Hospitality Law Final
An implied contract is one in which the promises and terms are stated by the parties. Express contracts arise from mutual agreement and intent to promise but where the agreement and promise is not expressed in words.
FALSE Express contract is expression in word and an implied contract does't have to be written an example of implied is when it's fit to consume
A bar accused of providing inadequate security can avoid liability by showing that additional security measures would be costly and would create an economic burden.
False
A hotel in Tennessee is hiring a concierge. An applicant from Spain understands very little English. True or false: If the hotel refuses to hire the applicant due to the inability to speak English, the hotel will be illegally discriminating.
False
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 owner of the construction company only orally agreed to add the four plugs. The hotel manager thereafter signed the contract, which did not make reference to the additional plugs. The hotel manager can enforce the company's promise to install the four extra plugs.
False
Which of the following elements must be present for a guest to bring an action against a hotel based on negligence?
The defendant must owe duty of care to the guest and there must be a breach of said duty; a breach of duty must be proximate cause of the injury to the guest; the guest must suffer injury and damages. (ALL OF THE ABOVE)
Beyoncé had reservations at a hotel, but because it overbooked, she was forced to stay elsewhere. The only hotel in town with vacancies was more expensive. Rather than return home, Beyoncé took a room in that hotel. For which of the following is the first hotel liable to reimburse Beyoncé?
The difference
An employee who works at the front desk of a hotel has requested a weekend day off to celebrate an annual religious holiday. The hotel is particularly busy on the weekend, and the employer is hesitant to release the employee from job obligations. Which of the following is false?
The employer can refuse to grant the day off without attempting to accommodate the employee's request.
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 hotel is not liable in this case because its reason for refusal—it had no available rooms—is legally valid.
A hotel has a policy that requires a person who is registering to display his or her driver's license. People with certain disabilities are unable to drive and thus do not have a driver's license. What, if anything, is the hotel required to do is such a person seeks to register?
The hotel must modify the policy to accept some form of identification fro the disabled person
Restrictions on employment of young persons include all of the following except:
The method of transportation used by the person to travel to an from work
Which of the following are the two basic kinds of implied warranties under the Uniform Commercial Code?
that the goods are "merchantable" and that they are "fit for a particular purpose"
If a hotel wins a suit against a person for failure to use a reservation for a room that subsequently went unsold, the damages due the hotel would be:
the difference between the contract price and the hotels cost of supplying the room
Laws that require restaurants to remove untruthful statements from their menus and advertisements are called what?
truth in menu
The natural test is used to determine:
whether an object in food is foreign to the food, or whether it might naturally be in the food.
Which of the following is a risk that is assumed?
The risk that a person playing tennis will be hit by a ball in play
Generally speaking under the common law there is no duty to rescue
True
In a trademark infringement case, the court will consider, among other factors, the extent to which customers of the trademark owner and alleged infringer overlap.
True
Warranties at law are promises.
True
Which of the following is not a factor on which the cost of liquor liability insurance is based?
Types of alcohol sold
To whom does the hotel owe the least duty?
a trespasser
State Dram Shop Acts generally create a(n) __________ cause of action for persons injured by someone unlawfully selling alcoholic beverages.
b. statutory
What are the six essential elements that must exist for a contract to be valid?
(1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument.
An employer can pay a training wage below minimum wage to young workers entering the workforce for the first time, and training wages must be at least ____________________ percent of the minimum wage.
85%
What are the elements negligence?
1) Duty, 2) Breach, 3) Cause, and 4) Harm
Section 4205 of the Patient Protection and Affordable Care Act of 2010 requires restaurants and similar retail food establishments with __________ or more locations to list calorie content information for standard menu items on restaurant menus and menu boards, including drive-through menu boards. Other nutrient information—total calories, fat, saturated fat, sodium, total carbohydrates, sugars, fiber, and total protein—would have to be made available in writing upon request.
20
Which of the following is an example of sexual harassment in the form of a hostile work environment?
A female employee is exposed to persistent lewd remarks and pinups at her work site
Which of the following has contractual capacity?
A person ill with flu
These damages are rewarded as a result of out of pocket losses
Actual Damages
Which of the following elements must be present for a guest to bring negligence suit against a hotel?
All of the above
Which of the following is an area typically addressed in truth-in-menu laws?
All of these: -Designating an item as "fresh". -Indicating the place of origin of an item. -Designating an item as a "whole" food.
Which of the following is not true concerning young people?
Because parents are required to care for their children, the duty of care owed to children is the same as that of adults
Which of the following would violate typical truth-in-menu laws?
Both of these: -Describing an apple pie as "homemade" on the menu when, in fact, it is frozen "heat and serve" pie. -Claiming on the menu that orange juice made frfom concentrate is "fresh".
To sell alcoholic beverages, a hotelkeeper must apply for licenses from:
Both of these: -The local Alcoholic Beverage Control Board. -The State Liquor Authority.
Which of the following is not a breach of the warranty of merchantability?
C. A piece of clam shell in a cup of clam chowder.
According to the doctrine of res ipsa loquitur:
Common experience sometimes permits a reasonable inference of negligence from the occurrence itself.
Which of the following are the two theories under which a hotel might be held liable for serving unwholesome or improperly prepared food?
Common law negligence & breach of implied warranty
Which of the following is not an illegal act to which casinos and/or their patrons are vulnerable?
Comping
Which of the following is not outlawed by the Civil Rights Act of 1964?
Discrimination based on sex
What are three types of Implied Warranties?
Express Warranty, implied warranty of merchant ability, implied warranty of fitness
Just like the innkeeper's duty to receive is excused by a full house, the innkeeper's obligation is excused for not honoring a guaranteed reservation when the hotel is full
FALSE ( the innkeepers duty is not excused neither is it excused for not honoring a guaranteed reservation. He has the duty to sent the guest to another hotel and pay for the hotel room or what was guaranteed on the reservation
True or False? If false, identify why it is false and make the statement true. Just like the innkeeper's duty to receive is excused by a full house, the innkeeper's obligation is excused for not honoring a guaranteed reservation when the hotel is full
FALSE ( the innkeepers duty is not excused neither is it excused for not honoring a guaranteed reservation. He has the duty to sent the guest to another hotel and pay for the hotel room or what was guaranteed on the reservation
The legal doctrine that imposes liability on a defendant even when the defendant is not negligent is:
Strict Liability
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 owner of the construction company only orally agreed to add the four plugs. The hotel manager thereafter signed the contract, which did not make reference to the additional plugs. True or false: The hotel manager can enforce the company's promise to install the four extra plugs.
False
A restaurant is located away from a highway, does not advertise, and virtually all of its customers are people from the neighborhood. True or false: There is no way this restaurant could be covered under the Civil Rights Act of 1964.
False
A supervisor asked one of his employees he managed out on a date. The employee had been admiring the supervisor for weeks and was very pleased with the invitation. She quickly accepted. True or false: The facts constitute sexual harassment.
False
All employees are subject to the minimum wage requirement.
False
Article 2 of UCC applied to credit card use.
False
From the time a visitor of a hotel guest enters the hotel until the visitor leaves, that visitor is always legally considered an invitee
False
Penalties for violation of the Civil Rights Act of 1964 include jail and fines.
False
The Civil Rights Act of 1964 is not violated unless a pattern of ongoing discrimination is proven; a single act of discrimination does not violate the Act.
False
Under common law, when a liquor store licensee wrongfully served a patron, who thereafter injured another person, the injured person was entitled to compensation from the licensee for the resulting damages.
False
When it comes to overbooking and dishonoring reservations due to hotel negligence, the plaintiff is always entitled to recover both actual and punitive damages.
False (not punitive, but must recover actual damages.)
Oversold is not considered a legal impossibility, which excuses a hotel for non-performance of a reservation.
False a hotel is not excused breach of contract legal impossibility
No matter on time of day something that is open and obvious is always open and obvious.
False,
The Affordable Care Act of 2010 requires vending machine operators who own or operate 10 or more vending machines to disclose calorie content for certain items.
False, 20
Oversold is not considered a legal impossibility, which excuses a hotel for non-performance of a reservation.
False, it is not considered a legal imposilibilty however they are still liable
The federal minimum drinking age is 21.
False, there is no minimum drinking age
Punitive Damages are almost always rewarded
False, they are rarely awarded
For a hotel to show reasonable care when being sued they only need to show that they followed appropriate statues and that they followed all industry standards on the given subject
False. (If satisfying the law falls short of reasonable care the hotel must do more than what the statute requires. Failure to do so will result in negligence. The hotel must show that they demonstrated reasonable care by doing what the situation calls for which can be more than following industry standards)
As long as you are conspicuous and mention "fitness" and "merchantability", you may disclaim Express Warranties.
False. (You cannot disclaim express warranties. You cannot say "all our coffee is decafe and then serve regular coffee.)
True or False? If false, identify why it is false and make the statement true. As long as you are conspicuous and mention "fitness" and "merchantability", you may disclaim Express Warranties.
False. (You cannot disclaim express warranties. You cannot say "all our coffee is decafe and then serve regular coffee.)
Vinny 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 Vinny takes the hotel to court?
He will not recover any damages.
Will not overstay is an example of what on a reservation contract?
Implied condition
This class of people are invited onto the premises for the advantage of the innkeeper. They are owed the highest duty of care and must be informed of any latent or known danger. The innkeeper must use reasonable care to discover actual conditions of premises and make them safe or warn these people of any dangerous condition.
Invitees
Which of the following best describes sovereign immunity?
It is the authority given to Native Americans to regulate their own internal affairs on reservations
A dining facility will be covered by the Civil Rights Act of 1964 if it meets one of two criteria. The two criteria are:
It serves interstate travelers, or a substantial portion of the food it serves was purchased from out of state
Insurance to protect against Dram Shop liability is called
Liquor liability negligence
The type of laws that apply to events occurring on boats on waterways is:
Maritime
A restaurant patron was injured when she fell on icy steps. The steps did not have a railing. Had a railing been present, the patron could have stopped her fall. The local laws applicable to buildings mandate that all steps have railings on both sides. Which of the following will apply in this case?
Negligence per se doctrine
If you serve alcoholic beverages to an intoxicated person who injures someone after leaving the bar, you might face a lawsuit under the common law theory of:
Negligence.
A bar, seeking an upscale atmosphere, prohibits the admission of anyone wearing jeans or sneakers. Is this illegal discrimination?
No, because style of dress is not a class under the civil rights laws.
Will a hotel be liable every time someone drowns in its pool?
No, the hotel is not liable unless it was negligent.
To receive the benefits of statutory limits on its liability, a hotel typically must:
Strictly comply with statutory regulations.
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 negligent and liable for the injuries?
No, the hotel is not negligent under the circumstances.
There is no contract unless:
Offer Acceptance Consideration Capacity Legal Purpose
When parties have a contract reduced to writing they cannot alter the meaning of the agreement later by oral testimony. This is known as:
Parole evidence
Which of the following is not an essential element of a contract?
Performance
Which of the following is not a protected class for purposes of illegal job description?
Place of residence w/n the US
Which of the following does the FLSA not require?
Prohibition against discrimination on the basis of age
Which of the following is an employer not required to do as an accommodation to an employee with a disability?
Purchase glasses for an employee
Which of the following is false concerning remedies for violations of the Americans with Disabilities Act?
Remedies for a private lawsuit include an injunction and compensatory damages.
The Burden is on __________ to show that a foodborne illness was carried by the food.
The customer
In determining whether a club qualifies as a private club, which of the following is not a factor?
The type of facilities offered by the club.
Jay Z sues your restaurant. Can you distinguish the most probably (most serious) reason why he would sue you?
There were no disclaimers about preparation and serving temperatures of food
Which of the following is true about bed-and-breakfast properties?
They are exempt from the Act, provided that the owner rents no more than five rooms and lives in the building.
The purpose of the laws on warranties is to:
To determine what the seller has in essence agreed to sell
Which of the following is not an objective of Dram Shop Acts?
To protect owners of bars and restaurants from liability for consequences of patrons' intoxication
An Innkeeper is not obligated to warn which class of persons of dangers that might exist, unless they are anticipated and then only a warning is necessary.
Trespassers
Innkeepers must warn of dangers, but does not need to inspect property. (Not liable for the should of known) for which class of people?
Trespassers
What is the difference between a void contract and voidable contract?
When a contract has been nullified or no longer exists, it is a void contract. When a valid contract may be cancelled by one of the parties (but that party does not have to cancel the contract), the contract is voidable
Which of the following is a private injury that is redressed sat the suit of the injured party?
a tort
A prospective guest contacts a hotel by mail and asks to make a reservation for arrival on a specific day for a stay of three (3) days. The hotel sends a written confirmation back to the prospective guest stating that the guest's room will be held for his arrival on the day he requested. Which of the following statements is true?
c. This agreement is binding on both the prospective guest and the hotel.
According to the doctrine of res ipsa loquitur:
common experience sometimes permits a reasonable inference of negligence from the occurrence itself