Property owners may be liable for defective products offered to guests by a third-party tenant

Cornell Hotel and Restaurant Administration Quarterly

Volumn 38, Issue 2, 1997, Pages 18-19

  Sherry, John E H ^a  

^a NONE

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EID: 0031115726     PISSN: 00108804     EISSN: None     Source Type: Journal    
DOI: 10.1177/001088049703800219     Document Type: Article

References (3)

1. 1 Samuel Friedland Family Enterprises v. Amoroso, 630 So. 2d 1067 (Fla 1994).
2. 2 For example, see Livingston v. Begay, 652 P. 2d 734 (New Mex 1982).
3. 3 If the boat-rental vendor were considered an agent of the resort, the resort would be bound by any promises or actions of that agent. The agency relationship is extended by the theory of apparent agency. In such a situation one party appears to the guest to be an agent of the resort, even though in reality the two are independent firms. In the case under consideration, since the resort actively marketed the sailboat rentals, guests might easily be led to believe that the rental firm was an agent of the resort - leading to potential liability under the theory of apparent agency. See, for example, Jon P. McConnell, "Apparent Agency: Caught by Illusion," Cornell Hotel and Restaurant Administration Quarterly, Vol. 26, No. 2 (August 1985), pp. 28-33.