hmgt 4244 final
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 60 45 15
30
A "tort" is: None of the above. A fruit-filled dessert pastry. A civil wrong committed against an individual or entity. A warning sign to indicate a wet floor.
A civil wrong committed against an individual or entity.
Which of the following statements is false? The unregistered spouse of a guest has no inherent right to enter the spouse's room. A hotel has an affirmative duty to respect a guest's right to privacy in hotel rooms. A guest's right to privacy in the guest room exists even if the room rent is in arrears. A guest's right to privacy is not violated if employees enter the room during an emergency.
A guest's right to privacy in the guest room exists even if the room rent is in arrears.
Which of the following statements is false? A hotel may be held liable for damages caused by its negligence. A hotel can insulate itself from liability by hiring outside contractors and service providers. A hotel is generally not held liable for acts that it could not reasonably foresee. Whether a hotel's actions constitute reasonable care will depend on the facts and circumstances in each case.
A hotel can insulate itself from liability by hiring outside contractors and service providers.
"Duty of Care" in the hospitality industry is best defined as: A legal obligation that requires a standard of conduct. Having a comprehensive "Guest Loyalty" policy. Upgrading to the next category of room, if available. Having trained medical personnel on property at all times.
A legal obligation that requires a standard of conduct.
Dram shop is described as: A lawsuit that may arise as the result of negligence in serving alcohol to guests in your home The name of the court house that rules on issues regarding the sale or consumption of alcohol A name given to a variety of state laws establishing a liquor licensee's third-party liability The name of the area within the hotel/restaurant where alcohol can be served legally
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? Places of public accommodation Places of recreation Establishments serving food or beverages A private residence
A private residence
Which of the following falls under one of the four priorities recommended for the ADA Title III compliance: Access to the kitchen Availability of valet service Ability to sit at your own table Accessible approach and entrance
Accessible approach and entrance
Which of the following elements must be present for a guest to bring an action against a hotel based in tort? The defendant must owe a duty of care to the guest, and there must be a breach of such duty. All of the above. The guest must suffer injury and damages. A breach of duty must be the proximate cause of the injury to the guest.
All of the above
Which of the following statements is untrue?
An employee who quits his or her job for a non-work related reason is eligible for unemployment benefits.
All of the following are questions you can never ask a prospective employee for a bartender position during a job interview, except ______. : Have you ever been treated for drug addiction? Are you over the age of 18? Do you have any physical defects or impairments? Do you have children?
Are you over the age of 18?
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. As a hospitality operator, you do not need to take any steps to safeguard the personal property that guests bring with them onto your premises. As a hospitality operator, your guests are not expected to take reasonable steps to safeguard their personal property, they bring with them onto your premises. As a hospitality operator, it is not your responsibility to take reasonable steps to safeguard the personal property that guests bring with them onto your premises.
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.
If two employees in a large restaurant company tell offensive jokes to each other in the workplace which of the following is true:
Employees who overhear the jokes may have a claim against their employer for a hostile work environment.
The regulations implementing Title III of the ADA recommend which of the following properties for removing barriers in public accommodations? First, make an modifications that do not involve construction to make an existing structure more readily accessible; second, make sure any constructed alterations to an existing facility or structure are readily accessible; third, make sure all new construction is readily accessible. First, make sure the entryway of the facility is accessible; second, provide access to the primary goods and services provided by the facility; third, provide access to the public restrooms of the facility. First, make sure all new construction is readily accessible; second, make sure any constructed alterations to an existing facility or structure are readily available; third, make any modifications that do not involve construction to make an existing structure more readily accessible. First, make sure the public restrooms of the facility are accessible; second, provide access to the primary goods and services provided by the facility; third, make sure the entryway of the facility is accessible.
First, make sure the entryway of the facility is accessible; second, provide access to the primary goods and services provided by the facility; third, provide access to the public restrooms of the facility.
The Uniform Commercial Code requires you to?
Fulfill any promises made in a purchasing or sales contract
Which of the following statements regarding a hotel's duty to protect its guests is true? Hotels usually are held liable for acts that could not be reasonably foreseen. Hotels must exercise reasonable care to prevent injury to a guest. Hotels are insurers of the personal safety of guests. Hotels may delegate the duty to protect their guests to third parties.
Hotels must exercise reasonable care to prevent injury to a guest.
A particular employee monitoring technique is legal only if:
It was performed in a non-discriminatory manner.
Many states prohibit all the following except ____. Unlimited alcoholic beverages Giving alcoholic beverages as prizes None of the above statements are correct. Distribution of free alcohol
None of the above statements are correct.
Which of the following is not an advantage when purchasing a franchise?
Sensitivity to menu items for local clientele
The enforcement of truth-in-menu regulations is done by the ______. State attorney general's office Federal government State and local public health departments Each company's compliance team
State and local public health departments
All of the following statements are true, except which one? : Title VII of the Civil Rights Act of 1964, as amended, applies to employers with 25 or more employees who are engaged in interstate commerce. Discrimination based on sex includes pregnancy and childbirth. The EEOC investigates complaints by employees who allege discrimination in the workplace.
Title VII of the Civil Rights Act of 1964, as amended, applies to employers with 25 or more employees who are engaged in interstate commerce.
The UCC stands for:
Uniform Commercial Code
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 a breach of contract a crime a constitutional violation
a tort
The best way for a hotelier to indicate acceptance of an offer is?
agree to the offer in writing
A hotel can evict an individual who is not a guest for which of the following reasons? The non-guest is not a visitor of a registered guest and has no intention of becoming a guest of the hotel. All of the above The non-guest breaks one or more of the hotel's reasonable rules. The non-guest is not a visitor of a registered guest and is a nuisance to registered guests.
all of the above
If a hotel guest is taken ill with a contagious disease, the hotelkeeper can lawfully evict the guest: in a careful manner and at an appropriate hour. after notifying the guest to leave. provided such eviction does not imperil the guest's life. All of the above.
all of the above
An employee manual should contain which of the following policies? disciplinary process payroll deductions anti-harassment and anti-discrimination employers right to modify policies all of the above are appropriate.
all of the above are appropriate
Which of the following represents a fee that is ordinarily paid by the franchisee to the franchisor?
all of the above: Earnings percentage (royalty fee) Franchise application fee Advertising participation (marketing fee)
A hospitality manager may be responsible for which type of legal agreement(s)?
all of the above: Franchise Agreements Supply Agreements Employment Agreements Management Agreements
The Family Medical Leave Act of 1993 grants an eligible employee up to a total of 12 workweeks of unpaid leave for?
all of the above: The birth or placement of a child for adoption or foster care. The care of an immediate family member with a serious health condition. Medical leave when the employee is unable to work because of a serious health condition.
Which of the following is a major element of management agreements?
all of the above: The control, if any, that the owner has in the selection or removal of the business's management personnel. Insurace requirements of the management company (who must carry the insurance and how much) Incentives fees earned or penalties assessed related to operating performance
An innkeeper will likely be liable for damage to, or loss of, a guest's property unless the damage was caused by: All the above. Acts of God, such as flood or hurricane. Negligence of the guest. Civil unrest.
all the above
Which of the following guests would not be covered under the public accommodation provisions of the ADA? A person incorrectly believed to have epilepsy All of the above would be covered under Title III A person with a learning disability A person with a speech impairment
all 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? A copy of the statute is in the nightstand drawer. A copy of the statute is located on the television screen. A copy of the statute is placed in the guest room closet. All the above apply.
all the above
A well drafted conference service contract will contain a provision for cancellation by the group. If a group decreases the number of contracted attendees, this is known as _____ and a provision should also be stated in the conference service contract.
attrition
Valet car parking at a restaurant would be a good example of a ____. none of the above are appropriate. bailment for the sole benefit of the bailee. bailment for the sole benefit of the bailor. bailment for the benefit of both parties.
bailment for the benefit of both parties
A person or entity who gives property to another in a bailment arrangement is known as a ______. bailment donor Bailor a trusting soul Bailee
bailor
Under Title II of the Civil Rights Act of 1964, a person who alleges discriminatory acts by a hotel can: ask a federal court to close the hotel's doors (force it out of business). sue in federal court for compensatory damages. bring a civil action in federal district court to seek preventative relief. file criminal charges against the hotel in state court.
bring a civil action in federal district court to seek preventative relief.
An invitee is an individual who is on a property at the _______ consent of the owner. expressed and implied expressed or implied expressed implied
expressed or implied
A contract has to be in writing to be enforceable by the courts.
false
A demand letter is official notification that lets the plaintiff know the date they are due to appear in court.
false
A hotel has a legal responsibility to protect guests and invitees from all acts of third parties.
false
An eviction can only be carried out if the guest is on property at the time.
false
As long as a guest of a guest shows identification that has the same address that was given on a registration card, a key may be given to allow the guest access the desired room.
false
Bars and lounges who sell alcohol to minors using a fake ID will always be held liable even if the patron uses a false ID.
false
Because a "social host" at a private party is not selling alcohol, but rather serving it gratuitously, he or she need not be concerned about the legal implications of serving a minor.
false
Candidates who smoke are protected from habit-based discrimination when applying for a job.
false
Compensatory damages are awarded to punish the offender in an attempt to deter similar behavior in the future.
false
Discrimination against marital status by an employer is a federally protected right under Title VII of the Civil Rights Act of 1964, as amended.
false
Employee manuals should be kept up to date, and should clearly state that it is the employee who retains the right to revise the manual.
false
Exculpatory clauses seek to put blame on the hospitality operator in certain situations.
false
Franchisors are not required to disclose the restrictions on what the franchisee may sell in the franchise business and how it may be sold.
false
Hoteliers are responsible and liable for all accidents that happen on their property, whether foreseeable or not.
false
If it appears that your employees are at fault at the time of a workplace incident, it is best to let any injured parties know immediately.
false
In all cases, it is unlawful to breach a contract.
false
It is the responsibility of the courts to decide the relative fairness of consideration.
false
Quid pro quo sexual harassment is when a perpetrator, through language or conduct, creates an intimidating or hostile working environment for individuals of a particular gender.
false
Under a bailment arrangement, the innkeeper is not responsible for the condition of returned items being the same as when they were left by the guest; for example, coat checks, valet parking.
false
When a complaint is lodged, or when inappropriate activity is brought to the attention of management, the manager should wait to see if the charge is proven, and only then take action to investigate the charge.
false
Which of the following would not ordinarily be classified as a "Bona Fide Occupational Qualification?"
gender
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 Forgiveness Act Helpful Bystander Laws Alternative dispute resolution laws
good samaritan laws
Mr. Smith suffers an injury due to the hotel's negligence but he is partly responsible for the injury. The hotel is located in a state that abides by the contributory negligence rule. What is the probable outcome if Mr. Smith takes the hotel to court?
he will not cover any damages
Title III of the Americans with Disabilities Act (ADA) covers all places of lodging except: motels or motor homes with non-adjoining guestrooms (that is, "cabins"). establishments with 40 or fewer guestrooms. those that serve food and beverages. lodging places in which the proprietor resides and rents five or fewer rooms.
lodging places in which the proprietor resides and rents five or fewer rooms.
When an existing hotel alters an area of the hotel with a primary function, the hotel must also: make 30 percent of its guestrooms wheelchair accessible. file Form ADA-1022 with the federal government to signify that the hotel is complying with the ADA. make sure the "path of travel" to the altered area is readily accessible and usable by disabled individuals. post a notice near that area informing the public that the area is accessible to disabled individuals.
make sure the "path of travel" to the altered area is readily accessible and usable by disabled individuals.
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 Abandoned property Intentional property Lost property
mislaid property
Intentional torts include all of the following except ____. intentional infliction of emotional distress slander negligence libel assault
negligence
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
In a lawsuit, the person or entity that initiates litigation against another is known as the _____.
plaintiff
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? assumption of risk duty of care third-party liability substantial injuriee proximate cause
proximate cause
Which of the following is not considered "applicant screening?" interview testing background check staffing
staffing
When a hotel guest has paid for a room: that guest has implicitly waived his or her constitutional protection against unreasonable search and seizure. housekeeping staff may not enter the room without the guest's direct permission. the hotel will be liable for damages if it refuses to admit an unregistered spouse to the room. the hotel generally has no authority to permit anyone to search the guest's room without a search warrant.
the hotel generally has no authority to permit anyone to search the guest's room without a search warrant.
The best example of "strict liability" in a restaurant would be?
the sale of defective food or beverage
Hotel employees have the legal right to enter occupied guest rooms for certain purposes. Which of the following is not one of those purposes? In the event of a gas leak To see if the guest has hotel property In case of fire For routine housekeeping purposes
to see if the guest has hotel property
Which of the following is a "Theory of Liability?" Personal Injury Reasonable Assumption Torts Limited Liability
torts
A "negligent" person is one who has not used reasonable care in a situation.
true
A valid contract needs consideration flowing to both parties.
true
A well-developed group lodging contact will include detailed language about a variety of items including how room rates will be calculated if the contract is signed prior to the establishment of the group's final room rates.
true
All contracts, whether verbal or written, must be for legal purpose and in order to be enforceable, must consist of an offer, acceptance, and consideration.
true
All states have child labor laws.
true
Chipped plates and glasses, or poorly washed utensils can present as much of a legal risk as serving spoiled food.
true
Companies have the right to establish rules and policies for their workplace, so long as those rules do not violate the law.
true
Gross negligence may occur if a restaurant manager is reckless or willful failure in using even the slightest amount of reasonable care when dealing with patrons.
true
Hospitality managers are required to safeguard all guest financial information.
true
In the lodging industry, payment can be made if the hotel agrees to directly bill the company or group for all the charges.
true
Indemnification means to make one whole; to reimburse for a loss already incurred.
true
Is it legal to deny service of alcohol to an apparently intoxicated person, even if he or she is a guest in your establishment.
true
It is critical to show each component of the qualifications required to fulfill a particular job description.
true
It is illegal for the interviewer of a company to ask the person's religion to find out if they need to take "special days" off from work.
true
It is not the best practice for a human resource manager, while conducting an interview, to ask if the candidate has a criminal record.
true
Restaurants should strive to accommodate guests who ask that dishes be prepared without a specific ingredient to which they are allergic and to closely supervise the preparation of that dish.
true
Restaurants will be held responsible for the illnesses suffered by their guests if those illnesses are the direct result of consuming unwholesome food
true
The UCC is the acronym for the law regulating purchasing agreements, which gives protection to buyers, sellers and financial lenders when goods are purchased under contract.
true
Third party sexual harassment occurs when someone outside the workforce harasses an employee, or is harassed by an employee.
true
To limit liability for a guest's possessions, the hotel should provide a safe where guests can keep their valuables during their stay.
true
When a U.S. citizen travels overseas and is injured due to negligence while staying at a U.S. based hotel, a lawsuit will more likely commence in the U.S. rather than abroad.
true
The UCC stands for: Unilateral Commercial Code Uniform Customer Code Uniform Commercial Code Unilateral Customer Code
uniform commercial code
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 must be given by the hotel operator to the hotel owner or lender for safe keeping. should be kept in the hotel safe for 3 years should be sold and a party thrown for all employees
within 60 days
