Free Essay

Time Bar

In: Other Topics

Submitted By tracy12345
Words 728
Pages 3
According to the federal legislation act the prescription for a company to file a claim for their loss or damage is 4 months however, since we are unaware of the conditions and the exact location that the damage had occurred we will cover the legislation in both Quebec and Ontario as well.
Ontario’s period of limitation is two years unless the act provides otherwise .The proceedings must have been started “no later than the second anniversary of the day that the claim was discovered.” The two-year rule applies for mostly all cases unless there is evidence to explain why there was no claim submitted.
According to the legislation discovery is described as:
“5. (1) A claim is discovered on the earlier of, a. the day on which the person with the claim first knew, i. that the injury, loss or damage had occurred, ii. that the injury, loss or damage was caused by or contributed to by an act or omission, iii. that the act or omission was that of the person against whom the claim is made, and iv. that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and b. the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).”
Permitting to the uniform bill of lading, in paragraph 12, there is a statutorily directed provision, that states: i. “No carrier is liable for loss, damage or delay to any goods carried under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within sixty days after delivery of the goods or, in the case of failure to make delivery, within nine months from the date of shipment. ii. ii) The final statement of the claim must be filed within nine months from the date of shipment together with a copy of the paid freight bill.
Carriers are insurers of the goods and will have a heavy burden to avoid liability. The above act in the uniform bill of lading states that the notice claim has to be given in writing to the originating carrier within the 60 day window after the goods have been delivered. In the case that there is a failure to delivery the goods they must submit the notice of claim within nine months from the date of shipment. However, if there is no written agreement signed from the shipper, or someone representing the shipper, than the railway’s liability will be limited. Their liability will be limited to conditions that are “filed with regulatory authorities, if none are so specified, by the railway traffic liability regulations. Under section 6 of that Regulation no carrier is liable for the loss of goods unless a notice of loss, in printed or electronic form, is received by the originating carrier or delivering carrier within four months after a reasonable period for delay has expired, or for any damage to or delay in the transportation of goods unless a notice of that delay or damage, in print or electronic form, is received by the originating carrier or delivering carrier within four months after delivery of goods.”

According to the Quebec requirements for the bill of lading “the carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided”. The carrier is exempted from loss, damage or delay of good that are carried under the bill of lading if a notice of claim isn’t filed within 60 days after delivery of goods, or 9 months if the goods were never delivered. The notice must include the place or origin, destination, date of shipment, end date of shipment, estimated amount claimed if the goods were to be loss, damaged or shipment was to be delayed, and a copy of the paid freight bill.


Similar Documents

Free Essay

Alcohol Bar Serving Times

...mind when the phrase 'king hit' is mentioned? Is it perhaps a memory? A story you've heard about? Or maybe a news program you recall watching detailing the tragedy of yet another young person's death. For those of you who are still unaware of what I am talking about, these incidents occur mainly well into the night where predominantly young men will get into groups and form some sort of disagreement, generally fuelled by alcohol, then one of the men will be punched, usually in the head and fall to the ground. Unfortunately, in some of these cases people have died and the issue has definitely become a bit of an epidemic particularly over the holiday season. Since bars and their booze-serving times are directly related to these incidents, this brings to my perspective, a concept that bars should have a restriction on the time alcohol can be served. This restriction would undoubtedly decrease the number of alcohol-fuelled scuffles in general and would lessen the chance of an incident such as a king hit from occurring as these have devastating effects on the individual as well as the society. Just over a month ago, my brother Daniel Christie, a teenager just like you and I with dreams and aspirations passed away in a hospital bed in Sydney and became Australia's 15th fatality from a king-hit punch in six years. He was with a friend and were celebrating...

Words: 866 - Pages: 4

Free Essay

Ay-Ay-Aye Chiquita Business Plan

...service restaurant and a sport bar that deliverer’s a safe and fun environment for sports fans and family dinning. Our restaurant will provide Authentic Mexican Cuisine. Ay-Ay-Aye Chiquita has the opportunity to expand the sports bar/restaurant service industry by offering Authentic Mexican Cuisine in a fun energetic environment that all customers will enjoy. With a large Hispanic population and we are excited for this great opportunity. Visiting our competition, speaking with sports fans, restaurant owner, wait staff and management we have a well though plan ready for execution. The customers experience is our top priority. In order to deliver on that promise we plan to run our business efficiently by partnering with some of the business vendors both locally and nationally such as Cisco and the local farmers markets Greens Produce and Cow Towns Farmers Market. We believe these partnerships make the difference in delivering the value that we have promised to our clients. Our business will provide a wide array of activities that our customers and team members will enjoy participating in: Weekly activities at the restaurant during our peak sporting season, opportunity to give back to the community by donating time and money. Ay-Ay-Aye Chiquita sets itself apart from other sports bars in the area by serving authentic Mexican food. Right now, sports bars offer a variety of American Fare like burgers and wings, but there is not a sports bar in the area right now that......

Words: 2984 - Pages: 12

Free Essay

To Build or Buy

...a local dance bar. For hundreds of years, bars have been around ensuring that people are having a great time and enjoying their drink of choice. Bars will never fade away and go out of style and every city and town could always use something new and exciting that will help draw them away from one bar and to another. Everyone enjoys dancing, fun music, great drinks and entertainment throughout the whole year. Lincoln, Nebraska has around two hundred and fifteen thousand people and is always growing. It is most known for the University of Nebraska where college sports is always dominant, so that means when school is in session there are thousands of college kids ready to party and let loose from all their studying. To the west in Lincoln there is a new district that is growing steadily with new restaurants and bars. This is all within walking distance from the football stadium and the newly built arena where concerts and basketball games are played. In this area there is a city block that has two levels of bars and restaurants and an outdoor patio with a giant big screen television outside for everyone to watch major events. This place is called the rail yard since it was built right where the train station used to be many years ago. At the rail yard people have their choice of choosing a bar to enjoy, getting a drink outside and watch an exciting sporting event on the giant screen or do both. At the very top of the corner in the rail yard there is a bar called Vega.......

Words: 2823 - Pages: 12

Free Essay

Courtroom Observation

...a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of Mr. Hard’s intoxication levels. He did not notice the altercation Mr. Hart had with Mr. White at the door nor did he notice Mr. Hard tripping over a pool stick. These specific inferences were after the last drink was served therefore this defendant considers this actual knowledge. Common law prior to the 1988 at the Supreme Court Statue does allow constructive knowledge for inferences and the...

Words: 1625 - Pages: 7

Free Essay

Implications of a Working Student on Academic Performance

...The service of the business can be full service and may stand alone or can be accompanied with other facilities such as bar and hotel. A bar is a retail business establishment that serves alcoholic drinks  beer, wine, liquor, and cocktails  for consumption on the premises. Bars provide stools or chairs that are placed at tables or counters for their patrons. Many bars have a happy hour to encourage off-peak patronage. The term "bar" is derived from the specialized counter on which drinks are served. Customers may sit or stand at the bar and be served by the bartender, or they may sit at tables and be served by cocktail servers. The "back bar" is a set of shelves of glasses and bottles behind that counter. In an economy, it contributes greatly to the progress because it provides employment and healthy competition. It also satisfies the needs of the society and other business as well.  Customer satisfaction is the main goal of a restaurant that is why they aim to discover unique menus and serve quality of foods and services that would make their customers satisfied. Customers have different lifestyles and they will eat in a restaurant that matches their standard of convenience. But sometimes others want to taste variety of foods and explore as well. Common reasons why consumers choose to eat at restaurants because of its ready to it for those who have no time for cooking. Background of the Study Customers play an important role in the business operations. They are the life......

Words: 6102 - Pages: 25

Premium Essay

Club It Part 1

...Club IT website I found out some great information. Some of the information I got were the functional areas and how the information resource including intranet, how to accomplish their mission and serve their clients. The organizational information systems. For planning and customer relationship management. The owners Lisa Tejada and Ruben Keys both graduated with degrees in Business Administration in 2000. (“Club IT”, 2013). Club IT is a trendy, hip, and entertainment club. The club has nearly 6,000 square feet of space with 600 square feet of dance floor, seating for almost 220 people. Their bar even has four pour stations (“Club IT”, 2013)(four bar tenders can be working at a time).Being able to have several bartenders at once will cut back on how busy the bar gets and make customers happy because they do not have to stand in line to get a drink or some food for a long period of time. They have several different events such as; live music on the weekends, a nice size dance floor, lots of seating, and great food and drinks. The mission statement of Club IT is “We, Ruben and Lisa, offer you live music, DJ’s, dance space and refreshments that suit your lifestyle. You are our friends, and we seek to build a community that meets regularly at Club IT.” ("Club It ", 2013). The clientele of Club IT are young professionals, students, and people ranging from 21-30. The employees consist of one assistant manager, four bartenders, six wait staff, two stewards, two short-order......

Words: 751 - Pages: 4

Free Essay

Courtroom Observation

...wrong doing based off the 1988 Indiana Supreme Court Case which stated that contextual knowledge alone will not suffice. The plaintiff, Deborah White, is requesting that the court denies the defendant’s request for summary judgment. The plaintiff claims to have sufficient evidence which will prove bartender John Daniels did see visible signs of intoxication from Edward Hart. Edward Hart had consumed 11 drinks within a two hour span while at the Tavern. Regardless of body type, shape or size that amount of Alcohol consumed by a single individual can reasonably infer that he had shown visible signs of intoxication. Edward Hart had been observed falling off of his stool as well as tripping over a pool stick by another patron in the bar. Upon leaving the bar Edward Hart had hit multiple parked cars in the parking lot. Mr. Hart displayed signs of his inability to operate a motor vehicle by swerving all over the road, driving on the opposite side of the roadway, taking out a mailbox, and eventually crashing into plaintiff, Deborah Whites car injuring her and killing her husband. His BAC (blood alcohol content)...

Words: 1664 - Pages: 7

Premium Essay

The Dram Shop Law

...laws created by state legislatures to make bars and strictly liable for injuries stemming from the sale of alcoholic beverages.  Dram shop actions are actions for personal injuries and/or property damage arising out of the unlawful furnishing of alcohol by a retail liquor licensee. However, vicarious liability is the liability which falls on one person as a result of an action of another. In modern dram shop lawsuits, dispensing alcohol to minors poses the greatest risk of liability because many courts permit recovery even though the minor was not intoxicated at the time of the purchase or had previously obtained alcohol from another source. Additionally, proving that the alcohol vendor should have known that a patron was underage is a simple matter in light of strict alcoholic beverage control rules that require servers first check identification to confirm the patron’s birth date and Serving alcoholic beverages to a person who is already intoxicated is also a profound liability hazard in many states even though ,it is difficult to develop bright line characteristics that identify the intoxicated patron who should not be further served. I believe alcohol plays a role in many different types of incidents involving personal injuries or death; a dram shop action may be included with other types of causes of action against a variety of defendants. To me, I've got mixed feelings about this. Though generally speaking, a bar patron is considered an "invitee". An......

Words: 821 - Pages: 4

Free Essay


...representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter.   Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to the record 11 of these alcoholic drinks were served in a very short period of time, and the bartender claims that Mr. Hard never showed any signs of public intoxication. According to Mrs. White there was a time when Mr. Hard had left his seat and proceeded to trip and fall over a pool cue. He got up and stumbled back to the bar and sat back down. According to Mrs. White this was not witnessed...

Words: 1400 - Pages: 6

Free Essay

Miami School District you to get the things done that are necessary to open your business. Having a business plan that is simple and easy to follow will help in the success of your business. Everything to get a business started relies on how much money you have to get started. If you don't have enough then you need to find ways to raise the fund needed. You don't want to start on something for your business unless you have the funds. This will only make it more difficult and stressful for you. The two businesses I would like to discuss are the restaurant and extermination business. First the restaurant business. Opening a sports bar today in not a new idea. Lou and Jose are going to need a fresh new idea when entering this market. It could be from the choices of food to the choices of entertainment aside from the large tv's around the bar. Let's face that has already been done. They could have choices like tv bingo or theme night. Whatever they do they need to be original. However there are some things to take care of before they get to this point. They will need to get there liquor license and food license. They will have to pass health and safety inspections before they can even...

Words: 1054 - Pages: 5

Free Essay

Pumphouse Bar & Grill

...The Pumphouse Bar & Grill Session 4 – Final Observation Paper Cheryl Barthuly ENG102 English Composition October 19, 2011 Professor Bennett The Pumphouse Bar & Grill The Pumphouse Bar & Grill came very highly recommended, and I was anxious to see what makes this pub so popular. A friend suggested the pub as a meeting place for lunch but warned it can get busy as it is in the heart of Bellevue’s business center. From the outside, the building is white and plain looking, blending into the surrounding scenery with no indication of its true character. The building is comprised of two restaurants a pub, which is located on the west side, and a Chinese restaurant located on the east side. It appears tiny in size, as does the parking area. There is beautiful green ivy intertwined on white lattice leading up to the front of the building. This ivy wall conceals a small, enclosed outside seating area for when the weather is nice. I then round the corner and a big, bright red door is waiting to welcome all who enter. The atmosphere inside is a drastic contrast to the outside. The walls vibrate with life! There is a line waiting just inside the door and the place is completely packed. There is so much chatter. One cannot detect a single conversation from another as they all blend as one massive, noisy conversation. As I entered, a polite young woman explained it would be a moment before a table is ready. The interior is huge, which is very......

Words: 1055 - Pages: 5

Premium Essay

Case Study

...that O’Malley’s Tavern is also at fault for over serving a customer to the point of excessive intoxication. The facts of the case were very clear cut and obvious to me. The bartender at O’Malley’s Tavern served Mr. Hard six beverages within the last half hour he was at the bar. On the tab Mr. Hard paid it showed that he ordered 13 drinks and that 11 of them were consumed by Mr. Hard. His blood alcohol content was at a .20, which is two times the legal limit of .08. Being in the medical field and also being a Command Drug and Alcohol Program Advisor for the Navy I know that at a .20 there is no way you are of sound mind to do anything. Usually a person with this Blood alcohol content are confused, they need help completing tasks (standing, walking, using the bathroom), they are between 50-100 times more likely to get into an accident, and they are very close to being incoherent. At 7:43pm Mr. Hard left the bar, according to the bartender, appearing to be of sound mind and judgment. He was picked up by the police at 7:55pm slurring, disheveled and with no recollection of what had happened. Clearly this man had way too much to drink and should have never been served this much in such a short period of time. According to the Dram Shop Act Indiana Code 7.1-5-10-15.5 “Sec. 15. (a) It is unlawful for a person to sell, barter, deliver, or give away an alcoholic beverage to another person who is in a state of intoxication if the person knows that the other person is......

Words: 1714 - Pages: 7

Premium Essay

Casual Dining Cyprus Market

...CYPRUS MARKET COMPETITION ANALYSIS CASUAL DINNING The casual dining category represents the highest percentage of food and beverage operations in Cyprus. This category includes casual dining chains, traditional Cyprus taverns, international cuisine restaurants, bar/restaurant operations (Irish bars), ethnic restaurants. During the last decade cafés have entered the casual dining market and managed to absorb a significant share by offering competitive prices. The majority of those outlets are family owned, however during the last decade many family businesses are expanding into bigger organizations with a more professional approach into the product, service and price. Some of those concepts even though they are not worldwide famous brands have managed to maintain high standards in food quality and service and are well profitable operations. Cyprus Tourism Organization (CTO) is dealing mainly with the promotion of Cyprus as a touristic destination. At the same time, the CTO in cooperation with Health Authorities and Fire Department are enforcing strict quality standards regarding hygiene, health and safety, store design and operation. As a result Cyprus during the last 30 years has developed a food and beverage industry with premium quality standards for products and service. Casual Dining Chains This category, which is also analyzed on the next chapter, is international chains that are operating or will shortly operate in Cyprus. TGI Fridays holds the biggest share on...

Words: 1291 - Pages: 6

Free Essay

Why People Travel members or friends who live in other parts of the world. People also travel for business purposes catching flights that will quickly take them to their destination. Many individuals travel for celebrations like weddings, births, and even funerals (Merith, 2009). My favorite reason to travel is for relaxation. My husband and I travel a few times each year for romantic getaway weekends. The pressures of our jobs, the lack of privacy in our home, and the need for a quiet place to relax without the obligations of parenthood are just a few of the reasons we have for traveling. We have a favorite hotel where we enjoy spending the weekends away. We are there so often the staff knows us by name. The property is a Wyndham historic hotel that has been restored to its former glory. The restaurant, The Dancing Goat, serves elegant meals in a cozy atmosphere and the piano bar offers a late night opportunity for dancing and romance. The candlelit tables and soft piano music create a dreamy atmosphere. This hotel is also close to the plantation house where my husband and I were married. It is a wonderful experience each time we visit. Reference Merith, S. (2009, August 4). 10 Reasons Why People Travel. Retrieved from...

Words: 271 - Pages: 2

Premium Essay

Swot Analysis

...I chose to review and do a SWOT analysis on Take Five Sports Bar. When I began reading this business plan, I was immediately impressed that the company grosses an excess of two million dollars in its first year of business. That is extremely impressive. If business keeps with the same upward momentum, and they incorporation expansion in their everyday business mode, the sales revenue alone can grow to twenty five million dollars. The company has strong goals outlined in their objective. For example, they plan to grow and have all of the stores opened by the end of the year and have a growth of three to five million in annual sales. Another impressive thing is that they are big on product quality, and want not only great food, but great service as well. They know how to control costs and institute management controls. In addition to the company’s growth, the founder and owner of the company is offering some limited outside ownership in the company on equity, debt, or combination basis. This is a heavy promoted company. They post flyers, advertised in the newspaper by having coupons printed, television ads, and radio ads. One night a week they have a live cast from their establishment with a popular sports talk radio station. The stations have giveaways which also bring in customer. Their performance numbers and locations were also an addition to the plus column. Unfortunately, everything was not all on the plus side. There were a few weaknesses to this......

Words: 733 - Pages: 3