HTM 411 Final Exam

For which of the following incidents would the restaurant most likely NOT be liable for the actions of one of their employees? A. The server, who had no responsibility for controlling customer behavior, repeatedly hits a customer with a beer bottle after he made an offensive comment B. The bouncer employed by the restaurant to control customer behavior is struck by a drunken customer he is escorting out of the restaurant. After being stuck by the customer, the bouncer beats the hell out of him C. The manager asks a customer to leave, and the customer refuses. The manager knocks him out and drags him outside before turning him over to the police for tresspassing

A. The server, who had no responsibility for controlling customer behavior, repeatedly hits a customer with a beer bottle after he made an offensive comment

Which of the following is NOT an acceptable reason for an innkeeper to enter a guest's room without the guest's permission? A. To look for stolen property B. To perform routine maintenance C. To move the guest to another room D. None of the above, they are all acceptable reasons for entering a room

A. To look for stolen property

What is the difference between the torts of assault and battery?

Assault is threatening a person with physical harm. Battery is actually causing a person physical harm

Which of the following would most likely qualify as a bona fide occupational qualification defense? A. A person who was denied a sales position because he was not fluent in English and the majority of the customers only spoke English B. A young male was denied a position modeling women's swimwear because the company only hired young women to wear them

B. A young male was denied a position modeling women's swimwear because the company only hired young women to wear them

When a judge follows a process called stare decisis, then the judge has based his or her decision on which of the following? A. Statutory law B. Precedence C. Administrative law D. Ordinance

B. Precedence

A plaintiff is awarded money in addition to damages for medical bills associated with an injury caused by the defendant. If the goal of awarding the additional money is to punish the defendant then that additional money is referred to as which of the following? A. Compensatory damages B. Punitive damages C. Compensatory and punitive damages D. Compensatory, punitive, and exemplary damages

B. Punitive damages

Which source of law is based on bills/legislation passed by the legislative branch of government? A. Constitutional law B. Statutory law C. Common law D. Administrative law

B. Statutory law

A guest left a large sum of money in the desk drawer when he left his room for the day. The hotel provided a safe for the guest to use and posted all required notices. Which of the following statements concerning liability would be true in most States? A. The hotel would lose its limited liability because there is no way the money could have been stolen if the hotel was not negligent B. The hotel would not be liable because the money was not in the safe C. The hotel would be liable, but only for the limited amount in accordance with the State's limited liability statute

B. The hotel would not be liable because the money was not in the safe

What does the judge do when charging the jury? A. Tells the jury what the defendant has been charged with B. The judge informs the jury of laws that are applicable to the case C. Threatens a member of the jury with a fine or jail time if it appears that he or she is not paying attention to the trial D. Threatens a member of the jury with a fine or jail time if his or her conduct during the deliberations is likely to lead to a hung jury

B. The judge informs the jury of laws that are applicable to the case

Which of the following items found during a search of a guest's room without the guests permission or a warrant WOULD be allowed to be used against its owner in court? A. The police enter the room in response to a disturbance. After detaining the guest, they search the room and find illegal drugs in the closet that belong to the guest B. The police enter the room in response to a disturbance. After detaining the guest, they search the room and find illegal drugs in the closet that belong to the guest's friend who is also a registered guest, but occupies a room other than the one searched C. The police enter the room to look for drugs which the housekeeper noticed when cleaning the room. After detaining the guest they search the room and find illegal drugs on the dresser in plain view that belong to the guest D. None of the above

B. The police enter the room in response to a disturbance. After detaining the guest, they search the room and find illegal drugs int he closet that belong to the guest's friend who is also a registered guest, but occupies a room other than the one searched.

Which of the following would most likely be a violation of antitrust laws? A. The franchise owner of 18 Wendy's restaurants gets mad at the owner of the local produce supplier and decides to boycott him. B. The price of bulk milk has been steadily falling. In an attempt to stabilize the price, all the local dairies have gotten together and agreed not to sell bulk milk below $1.00 per gallon C. Your restaurant buys beef from several suppliers. YOu and your primary supplier sign a contract guaranteeing a specific price but you must buy all your meat from him.

B. The price of bulk milk has been steadily falling. In an attempt to stabilize the price, all the local dairies have gotten together and agreed not to sell bulk milk below $1.00 per gallon

When a man went to sit down in his chair in a restaurant, it collapsed and he hit his head on the table causing damage to his teeth which required expensive dental work to correct. He is unsure why the chair collapsed so he seeks to use res ipsa loquitur during the trial. Which of the following reasons would a judge most likely cite in not allowing him to use res ipsa loquitur? A. Sitting in the chair likely provoked the accident B. The restaurant did not have exclusive control of the chair C. The man is not able to show why the chair broke

B. The restaurant did not have exclusive control of the chair

Which of the following would most likely result in your restaurant being found liable if one of your customers is badly burned after spilling hot coffee in her lap? A. The coffee was served double-cupped, that is one cup inside of another B. The temperature of the coffee was significantly higher than that of the industry standard C. The coffee was served in a cup with a lid that had a lift-food tab so that customers could add cream and/or sugar to the coffee D. The cup that did not contain a lid when it was served, customers are expected to add a lid at the condiment bar if they desire.

B. The temperature of the coffee was significantly higher than that of the industry standard

If you are the plaintiff, for which of the following would you prefer a jury trial? A. There is a large amount of technical evidence to support your claim B. You are planning to make an emotional appeal as part of your case C. You are part of a group that is not perceived favorably by the general public D. All of the above

B. You are planning to make an emotional appeal as part of your case

Which of the following is most likely to be viewed by the court as evidence establishing strongest likelihood of confusion in a restaurant trademark infringement dispute? A. The plaintiff had been using the name for two years but had not marketed it in the area where the defendant had recently built his restaurant. B. The plaintiff's restaurant is basically a bar that serves food (nobody under the age of 21 years is admitted) while the defendant's restaurant is family style that does not serve booze. C. Both properties provide low cost Italian meals and are located in the same city. D. While the name of the two establishments is the same, the plaintiff uses bold arial font, navy blue all capital letters, on a yellow background. The defendant uses something different, but still same name.

C / D

Which of the following would NOT be covered by bailment when a car is valet parked at a hotel? A. A laptop sitting in plain view on the front passenger seat when the valet enters the vehicle B. A laptop in the trunk, the guest told the valet that the laptop was in the trunk when he gave him the key C. A laptop covered by a coat on the floor in the back seat area D. None of the above

C. A laptop covered by a coat on the floor in the back seat area

Under common law, an innkeeper may refuse to rent a room to all of the following EXCEPT? A. A person of bad reputation B. A person with a firearm C. A person suffering from a non-contagious disease D. Person who is unwilling or unable to pay

C. A person suffering from a non-contagious disease

Which of the following businesses is NOT one of the four places protected by the Civil Rights Act of 1964 A. A restaurant with outdoor seating only B. A lunch counter inside a retail store C. A take-out/home delivery pizza restaurant with no on premises area for consumption D. A drive-in restaurant where customers order, are served, and eat while sitting in their cars

C. A take-out/home delivery pizza restaurant with no on premises area for consumption

Which of the following would not be covered by the Civil Rights Act of 1964? A. Race B. National Origin C. Americans with disabilities D. Religion E. All of the above are covered

C. Americans with disabilities

Which of the following legal terms means that the employer can be held liable for the actions of his or her employees? A. Res ipsa loquitur B. Voir dire C. Respondeat superior D. Negligence per se

C. Respondeat Superior

In order for a court to hear a case it must have which of the following? A. A subject matter jurisdiction B. In personam jurisdiction C. Subject matter and in personam jurisdiction D. Either subject matter or in personam jurisdiction, but both are not required

C. Subject matter and in personam jurisdiction

Which of the following fees would be a legitimate charge? A. The hotel charges all customers a separate fee for the use of a safe in the room whether they use it or NAH B. The hotel has safes in each room and charges a guest $10.00 per day if they use the safe. There are no signs concerning this charge in the rooms (they are on order) and guests are not informed of the charge when they check in C. The hotel includes the cost of the safe as a standard amenity included in its standard room rate D. All the above

C. The hotel includes the cost of the safe as a standard amenity included in its standard room rate

Which of the following examples would establish bailment for a coat in a restaurant? A. The patron gives the coat to the coat check person but does not receive a receipt B. The patron personally hangs the coat on a hook in an unmanned coatroom C. The patron gives the coat to the coat check person and receives a receipt

C. The patron gives the coat to the coat check person and receives a receipt

An individual rents a car from a car rental agency. The rental paperwork is signed and he is given the keys to a car parked in the lot. The individual then drives the car off the lot. Was bailment established? If so, which type of bailment? A. Yes, bailment for the sole benefit of the bailee B. Yes, bailment for the sole benefit of the bailor C. Yes, mutual-benefit bailment D. No

C. Yes, mutual-benefit bailment

The manager finds a small travel case by the front desk. He suspects that someone checking in may have left it there while checking in. He opens it looking for identification so he can return it to the guest. Instead, he finds what appears to be an illegal drug. What should he do with the case?

Call the police and turn it over to them

Which source of laws is based to a large part on precedents?

Common law

How is common law used in relation to statutory law?

Common law is based on precedent, or case law. Statutory law is written law as decided by the legislature or other government agency.

Which of the following businesses is NOT one of the four places protected by the Civil Rights Act of 1964? A. A YMCA that rents rooms by the day, week, or month B. A resort cottage on the beach that requires a two week minimum stay C. A hotel that rents to guests by the day, week, month, or year D. An apartment building that requires occupants to sign a one year lease

D. An apartment building that requires occupants to sign a one year lease

Which of the following is not one of the things that theme parks should do to ensure guest safety on / around amusement rides? A. Provide safety warnings concerning rides B. Have and enforce minimum height rules for rides C. Put up barriers such as fences to protect those who pass by from injury D. None of the above, they are all things that should be done

D. None of the above, they are all things that should be done

Which of the following is NOT one of the ways managers can limit dram shop liability in regards to how they treat their employees? A. Publish internal written policies on alcohol sales in an employee newsletter B. Educate employees about liquor laws and strategies for refusing to serve visibly intoxicated patrons C. Support all employees who discontinue service to a patron who the employee believes is visibly intoxicated D. None of the above, they are all ways for managers to limit dram shop liability in regards to how they treat their employees

D. None of the above, they are all ways for managers to limit dram shop liability in regards to how they treat their employees

Which of the following verbal contracts would be considered an exemption to the statute of frauds? A. A person agrees to work as a chef in a local restaurant for 6 months, starting next month B. A person reserves an expensive hotel room for a week starting a month from today, the room is $1,000 a night C. Person agrees to purchase land for $1,000,000 D. Person orders a $1,500 laptop computer and pays cash at the time it is ordered

D. Person orders a $1,500 laptop computer and pays cash at the time it is ordered

When a judge is the first to interpret a statutory law in a particular case and make a ruling based on that interpretation, then that judge has done which of the following? A. Followed a process called stare decisis B. Changed the statutory law C. Violated the law D. Set precedence

D. Set Precedence

Which of the following individuals has contractual authority? A. A minor B. A person who is mentally incompetent C. A person who is very intoxicated D. Someone who doesn't know what all the words in the contract mean

D. Someone who doesn't know what all the words in the contract mean

Which of the following items is NOT required to be put in a safe? A. Poker Chips B. Diamond Bracelet C. Money D. Standard wrist watch

D. Standard wrist watch

One of your employees is 8 months pregnant. Her job requires her to work around harsh chemicals. You are concerned for her and her baby's safety. you discussed your concerns with her and she said she is fine in her current job. What would be the most appropriate action for you to take?

D. Talk to her about the risks to her and her baby, provide her with options, but leave the decision up to her as long as she is still able to perform the tasks required by the position

List three different things an employer can do to minimize the company's liability in the case of sexual harassment?

Have a safe way for employees to report sexual harassment Have set policies and procedures in place to effectively handle cases of sexual harassment Act promptly to make sure the case of sexual harassment is dealt with in a timely manner

What is the one time a travel agency may be held liable for a security incident associated with a hotel or other service provider recommended and booked by the agent?

If the travel agent knew the danger existed prior to recommending the hotel or other service provider and failed to warn the client

A travel agent is booking a trip to scenic Warren County, Indiana for several clients. He contacts the local bus company and contracts for a bus and driver for the trip. Based on the information above, what would the bus company be considered by the travel agent?

Independent Contractor

List two of the differences between an insurance agent and an insurance broker?

Insurance agents are insurance professionals that serve as an intermediary between the insurance company and the insured. As a broad statement of law, an agent's liability to their customers is administrative. That is, agents are only responsible for the timely and accurate processing of forms, premiums, and paperwork. Agents have no duty to conduct a thorough examination of your business or to make sure you have appropriate coverage. Brokers are required to have a broker's license which typically means the broker will have more education or experience than an agent. Brokers also have a higher duty, in most states, to their clients. Brokers have the duty to analyze a business and secure correct and adequate coverage for the business.

What is the legal status of a delivery person delivering supplies to a hotel?

Invitee

What is the legal status of a person who enters a hotel to visit a guest?

Invitee

What is the legal status of a person who enters a hotel to work?

Invitee

If you agree to a higher deductible, what generally happens to the amount you pay in premiums?

It generally goes down

Your hotel is being sued for negligence that led to the death of a child, list two reasons why your hotel would select alternative dispute resolution over a trial?

It would avoid bad publicity It could save a large sum of money

A man found a small fish bone in his bowl of fish chowder. Under which of the following tests would the presence of fish bone be considered a breach of warranty?

Neither the foreign/natural test nor the reasonable expectation tests

Before the written contract was signed for the purchase of a piece of land, the buyer asked the seller to remove the trash from the land as part of the price of the land. The seller agreed but later changed his mind and refused to remove the trash. Based on the parol evidence rule, does the seller have to remove the trash? Why or why not?

No

An adult verbally agrees to buy alcohol for a minor. The minor gives him the money, the adult buys the alcohol, but refuses to give it to the minor. He also refuses to refund the money. Is the adult in breach of contract?

No, because the contract was not legal and therefore, is void.

You are purchasing meat for your restaurant. The vendor does not know the exact price of the meat you will be receiving, but gives you a range between $2-$10. You accept the terms and order 100lbs of meat. You give the vendor your payment information and he gives you an order number. When the meat arrives you do not feel that it is worth the price per pound on the invoice and reject the shipment. Are you in breach of contract?

No, because the cost of the meat was a range and not a set price, therefore mutuality was not established

What is a variance to a zoning law?

Permission from the local government to deviate from zoning restrictions

A traveler, after passing through the first part of the required security screening to board an airplane, is selected for additional screening. The traveler does not want to be subjected to additional screening. What are her options?

She has no options; once the screening process has begun she must submit to the entire process

End Chapter 2

Start Chapter 3

A travel agent who is an authorized agent for Fly-By-Night Airlines makes flight reservations for a client. Due to an error by the agent in entering the information, the reservation was never made. When the client arrives at the airport, he does not have a seat on the plane. The travel agent informed the client that he was acting as an agent for Fly-By-Night Airlines. Who is liable to the client for the damages?

The Fly-By-Night Airlines

A man drinks to the point of legal intoxication in a bar. While walking home he stumbles and falls into traffic and is killed. His widow sues the bar. In most states, what would the bar's liability to the widow be?

The bar would have no liability

List the four factors that must be established for the assumption of risk doctrine to apply

The defendant must show that the plaintiff.. Had knowledge of the risk Understood the risk Had a choice of either avoiding the risk or engaging in conduct that confronted the risk Voluntarily chose to take the risk

A guest checks in wearing expensive jewelry. The hotel has a safe available for the guest's use and has posted all required notices. The guest told the desk clerk that she was going to relax by the pool for about an hour before returning to her room to prepare to go to a party wearing the jewelry. She did not want to bother with the safe and asked if her jewelry would be safe in her room while she was at the pool. The desk clerk told the guest the jewelry would be safe if she was not out of her room too long. The guest left the jewelry in the room on the dresser, then went to the pool for an hour. When she returned the jewelry was gone. What is the hotel's level of liability in most States?

The hotel has full liability based on what the desk clerk told the guest.

A man drinks to the point of legal intoxication in a bar. While driving home he crosses the centerline and hits another car severely injuring the driver of the other car. The driver of the other car sues the bar. In a state that follows the rules of comparative negligence, what would be the bar's liability to the driver of the other car?

The liability would be split between the intoxicated driver and the bar in relation to how much each was responsible for the actions that led to the other driver's injuries

A guest in your hotel is being assaulted by another guest in the lobby of the hotel. What is your legal responsibility to the guest being assaulted?

You are required to call 911 in a timely manner

When would a rental car company be liable for an accident involving the car being driven by an unauthorized driver?

The rental company would never be liable for an accident if the driver was not authorized by the company to drive the car

Your hotel is near an ocean and your guests routinely use a nearby public beach. While you provide directions to the beach, you do not provide any beach gear for your guests to use nor do you provide any information on dangers your guests may encounter at the beach. One of your guests gets caught in a riptide and drowns. The guest's surviving spouse sues your hotel. Your state follows the majority position on your responsibilities in relation to warning guests of hidden dangers at public beaches frequented by your guests. What is the most likely outcome of the trial?

Your hotel will not be held liable. While it is a good idea to warn guests of unseen hazards at the beach, you have no duty to do so.

Which of the following would most likely be considered a legal trademark? A. Beef and Suds Restaurant and Bar B. Aspirin C. Fried Chicken Restaurant D. Frisbee

A. Beef and Suds Restaurant and Bar

In which of the following cases has the police illegally entered the guest room without the guest's permission, and therefore, any evidence seized is not admissible in court (even if the evidence was in plain sight) A. Entered the room with the manager's permission before the guest's right to occupy the room had expired B. Entered the room with the manager's permission after the guest's right to occupy the room had expired C. Entered the guest room with a warrant D. None of the above, they are all legal reasons to enter the room

A. Entered the room with the manager's permission before the guest's right to occupy the room had expired

What is the purpose of a forum selection clause in a contract? A. It requires any lawsuit arising from the contract to be filed in a specific location specified in the contract B. It requires any lawsuit arising from the contract to be filed in a location agreed upon by both sides at the time the problem arises C. It requires all services specified in a contract to be performed at a specific location specified in the contract D. It requires all services specified in a contract to be completed by a specific date specified in the contract

A. It requires any lawsuit arising from the contract to be filed in a specific location specified in the contract

Which of the following is not a tort? A. Negligence B. Assault C. Breach of contract D. All of the above are torts

A. Negligence

What happens if a defendant fails to respond to a complaint in a civil case? A. The court will grant a default judgement in favor of the plaintiff B. The plaintiff must reissue the summons C. The court will order the defendants arrest D. The court will grant an automatic 30 day extension for the defendant to respond

A. The court will grant a default judgement in favor of the plaintiff

Which of the following is the least acceptable reason for evicting a guest? A. The guest had too much to drink in the hotel bar and was on his way back to his room to sleep it off B. You have received information from the local police that said guest is a known prostitute and is using her room to apply her illegal trade C. The guest has been repeatedly warned that the loud music coming from his room at 3 am is disturbing other guests

A. The guest had too much to drink in the hotel bar and was on his way back to his room to sleep it off

Would an employee prefer to have a personal injury case heard under the Jones Act or Workmen's Compensation laws, and why?

Under the Jones Act. He or she can sue for the full value of the injury including pain and suffering

A professor had been asked to speak at a conference being held at a hotel on August 16th. It was her intent to spend the night of August 15h in the hotel, but due to a mixup an advanced reservation was not made. She shipped her luggage to the hotel, and it arrived on August 14th. She arrived at the hotel on August 15th. When did her status as a guest begin?

When her luggage arrived at the hotel and was accepted by a hotel representative on August 14th.

When would a business not be required to make modifications to their facility to bring it into compliance with the Americans with Disabilities Act?

When they are only performing minor repairs

In addition to where its customers come from, what other information might a court use to determine if a restaurant impacts interstate commerce?

Whether or not a large portion of their goods or produce are shipped from out of state

In addition to proximate cause, what elements must be present for a plaintiff to win a negligence case?

1. Duty - The defendant owed a legal duty to the plaintiff under the circumstances; 2. Breach The defendant breached that legal duty by acting or failing to act in a certain way; 3. Causation - It was the defendant's actions (or inaction) that actually caused the plaintiff's injury; and 4. Damages - The plaintiff was harmed or injured as a result of the defendant's actions.

What are three of the essentials for a bailment to take place?

1. Personal property only. Bailments involve only moveable, tangible objects such as cars, clothing, sporting equipment, and the like. 2. Delivery of possession - Possession of the personal property must be transferred to the bailee. 3. Acceptance of possession by the bailee -The bailee must knowingly accept possession of the bailed property 4. Bailment agreement - Part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor

List two reasons why a trial judge might deviate from stare decisis

1. The times have changed and the original ruling goes against the current norm. 2. The original ruling was wrong

Which of the following would most likely be considered a "vessel in navigation"? A. A casino boat that is capable of self-propulsion and makes trips out onto the river daily so patrons can gamble B. A casino boat moored to a dock, attached to land-based utilities. The boat is capable of self-propulsion but only moves when necessary to escape a storm C. A casino barge that is moored to a dock, attached to land based utilities, and is not capable of self-propulsion, but has a tugboat on standby that moves it when necessary D. All of the above

A. A casino boat that is capable of self-propulsion and makes trips out onto the river daily so patrons can gamble

Define risk management

(in business) the forecasting and evaluation of financial risks together with the identification of procedures to avoid or minimize their impact

A man checks into a hotel. He is alone at the time and checks in as a single unaccompanied guest. Later that day while the man is out, a woman claiming to be his wife approaches the front desk and asks for the key to the man's room. She claims that it is his birthday and she wants to surprise hi when he returns to the room. Can she be given a key to the room?

No, since he has not authorized her to have a key, giving her a key would violate his right to privacy even if she is his wife.

Does being intoxicated due to complimentary drinks provided by a casino invalidate gambling debts?

No, the person is not an innocent third party that dram shop laws were designed to protect and many casino games require luck, not judgement, meaning an intoxicated gambler could also win

What does the warranty of merchantibility guarantee as applied to food?

The food is fit for human consumption

What is an example of quid pro quo harassment?

The front desk supervisor invites one of her male employees to her home after work claiming she can help him get a promotion and a raise. Once he arrives at her house, she claims that if he submits to her sexual advances she will see that he gets a raise.

What is required to establish mutual-bailment between a hotel and a guest for the guest's car?

The guest must give the keys to a representative of the hotel and the car must be parked by a representative of the hotel

Under what circumstances can a pilot remove a person from a plane and refuse to provide him or her with transportation?

The pilot can remove any passenger that he or she feels is a threat to the safety of the flight

List the elements of an attractive nuisance

The place where the condition exists is one on which the possessor knows or has reason to know that children are likely to trespass, and The condition is one of which the possessor knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, The children, because of their youth, do not discover the condition or realize the risk involved in inter-meddling with it or in coming within the area made dangerous by it The utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and The possessor fails to exercise reasonable care to eliminate the danger or otherwise to protect the children

Why are many states banning AWOL devices?

They are able to cause dangerously fast intoxication

What is the reason why governments require businesses to be licensed?

To protect the public welfare

If a hotel overbooks and does not have a room for a person with a confirmed reservation, then the hotel is in breach of contract. When this happens, to what compensation is the guest normally entitled?

Travel expenses associated with seeking and finding alternative lodging

A person enters a hotel to eat in the dining room. After eating, he decides to take a swim in the pool which is clearly labeled for "For Hotel Guests Only". What was the legal status of the person at the time he is in the pool?

Tresspasser

Is a theme park allowed to charge different fees to visitors?

Yes, provided the differing fees charged were not based on one of the protected classes