Exam # 1

Laws consists of rules enforceable in court that require people to meet certain standards of conduct

One of the influences on hospitality law was the poor reputation attributed to innkeepers in fourteenth and fifteenth century England

Common Law can be modified by statute.

Compensation for an injury case is the objective of a criminal case

The actions of hospitality managers can influence the possibility of a business or the manager becoming the subject of litigation.

Punitive damages are awarded to a plaintiff to compensate for a loss caused by the defendant

The federal government includes the executive, legislative and judicial branches.

Rebecca was attacked at gunpoint while walking home from work late one night. Her pocketbook was stolen and her arm broken. She wants compensation for the money that was stolen and her medical bills. True or False: To secure compensation, she should pursue a criminal case.

A case titled Boris Napow v. Jerry Cribo is a civil case?

The people who govern administrative agencies are elected into office

A judge can never deviate from precedents

The consequence for a defendant failing to respond to a complaint is a default judgement

In a particular case, the plaintiff is from Chicago, Illinois and the defendant is from Tucson, Arizona. The amount of the claim is 43,000. True or False: Federal courts will have jurisdiction of this claim.

The plaintiff presents its case-in0chief before the defendant presents its case-in-chief

Most cases end up in trial.

The defendant is the person who initiates the lawsuit.

A defendant made a successful motion to have a case dismissed because the court lacked jurisdiction. True or False: The plaintiff can restart the case in a court that does have jurisdiction.

The Supreme Court of a state has the authority to hear every kind of case

Both the lawyers and the judge can ask questions during the voir dire; the lawyers present the summations; the judge charges the jury

The voir dire is a presentation to the jury outlining the proof the lawyer expects to present during the trial

Jan made reservations at a hotel for three nights and paid the deposit of one night's charge. Due to family illness, she was forced to cancel the reservations. The hotel was able to rent the room to someone else. True or False: The hotel is entailed to retain Jan's deposit due to breach of her contract.

A breach of contract is a crime

Pain and suffering is recoverable in a breach of contract lawsuit

The following is an offer: "We have chicken, fish and meat entrees"

For a plaintiff to collect money in a breach of contract case, the plaintiff must prove that it attempted to mitigate the loss.

The Namberry Hotel had a minimum two-nights stay during the summer weekends. This arrangement was announced in all its advertisements and explained to all who inquired about reservations. Sam made a two-bight reservation and paid in advance. After spending one night in the hotel, he decided to leave. True or False: Sam is entailed to a return of his advance payment for the second night.

A hotel is remodeling its lobby. The manager negotiated a contract for the work with a construction company and was about to sign it. The hotel manager then decided that installation of four additional wall plugs, not referenced in the contract, were needed. The manager thereafter signed the contract, which did not make reference to the additional plugs. True of False: The hotel manager can enforce the company's promise to install the four extra plugs.

If one party to a contract mad a unilateral mistake, the contract is voidable.

A void contract is unenforceable in court.

A oral contract made by a restaurant for the purchase of a freezer for $1,100 is enforceable in court.

After an offer is made, a contract results wether the offer accepts of rejects.

A contract mad by a person who lacks contractual capacity is void

A restaurants duty to licensees requires that it inspect the premises for unsafe conditions and then correct those conditions

An employer is liable for the negligent acts of its employees

Proximate cause is a direct and foreseeable connection between the duty owed and the breach of that duty.

The doctrine of res ipsa loquitur creates a rebuttal inference that the defendant was negligent.

If the problem that caused injury to a diner at a restaurant could not have been discovered upon a reasonable examination of the premises, the restaurant will not be liable for the injury

The legal duty we have to act reasonably is owed to everyone

From the time a visitor of a hotel guests enters the hotel until the visitor leaves, the visitor is legally considered an invitee

A hotel is an ensurer of guests' saftey

The plaintiff in a negligence case is unable to prove primate cause, the plaintiff will lose the case and not be able to recover

The only duty owed by a hotel to a trespasser is to warn of those dangers about which the hotel is aware.

A five year old child;s negligence caused injury to a man. True or False: The child will be liable to the man for his injuries

A plaintiff proved that she slipped on a fresh cherry on the floor of a restaurant in which she was having lunch. The restaurant proved that it exercised reasonable care in maintaining a clean floor. True or false: The plaintiff will win the case.

Consistent with common practice, the lifeguard at a hotel pool periodically adds chlorine to the water to ensure clean and healthful conditions. One afternoon, after adding the appropriate dosage, the lifeguard failed to return the chlorine to its normal storage place and instead left it near the base of the guard chair. Unknown to the lifeguard, a young swimmer saw the chlorine, drank some, and became very ill. True or false: The hotel will be liable for the injuries.

When determining appropriate security measures, a hotel must consider not just prior crimes on its premises but also recent crimes in the general area.

A couch in a hotel room was quite worn, and a spring from the seat was poking through. Sarah, a guest, sat on the coach and was injured by the spring. True or false: The hotel is liable for Sarah’s injuries.

The occurrence of a rape on a hotel’s premises is conclusive evidence that the innkeeper was negligent.

Gordon was visiting New York City on business. He asked his college roommate, who lived in New York, to join him at the hotel for dinner. While visiting Gordon, the friend fell on a loose board in the lobby floor. True or false: Since the friend is not a guest of the hotel, the hotel will not be liable for his injuries.

A restaurant was located on the sixth floor of a building. Kim rode the elevator to the floor, intending to have lunch at the restaurant. When the elevator operator opened the door, the elevator was five inches below the floor, creating a step between the elevator and the restaurant floor. While exiting the elevator, Kim struck her foot against the elevator shaft, fell, and was injured. True or false: Kim should have observed the positioning of the elevator; if she sues the hotel for her injuries, her own negligence will negatively impact her recovery.

To avoid liability, hotels and restaurants must make sure that there is no way for guests to injure themselves in any way on the premises.

Jim returns to his room intoxicated after a night on the town. He was able to find the bed and crawled in. Soon after he fell asleep, some plaster from the ceiling fell, resulting in facial injuries. He sued the hotel for his injuries. True or false: Jim’s intoxication should reduce the amount of damages the hotel will have to pay.

A hotel is not required to offer its guests medical service.

If a hotel complies with all the safety requirements mandated by statute, it will not be liable for any injuries caused to guests from fire.

If a hotel has been the victim of property crimes (theft and burglaries) but not violent crimes against individuals, the hotel does not have to anticipate or protect against violent crimes.

Mandy was going on a six-day trip and was concerned about her vegetable garden. A neighbor agreed to go to Mandys house every other day and water the plants while Mandy was gone. True or False: The relationship constitutes a bailment.

All state legislatures have adopted statutes to limit hotelkeepers' liability for guests property losses

Notice posted by a hotel that safes are available for safekeeping of guests property, without more, is adequate compliance with more limiting liability laws.

Wether or not a guests watch should be placed in a hotel safe may depends on the value of the watch

A laptop computer owned by a guest was stolen from the hotel room. True or False: If the guests has insurance coverage on the computer, the hotel will not be liable.

To be successful in a lawsuit, a bailor whose property has been damaged by a bailee must resent evidence to establish that the bailee was negligent

A hotel guest, while dining in the hotels restaurant, maintains her status as a guests for purposes of limiting liability statues.

Prior to the advent of limiting liability statues, an ice storm occurred in a small town where the Miscadem Motel was located. heavy ice formed on tree limbs, causing many to break from the weight. One heavily iced branch fell on a hotel window, causing it to break. Shattered glass caused injury to a guests personal property inside. True or False: Under common law, the hotel would have been liable for the loss.

The Bedrock Motel includes on its registration form a notice of the availability of a safe and that the hotels liability is limited. The statute of the state in which the motel is located requires posting this in all the public rooms of the hotel. True or False: The notice on the registration for satisfies the statutory posting requirement in most states.

In a mutual benefit bailment, both the bailor and the bailee owe each other certain duties.