legal aspects test 1

a hotel has an affirmative duty not to allow unregistered and unauthorized third parties access to a guests room because:

a guest has rights of privacy and peaceful possession

Which of the following statements is false?

a hotel can insulate itself from liability by hiring outside contractors and service providers

If you are deemed to be legally responsible or obligated in a legal situation, that means that you have been found to be _____________.

liable

exculpatory clauses:

may be void or unenforceable in some states

damages awarded against a party in order to punish the party for outrageous conduct

punitive

which is not an area that the Americans with disabilities act covers?

racial diversification

in order to limit liability for the loss of guests valuables, the hotel is usually required to post notices in strict compliance with the state--- to inform the guest of the existence of the safe or safe deposit boxes

statute

in the blansit v Hyatt corp of Delaware (the runaway escalator) case, the appellate court found:

Hyatt had paid Westinghouse electric corporation to maintain the escalator, however, any negligence on the part of Westinghouse did not relieve Hyatt of its liability

there is no contract unless

Offer is accepted unconditionally without changes by offeree

When a guest has paid for a room:

The hotel generally has no authority to permit anyone to search the guest's room without a search warrant

according to chapter 1, the definition of a motel is

a lodging facility deriving the greater part of its room business from members of the general public who are traveling by automobile and which ordinarily provides space for the parking of guests automobiles on the premises

Which of the following statements is TRUE?

a void contract is one that cannot possibly have any legal effect

--- is a casualty, loss, or event caused by direct, immediate, and exclusive operation of the forces of nature, uncontrolled or influenced by the power of human beings

act of god

what is not a material point that should be received in a guest reservation

address of hotel

--- is the duty to sustain the burden of proof

affirmative duty

in the Campbell v Womack case, the mans wife arrived while her husband was out and requested a key to his room. The desk clerk denied the request, since the wife was not a registered guest and her husband had not authorized the motel to release his key to his wife.The couple went to another motel and later sued for embarrassment, humiliation, and mental anguish as a result of the hotels breach contract. The court:

affirmed the right of hotels to exclude unregistered persons, including a quest's spouse

negligence is

an unintentional tort

----- is a specific provision in a contract that spells out a formula for calculating charges in the event that the full room block is not used

attrition clause

In some cases, the courts have been called upon to determine whether a party should be considered a bailee or a gratuitous bailee. Why?

because an ordinary bailee is held to a higher standard than a gratuitous bailee

---- can be defined as: laws derived from historical customs and usage of a society, and the decisions by courts when interpreting those customs and usages

common law system

If a hotel consents to property being brought upon its premises, it is considered ________________.

constructive custody

a longstanding hotel guest has traditionally paid his bill on a. weekly basis. If that guest stops paying for the room and refuses to leave, a hotelkeeper should:

consult an attorney to determine whether a dispossession proceeding is required before acting

under which theory of liability is a plaintiff awarded nothing if he or she is even 1% negligent?

contributory negligence

George checks into the hotel curious. Senior Amarillo, the owner of the hotel, notices that George was what appears to be a contagious disease. What can senior Amarillo do?

evict George, as long as he does it in a careful manner and to a safe place

an--- contract is definitely set forth in words, either oral or written; an---- contract is inferred from the acts and conduct of the parties

express; implied

difference between federal and state courts

federal courts can do both federal and state law

A clause that permits either party to not perform the contract if they cannot do so because of reasons outside of their control is known as what?

force majeure clause

In the Hotel Del Coronado v. Qwip Systems case, Qwip Systems, a division of Exxon Enterprises was sued by the hotel for failure to occupy 250 rooms over a 4 day period when Qwip Systems changed its plans from treating qualifying employees to a stay at the Hotel Del Coronado in San Diego to a trip to Spain. The court found:

in favor of hotel del Coronado and hotel del Coronado was awarded the value of the loss of renting the rooms to quip systems as well as lost additional revenue which del Coronado estimated that quip's guests would have spent at the hotel for meals, beverages, and other miscellaneous items

the civil rights act of 1964 applies to any establishment affecting what?

interstate commerce

how does the doctrine of respondent superior affect the hotel as an employer?

it states than an employer may be held liable for the acts of employees who are acting within the course of their employment

---- is defined as "doing something a reasonably prudent person would not have done, or failing to do that which a reasonably prudent person would have done under similar circumstances"

negligence

dr Sheldon cooper accepts a package delivered by the united postal service on behalf of penny. Under common law, a legal bailment has been formed. According to this legal bailment, dr cooper has---- to sell the goods contained in the package without penny consent

no right

longtime roommates, Bert and Ernie, decide to open a quaint bed and breakfast in New York. is their bed and breakfast subject to title 3 of the Americans with disabilities act?

no, so long as the properties reside in the bed and breakfast and they rent out 5 or fewer rooms

in TX, in order to meet the statutory requirements to comply with tX occupations Code section liability for valuables and therefore limit the hotels liability against losses, the hotel should post a printed copy of section where?

on the door of the guests sleeping room

a hotel keeper is engaged in a "-----" and therefore must take into the hotel travelers who apply to be received as guests.

public employment

if a person has the legal status of--- he/she can be compelled to leave the premises only if the hotel brings a dispossession in the proper local court

tenant

not necessary in a cause in a tort action

the action causing the harm must be intentional

which of the following is not a necessary element for. cause in a tort action

the action causing the harm must be intentional

In the Rainbow Travel Services v. Hilton Hotel Corp. case, a travel agency out of Oklahoma City organized a tour package for Oklahoma football fans to travel to Miami and stay at the Hilton Hotel during their stay. When the group arrived at the hotel, they were told that no rooms were available at the hotel and arrangements were made for the group to stay at a hotel/apartment complex. The travel agency sued. Which of the following statements is TRUE?

the court affirmed the jury finding that the travel agency had sustained damages to its goodwill

In 2001, a document began to circulate on the web entitled "Yours is a Very Bad Hotel." Which of the following statements about this document is TRUE?

the document is a powerpoint presentation of the alleged occurrences at a hotel where two guests with confirmed reservations arrived very early in the morning to find that there were no rooms available

a hotel refuses to accept a guest with a valid reservation because it has no rooms available. On what grounds might the hotel be liable

the guest may sue for breach of contract

in the Stalin v Hilton case, where a guest fell and hit his head in his room while putting on his shorts, the court found that:

the hotel owed no duty to provide medical aid, but if the hotel did offer to assist with medical help, it must exercise reasonable care in providing such assistance

which of the following is NOT a circumstance listed in the text, under which a hotel may refuse a guest, notwithstanding the general common law and statutory obligation to receive a person.

the person arrives at an unusual hour

When does a hotel become a bailee of a non-guest's property?

there is not a statutory provision limiting liability and the hotel agrees to accept the property for safekeeping

professor filled offers to give you $50 for no reason in particular. He even puts the offer in writing. You of course say, "sure, ill take it!"

this is not a contract because there is no consideration from you to professor Lilley

as a general rule, a hotel has the right to evict a person who is not a guest or patron of the hotel

true

in the people v Blair case, in which the defendant was convicted of murder, which of the following was NOT addressed by the court?

whether a guest's spouse has an affirmative right to access to the guest's room

the issue in the case of kelly v United States (the prostitute case) was?

whether a hotel has the right to exclude a non-guest

in the Edgewater motels inc v gatzke case, it was found that gatzke, an employee of Walgreens was at least partially responsible for fire damages caused to the hotel. what was the primary issue to be decided in this case

whether an employees smoking of a cigarette can constitute conduct within the scope of his employment

statues are defined as

written or codified laws enacted by the legislative branch of government

Does the Americans with Disabilities Act mandate the type of auxiliary aids or services that must be provided to individuals with disabilities so that those individuals may enjoy the same goods or services as non-disabled persons?

yes

Dr. Simon tam has a reservation to stay at the the hotel serenity for three days. due to some unforeseen government intrusions, dr tam refuses to leave after the three days. Malcolm Reynolds the owner of the hotel would like to evict dr tam. is the owner legally allowed to evict dr tam

yes, bc a hotelkeeper has the right to evict a guest who stays beyond the agreed number of days