exam 2 ch 5,6,8,9

___ are laws that protect a person from liability for all but gross negligence where, in an emergency situation, the person tries to help a sick or injured person or someone in peril.

Good Samaritan law

A group of diners stole the wine glasses that had been used at their table from a restaurant. What crime have they committed? a. larceny b. theft of services c. assault d. forgery

a

a guest who uses a stole credit card to pay for a hotel room has committed all of the following crimes except one. Which crime was not committed? a. issuing a bad check b. forgery c. possession of stolen property d. theft of services

a

daisy arrived at a hotel at 3 am. She rang the bell on the registration desk to alert the sleeping attendant of her presence. Which of the following is true: a. if the hotel has vacancies, it must provide a room to daisy b. due to the lateness of the hour the attendant can refuse to provide accommodations c. the attendant must provide daisy with a room but, due to the lateness of the hour, can charge her additional fees d. the hotel has discretion in this circumstances and can either provide a room or not as the attendant sees fit.

a

which of the following is a risk that is assumed? a. the risk that a person playing tennis will be hit by a ball in play b. the risk that a person playing racquetball may fall in a hole on the court c. the risk that a ski trail will have a small bush on it d. the risk that a paddle boat at a hotel has a hole in it, cause the boat to slowly sink

a

a hospitality establishment that, in most states, can refuse to server people because of age is ___

a restaurant

an ___ is a potentially dangerous object or condition of exceptional interest to young people.

attractive nuisance

If a hotel complies with a limiting liability statute and a guest's property is stolen, what , if any, liability does the hotel have? a. the hotel will be liable for the full amount of the loss b. the hotel will be liable only for the amount set by the statute c. the hotel will have no liability d. the hotel will be required to pay the guest double the amount of the loss.

b

The legal doctrine that imposes liability on a defendant even when the defendant is not negligent is: a. comparative negligence b. strict liability c. last clear chance d. contributory negligence

b

a women was sitting in a hotel lobby. She was not a guest and had no intention of renting a room. what action can the hotel legally take? a. the women has an implied license to be on the premises, and the hotel cannot evict her unless she becomes disorderly b. the women has an implied license to be on the premises, but the hotel can revoke the license by asking her to leave. If he fails to do so, the hotel can evict her. c. the women is a trespasser, and she can be immediately evicted without the need to ask her to leave d. the hotel can not remove her without calling the police.

b

while of the following is true about a hotel's liability for merchandise samples? a. it is not liable unless the guest notifies the hotel of their presence and the hotel acknowledges in writing their presence and value. if the hotel does so, it has unlimited liability. b.it is not liable unless the guest notified the hotel of their presence and the hotel acknowledges in writing their presence and value. If the hotel does so, it has limited liability. c. a hotel has unlimited liability for merchandise samples d. a hotel has no liability for merchandise samples regardless of a written acknowledgement.

b

A hurricane was expected in the vicinity of a hotel. the police ordered everyone within a 25 mile radius to evacuate, and television stations broadcast the plans for evacuation. the hotel ignored the warnings and did not inform its guests of the evacuation directive. as a a result, the hurricane caused extensive damage to guests property. is the hotel liable for the loss under these circumstances? a. no a hotel is not liable when the cause of the damage was an act of god b. no a hotel has no liability for guests property c. yes, a hotel is liable when it could have avoided the damage by the exercise of reasonable care d. yes a hotel is absolutely liable for all loss caused to guest property when they are at the inn.

c

A patron was injured at a restaurant. Both the restaurant and the patrons were negligent. If the restaurant is located in a state that follows the comparative negligence rule, while of the following is true? a. the restaurant will have no liability, and the patrons case will be dismissed b. the restaurant will be fully liable for the injuries c. the jury will allocate the liability between the patron and the restaurant, the patron will collect a percentage of liability attributed to the restaurant. d. The restaurant will be fully liable for the loss and will be required to pay putative damages as well.

c

A waitress at a restaurant, while checking on her tables, observed a diner choking. Is the waitress legally obligated to aid the choking diner? a. no, and is she does and is negligent, the restaurant will not be liable. b. Yes, and if she does not, the restaurant will be liable. c. no, but if she does and is negligent, the restaurant will be liable. d. yes, and if she does, the restaurant will not be liable even if the waitress is grossly negligent.

c

Heather, a guest at a hotel, was injured when she caught her foot in a hole in the pavement on an outdoor tennis court operated by the hotel. Which of the following is true concerning the hotel's liability? a. the hotel will not be liable because heather assumed the risk b. the hotel will not be liable because the injury did not occur inside the building that houses the guest rooms. c. the hotel will be liable because it was negligent for failing to repair the hole or alert guests of its presence d. the hotel will be liable because the assumption of risk doctrine does not apply to sporting events.

c

Which of the following is not true concerning young people? a. a young child who is negligent will not be liable for any injuries caused by thereby. b. the standard of care owed to young guests by a hotel that accepts children as guests impacted by their inexperience and impulsive nature. c. because parents are required to care for their children, the duty of care owed to children is the same as that of adults d. The doctrine of attractive nuisance applies to children

c

a guest's leather coat was stolen from the guest room by a new housekeeping employee who had a criminal record that included two convictions for theft and burglary. the hotel had filed to inquire about or investigate the employees criminal past. what liability does the hotel have in this circumstance? a. the hotel has no liability b. the hotel will have only limited liability in the amount specified by the same statute c. the hotel will be fully liable for the loss d. the hotel will be liable for double the loss.

c

in a criminal case brought by a restaurant against a patron for failing to pay the bill, what is true about intention to defraud? a. intention to defraud is not an element of the criminal case, and therefore the restaurant does not need to prove it. b. the restaurant must provide evidence establishing that the defendant intended to defraud the restaurant. c. one the evidence is presented that the defendant received food without paying, a rebuttal presumption arises that the defendant intended to avoid payment. This presumption eliminates the need to present evidence of intent to defraud. d. whether or not the restaurant must prove intention to defraud is a matter of the judges discretion.

c

rosie recently had reconstructive surgery on her face and nose because of a baseball accident. While she was a guest at a hotel, the heel on her shoe because wedged in a hole on an outdoor cement step, causing her to fall and land on her face. Because rosies surgery had no fully healed, her injuries were more severe than the would otherwise have been. The hole was cause by the deterioration of the cement. What is rosie entitled to recover from the hotel? a. nothing, the hotel was not negligent in this situation b. only money for the injuries that a person who had not had recent surgery would have sustained. c. full compensation for her injuries d. out of pocket damages, but not compensation for pain and suffering.

c

shannon is a receptionist in the hotel dinning room and is required to wear dressy clothes to dinner. one of her outfits needs shortening, and she delivers it to the tailor. who is the bailee? a. shannon b. the hotel c. the tailor d. the manufacturer of the dress

c

will a hotel be liable every time someone drowns in its pool? a. yes a drowning is conclusive evidence that the hotel was negligent in some way b. yes a hotel is strictly liable for all injuries occurring in and around the pool c. no the hotel is not liable unless it was negligent no the hotel is never liable, because a guest who uses a hotel pool assumed the risk of drowning.

c

for a plaintiff in a negligence case to succeed there must be a ___ relationship between the injury and the unreasonable conduct

cause and effect

A bailment created by law rather than agreement is called a ___ bailment

constructive

In a case where both the plaintiff and defendant are negligent, the defendant will have no liability if the state follows the rule of ___

contributory negligence

unlike eviction of guests, a hotel cannot evict a long term boarder without a ___

court order

A resort hotel rented bicycles by the day to its guests. Each morning before the bikes were rented out, and each night after they were returned, hotel personnel tested the bikes to be sure the horn, brakes, and other mechanisms were working properly. Once a week, each bike was thoroughly inspected and given a tune-up. While a guest was using one of the bikes, the brakes malfunctioned and the guest suffered an accident. Is the hotel liable for the injuries? a. yes the hotel is negligent b. yes the hotel is an ensurer of guests safety c. no a hotel is not liable when its sporting equipment malfunctions no the hotel is not negligent under the circumstances

d

in what room of a hotel does an innkeeper not have a duty to exercise reasonable care? a. card room b. public bathroom c. meeting rooms d. none

d

outdoor light fixtures should be inspected ___ to ensure they are in good working order

daily

A hotel has only one safe, which is located at the registration desk. The safe is open from :30 am until midnight. (T/F): this availability will protect the hotel from full liability in cases of loss of guests jewelry

false

A restaurant that complies with all of the safety statues and ordinances applicable to it will not liable for negligence regardless of how a patron is injured. (T/F)

false

Due to a hotel's negligence, an entertainer broke her leg and was unable to perform as scheduled at a sold out concert. The promoter of the concert sued the hotel in negligence to recover its loss. (T/F): The hotel will be liable to the promoter for the loss.

false

Gordon was visiting NYC on business. He asked his college roommate, who lived in NY, to join him at the hotel for dinner. While visiting Gordon, the friend fell on a loose board in the lobby floor. (T/F): since the friend is not a guest of the hotel, the hotel will not be liable for his injuries.

false

a bailment of a car cannot occur unless the driver gives the keys to the parking lot attendant (T/F)

false

a hotel that has acknowledged in writing the presence of merchandise samples will be liable for the full value of their loss if it was caused by the hotels negligence (T/F)

false

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 (T/F)

false

jan arrived at a waterfront hotel where she had reservations. when the bellhop showed her the room, she expressed disappointment because the room did not have a view of the lake, and she demanded to be reassigned to a room with a better view. (T/F): the innkeeper is required to reassign jan to another room.

false

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. (T/F): Jim's intoxication should reduce the amount of damages the hotel will have to pay.

false

notice posted by a hotel that safes are available for safekeeping of guests property, without more, is adequate compliance with most limiting liability statutes (T/F)

false

the civil rights act of 1964 prevents a hotel from barring religious adherents from going door to door among the guest rooms seeking new adherents for the religion. (T/F)

false

if an innkeeper wrongly determines that a guest stole towels from a room and so detains the person, the guest may also be able to sue the hotel for ___

false arrest

Equitable estoppel precludes a person from claiming a right or benefit that might otherwise have existed because that person made a ___ to someone else who relied on it to his or her detriment.

false representation

a hotel that has experienced prior security incidents may be required to take more security precautions than another hotel because the prior incidents suggest that additional criminal activity is ___

foreseeable

three parts of a window that a hotel should inspect regularly to avoid accidents include ___,___,___

glass screens panes

a diner paid for dinner with a check. Two days earlier the diner had closed the account on which the check was drawn. The diner is guilty of the crime of ___

issuing a bad check

a ___ is a security interest int he property of someone who owes a bill

lien

___ refer to goods for sale brought to a hotel by a salesperson/guest.

merchandise samples

___ is a breach of legal duty to act reasonably that is the direct or proximate cause of injury to another.

negligence

a restaurant was sued when a diner was injured by a malfunctioning automatic entry door. if the restaurant can prove that it has a regular maintenance and inspection plan for the doors, it may be able to establish that it was not ___

negligent

a ___ is an obligation that cannot be transferred to another

non delegateable duty

is a bailment for the sole benefit of the bailor, the bailee is required to exercise ___ of care for the bailed evidence.

only a slight degree

a ___ case is one sufficient to warrant a judgement for the plaintiff is the defendant does not contradict the evidence.

prima facie

the common law rule of ___, adopted by six states, provided that a hotel was liable for loss caused to guest's property only if the hotel was negligent.

prima facie

a hotel provided the service of a doctor to sick guests. while tending to a guest, the doctor misdiagnosed certain symptoms. Unrelated to the misdiagnosis, the guest died the next day of a heart attack. If the guests family sued the hotel for negligence (malpractice), they would not be successful because they would be unable to prove ___

proximate cause

the legal doctrine of ___ will benefit the plaintiff in a case where the circumstances suggests that the defendant was negligent but no proof of specific acts of negligence exists.

res ipsa loquitora

jenny lent her camera to a friend who was going to a wedding reception. This king of bailment is called a bailment ____

sole benefit of the bailee

The doctrine of ___ imposes liability on the seller of a defective product without regard to negligence

strict product liability

Referring to a situation which the property of a guest is stolen from a hotel, ___ means that an insurance company that reimbursed the guest for the loss can sue the hotel in lieu of the guest.

subrogation

___ refers to many types of noncriminal wrongful conduct done by one person and causing injury to another

tort

All state legislators have adopted statutes to limit hotel keepers' liability for guests property loses (T/F)

true

If a plaintiff in a negligence case in unable to prove proximate cause, the plaintiff will lose the case and not be able to recover (T/F)

true

If assumption of risk applies, the defendant will not be liable (T/F)

true

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. (T/F)

true

a couch in a hotel room was quite worn, and a spring from the seat was poking through. Sarah, a guest, sat on the couch and was injured by the spring. (T/F): The hotel is liable for sarah's injuries

true

a hotel can treat a holdover guest as a trespasser (T/F)

true

a hotel that uses verbal abuse to effect an eviction may be liable to the person evicted (T/F)

true

a restaurant owner has recently been jilted by a redhead. he wishes to exclude all redheads from eating in his establishment. (T/F): the restaurateur can legally refuse to serve redheads.

true

when determining appropriate security measures, a hotel must consider not just prior crime on its premises but also recent crimes in the general area (T/F)

true