide, but it is not much influenced by history, but the current situation, which would try to make the authority uncomfortable. Authoritarian leaders, vigilantes, or a section of military groups to counter resistance from a section of people mostly execute democide, intending to shut the opponents down and ensure no one opposes their leadership. Most of the genocide phenomenon had elements of democide where the authority could execute groups that tried to oppose their plans and operations.
[24]Another instance of democide occurred during the Darfurian Genocide, which was carried out in retaliation for an attack on the government by a rebel group in Darfur in 2003. The two Darfuri rebel organizations launched attacks on the Sudanese government’s military targets, the Sudan Liberation Movement (SLM) and the Justice and Equality Movement (JEM). In response, the government of Sudan, headed by President Omar al-Bashir, armed the Janjaweed militia to attack black Africans in Darfur who were viewed as sympathetic to the rebels. Based on their racial and religious identities, they attacked and killed many civilians in South Kordofan, the Blue Nile, and the Nuba Mountains, applying the same “scorched earth” policies as they did in Darfur.
[25]Besides, the current situation in China is a form of democide where the Chinese government is campaigning against the Uighur Muslim minority in Xinjiang province. It has been including mass detentions, forced labor, and cultural suppression. Since 2017, the execution has been going on, and the exact number of victims is unknown, but estimates range from hundreds of thousands to over a million.
Conclusion
In conclusion, genocide phenomena have been expressed in certain ways, most of which have been witnessed in almost all genocide cases. These genocides include all genocides that have elements of intentional, deliberate, and systematic violence, destruction, displacement, and killing. Various reasons have described the category of Genocide. For instance, mass killings would happen for political, economic, social, racial, or religious reasons. Similarly to murdering, ethnic cleansing, which results from a conflict between the superior and inferior ethnic group, Politicide, and democide are all triggered one either of the mentioned reasons. Various examples of Genocide include the Holocaust genocide, the Armenian Genocide, the Rwandan Genocide, the Cambodian Genocide, Algeria’s dictatorial regime, and the current evident one in China, where the Muslim group is being oppressed. The study of these categories as related to Genocide is critical in understanding its history, the factors which contributed to it, and the vulnerability aspect of the inferiors in relation to the superiors. Due to growing civilizations worldwide, politics have remained the most likely dispensation with possible sources of violence. Thus the study of political violence helps understand it and evaluate possible prevention and mitigation measures.
Bibliography
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[1] Reuter, T. Kempin. “ethnic conflict.” Encyclopedia Britannica, November 15, 2021. https://www.britannica.com/topic/ethnic-conflict.
[2] The Holocaust Explained. “What Is Genocide?” The Darfur Genocide – The Holocaust Explained: Designed for schools, n.d.. https://www.theholocaustexplained.org/what-was-the-holocaust/what-was-genocide/the-darfur-genocide/.
[3] Reports, Staff. “World’s Worst Genocides.” BORGEN, February 25, 2016. https://www.borgenmagazine.com/worlds-worst-genocides/.
[4] FEIN, HELEN. “Accounting for Genocide after 1945: Theories and Some Findings.” International Journal on Group Rights 1, no. 2 (1993): 79–106. http://www.jstor.org/stable/24674446.
[5] The Holocaust Explained. “What Is Genocide?” The Darfur Genocide – The Holocaust Explained: Designed for schools, n.d.. https://www.theholocaustexplained.org/what-was-the-holocaust/what-was-genocide/the-darfur-genocide/.
[6] Reports, Staff. “World’s Worst Genocides.” BORGEN, February 25, 2016. https://www.borgenmagazine.com/worlds-worst-genocides/.
[7] Hingley, R. Francis. “Joseph Stalin.” Encyclopedia Britannica, March 31, 2023. https://www.britannica.com/biography/Joseph-Stalin.
[8] Reports, Staff. “World’s Worst Genocides.” BORGEN, February 25, 2016. https://www.borgenmagazine.com/worlds-worst-genocides/.
[9] SLAWSON, LARRY. “The Top 10 Worst Genocides in History.” owlcation, January 1, 2023. https://owlcation.com/humanities/The-Top-10-Worst-Genocides-in-History
[10] Andreopoulos, G. J.. “ethnic cleansing.” Encyclopedia Britannica, December 6, 2021. https://www.britannica.com/topic/ethnic-cleansing.
[11] The Holocaust Explained. “What Is Genocide?” The Darfur Genocide – The Holocaust Explained: Designed for schools, n.d.. https://www.theholocaustexplained.org/what-was-the-holocaust/what-was-genocide/the-darfur-genocide/.
[12] Suny, R. Grigor. “Armenian Genocide.” Encyclopedia Britannica, March 25, 2023. https://www.britannica.com/event/Armenian-Genocide
[13] Vaughan, D.. “mass murder.” Encyclopedia Britannica, April 4, 2023. https://www.britannica.com/topic/mass-murder.
[14] Berenbaum, M.. “Holocaust.” Encyclopedia Britannica, April 4, 2023. https://www.britannica.com/event/Holocaust.
[15] Berenbaum, M.. “Holocaust.” Encyclopedia Britannica, April 4, 2023. https://www.britannica.com/event/Holocaust.
[16] Reports, Staff. “World’s Worst Genocides.” BORGEN, February 25, 2016. https://www.borgenmagazine.com/worlds-worst-genocides/.
[17] SLAWSON, LARRY. “The Top 10 Worst Genocides in History.” owlcation, January 1, 2023. https://owlcation.com/humanities/The-Top-10-Worst-Genocides-in-History.
[18] R.J., Rummel. Definition of democide (Genocide and mass murder), n.d.. https://www.hawaii.edu/powerkills/DBG.CHAP2.HTM.
[19] Bauer, Yehuda. “Genocide and Genocide Prevention.” Taylor & Francis, January 22, 2023. https://www.tandfonline.com/doi/full/10.1080/23739770.2022.2163791.
[20] Holocaust Museum Houston. Holocaust Museum Houston, n.d.. https://hmh.org/education/argentina-1976-1983/.
[21] Holocaust Museum Houston. Holocaust Museum Houston, n.d.. https://hmh.org/education/argentina-1976-1983/.
[22] HISTORY.COM EDITORS. “Pol Pot – Biography, Facts, Regime & Death.” History.com. A&E Television Networks, August 21, 2018. https://www.history.com/topics/cold-war/pol-pot.
[23] R.J., Rummel. Definition of democide (Genocide and mass murder), n.d.. https://www.hawaii.edu/powerkills/DBG.CHAP2.HTM.
[24] Britannica, T. Editors of Encyclopaedia. “Eduard Rüppell.” Encyclopedia Britannica, December 6, 2022. https://www.britannica.com/biography/Eduard-Ruppell.
[25] Maizland, Lindsay. “China’s Repression of Uyghurs in Xinjiang.” Council on Foreign Relations. Council on Foreign Relations, September 22, 2022. https://www.cfr.org/backgrounder/china-xinjiang-uyghurs-muslims-repression-genocide-human-rights.
Liability For Guest Property Sample Essay
11.1 Liability for Guests Property
Analyze the Situation 11.1
1) Did the hotel comply with the state legislature’s requirement that the notice be conspicuously posted?
No, it is unlikely that the hotel complied with the state legislature’s requirement that the notice be conspicuously posted. The notice was allegedly positioned interior a dresser drawer stuffed with extra blankets for the guestroom, which is an unusual and non-conspicuous location. Furthermore, the font size needed to be bigger to be read from a distance of 2 feet, making it challenging for guests to become aware of the law’s existence and content. These elements show that the lodge no longer met the “conspicuously posted” requirement set forth by the state legislature.
2) How could the hotel manager, in this case, ensure compliance with the “conspicuous posting” requirement of the state legislature?
To comply with the “conspicuous posting” requirement of the state legislature, the lodge manager needs to take several steps. First, they ought to discover the posting requirements set forth by the state legislature and ensure they are completely understood. Then, they need to overview the area of all existing notice postings to ensure they comply with the requirements. If necessary, new postings have to be created, or current ones moved to pretty seen areas of the hotel. A clear, legible typeface must be used which is giant enough to be easily read from a practical distance. Upon check-in, staff must be educated to inform guests of the law, which includes the protected savings container requirement. Finally, the notice postings’ effectiveness must be monitored and evaluated to ensure compliance with the law.
11.2 Bailments
Analyze the Situation 11.2
1)What is the nature of the bailment relationship in this situation?
The bailment relationship in this scenario was one of mutual benefit bailment. Mrs. Kathy Weldo gave her full-length sable coat to the Fox Mountain Country Club’s coat check attendant for safekeeping as she attended a wedding ceremony reception. The club offered a free coat check service to its individuals and guests, and Mrs. Weldo accepted it. She was given a small plastic tag with a number corresponding to the number on a coat hanger where her coat was hung. The club benefited from this bailment relationship using providing a treasured carrier to its individuals and guests, while Mrs. Weldo benefited from the convenience of not having to carry her coat around the club during the course of the reception.
2)Did the club exercise reasonable care in handling Mrs. Weldo’s coat?
The club did not exercise maximum care in handling Mrs. Weldo’s coat. Leaving the coatroom unattended and the door unlocked in the course of the attendant’s breaks created an opportunity for the coat to be stolen. Additionally, the prominently displayed signal disclaiming responsibility for misplaced or stolen property does not absolve the Club of its duty to take reasonable care in safeguarding the property of its guests.
3)What Should the Club Manager Do to Avoid Situations Such as This in the Future?
The club manager should consider enforcing stricter policies and techniques for the coat check service. This should consist of hiring an extra body of workers to ensure that the coatroom is not left unattended, locking the door throughout breaks, and enforcing a more impervious tagging device to stop mix-ups or theft. Additionally, the club could overview and replace its signage to ensure that it properly informs guests of its constrained legal responsibility for lost or stolen property.
11.3 Property with Unknown Ownership
Analyze the Situation 11.3
1)Would the Jacket be Considered Mislaid, lost, or Abandoned Property?
The jacket would be viewed as “lost” property. The jacket was observed in a plastic bag in this case, suggesting the owner may have inadvertently left it behind. The reality that no possession marks were on the jacket or bag suggests that the owner did not intend to abandon it.
2)Who is the Current, Rightful Owner of the Jacket
Since no one has claimed the jacket for a hundred and twenty days, it may be viewed as deserted property. Per the manager’s statement, unclaimed property found on the motel’s premises belongs to the motel. Therefore, the present-day rightful owner of the jacket would be the Lodge Inn Motel.
3)How Could the Motel Manager Avoid Future Confusions About Handling “Found” Property?
Coming up with policies ought to address the following:
- The process for reporting and turning in located items.
- The timeframe for conserving unclaimed items before they are disposed of or donated to charity.
- The criteria for deciding the rightful owner of a located item.
- The process for returning items to their rightful owner includes the technique for verifying ownership.
What Would You Do?
A Letter
Dear [Owner of A-I Parking],
Thank you for offering the opportunity to buy your valet parking business. We appreciate the extremely good services that A-I Parking has furnished us over the previous five years, and we value our business relationship with you.
After cautious consideration, we have decided not to purchase your business. Working the valet parking service ourselves would change our relationship with our restaurant customers. Currently, A-I affords a third-party service, and any problems or complaints are addressed directly with them. If we were to assume accountability for the valet parking service, we would end up directly responsible for any problems that may arise.
We also need insurance for practicable damages to vehicles and different areas of legal responsibility we would likely need to insure against. This would be an additional fee and could extend our operating costs.
Assuming responsibility for parking our guests’ automobiles should have both plausible pros and cons. On the one hand, we would have more control over the parking service and ought to tailor it to meet our specific needs. On the different hand, we would be taking on additional responsibility and risk, which should be steeply-priced if anything were to go wrong.
If we had been to purchase the valet parking business from A-I, we would additionally want to think about the agency, liability, and bailment problems that would arise. As the new owners, we would end up the bailee of our customers’ automobiles, and we would want to ensure that we had suitable approaches and safeguards to guard our guests’ property.
Again, we recognize the opportunity to buy your business, but we have decided it is not the proper match for us now. We wish you success in your future endeavors.
Sincerely,
[Your Name]
[Restaurant Manager]
References
YOUR RESPONSIBILITIES FOR GUESTS’ PROPERTY CHAPTER 11 11.1 LIABILITY FOR GUESTS’ PROPERTY Common Law Liability Limits on Common Law Liability Ensuring the Limitation of Liability. (n.d.). Retrieved April 7, 2023, from https://nscpolteksby.ac.id/ebook/files/Ebook/Hospitality/Hospitalitylawmanaginglegalissuesinthehospitalityindustry(2012)/12.Chapter11-YOURRESPONSIBILITIESFORGUESTSPROPERTY.pdf