THE DUTY OF BUSINESS TO SERVE THE PUBLIC: ANALOGY TO THE INNKEEPER'S OBLIGATION

Abstract

In this article the author examines the duty owed by business to the public and examines provincial statutes which censure prohibited conduct in any public institution. The author discusses the history leading up to such legislation and examines the common law surrounding the centuries-old relationship of innkeeper and guest. The author then analyzes some of the obligations owed by an innkeeper to his guests, and examines the various Canadian statutes dealing with that relationship, as well as with many others. In concluding his article, the author reinforces the recognition given by common law and statute, and argues that those running their businesses must do so in a manner that ensures fair and equal treatment of every prospective patron and member of the public.