Test 3 (HMT LAW)

Once served with a lawsuit, the defendant would have ____ days to file an answer before a default judgment would be entered against the defendant

30

A "tort" is:

A civil wrong committed against an individual or entity

Alcohol is ____.

A depressant

"Duty of Care" in the hospitality industry is best defined as:

A legal obligation that requires a standard of conduct

Dram shop is described as:

A name given to a variety of state laws establishing a liquor licensee's third party liability

Which of the following will not be considered a covered establishment under the ADA Title III?

A private residence

If a guest were to slip and fall in a puddle where there was not a wet-floor sign, or other reasonable indication of danger, then the hotel has likely committed:

A tort

Which of the following falls under one of the four priorities recommended for the ADA Title III compliance:

Accessible approach and entrance

An innkeeper will likely be liable for damage to, or loss of, a guest's property unless the damage was caused by:

All of the above

Which of the following scenarios would not be considered a posting of a conspicuous notice of the limitation of liability statute in a hotel guest room?

All of the above apply

Which of the following are true statements concerning a patron who places his umbrella in an umbrella stand upon entering a restaurant.

All of the above statements are true

Which of the following is a true statement?

As a hospitality operator, you have a responsibility to take reasonable steps to safeguard the personal property that guests bring with them onto your premises

A person or entity who gives property to another in a bailment arrangement is known as a ______.

Bailor

Why is immediate removal of a bed bug infestation critical?

Bed bugs reproduce and the infestation can spread quickly, resulting in costly removal.

The law that protects people from liability in the event they take non-negligent action to save someone's life, in a life threatening situation is called ____.

Good Samaritan Laws

Which of the following statements about Title II of the Civil Rights Act of 1964 is accurate?

It is a violation of Title II to deny any person admission to a public facility based on race, color, religion or national origin

A product that is flavored or seasoned in a particular manner, without any significance to religious concerns is known as ____.

Kosher-style

Personal property of a guest that has been put aside on purpose but then has been forgotten by the rightful owner is known as _____.

Mislaid property

Under which theory of liability would a severely injured guest who allegedly slipped on some liquid on the floor in your restaurant file in his or her lawsuit?

Negligence

When items of value are found, the first goal should be to?

Return the property to its rightful owner

The enforcement of truth-in-menu regulations is done by the ______.

State and local public health departments

Hospitality room service attendants and managers should be trained to recognize and be observant as to guests who have checked in to the hotel by themselves, and order an expensive room service dinner and likewise an expensive bottle of wine or alcohol. This is known in the industry as ____.

The Last Supper

Other than extended stay-type lodging properties and absent a formal agreement describing the legal relationship between the guest and the hotel, why should a hotel manager be concerned about a guest who stays for an extended period of time as a hotel guest?

The guest may be deemed a tenant invoking a landlord/tenant relationship

"Truth in Menu" can be summed up by ensuring that

The menu items must accurately reflect the price that is charged and the food that is served

The best example of "strict liability" in a restaurant would be

The sale of defective food or beverages

The United States has a _______ system for the distribution and sale of alcohol beverage products.

Three-tiered (manufacturer to distributor to retailer)

Which of the following is a "Theory of Liability?"

Torts

The UCC stands for:

Uniform Commercial Code

Common areas of operation that are regulated by individual state Alcohol Beverage Commissions (ABC) are

all of the above

Valet car parking at a restaurant would be a good example of a ____.

bailment for the benefit of both parties

Best practices suggest that unclaimed personal property found by a hotel employee

be given to the employee who found the property if the owner doesn't claim it within 60-days

The defendant's attorney wants to learn more about an incident that has happened on hotel property and has requested that all witnesses appear to have their oral testimony recorded for use in the trial phase. This oral testimony would take place in the form of _____.

depositions

An invitee is an individual who is on a property at the _______ consent of the owner.

implied & expressed

If the rightful owner does not return in a reasonable amount of time, ownership of the property transfers to:

n/a

Many states prohibit all of the following except ____.

n/a

Intentional torts include all of the following except ____.

negligence

A guest in your restaurant leaves angry because his steak was incorrectly cooked. He has a wreck on the way home injuring himself and others, then threatens to sue the restaurant. What necessary element is probably missing in this case to substantiate negligence?

proximate cause

Hoteliers may prohibit guests from checking into hotel with all of the following, except _____.

service animals

A hotel may refuse to admit or serve a guest in all the following events, except _____.

the person wants to bring into the hotel a service or guide animal.

The best thing to sober up an intoxicated person is

time