Legals

__________ 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

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

Contributory Negligence

What's the difference between state courts and federal courts?

Federal courts can interpret both federal and state law.

Does a hotel have the right to refuse to rent a room to a guest if that guest attempts to bring property into the hotel that the hotel does not customarily receive?

Yes

Exculpatory clauses:

may be void and 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

According to the Americans with Disabilities Act, it is discriminatory to fail to remove architectural and communication barriers at existing facilities where such removal is "_____________________".

readily achievable

Civil penalties under Title III of the Americans with Disabilities Act may be assessed in the amount of $__________ for a first violation and $____________ for any subsequent violation.

$55,000; $110,000

Under Title II of the Civil Rights Act of 1964, a person who alleges discriminatory acts by a hotel can:

*****

In Mathias v. Accor Economy Lodging, Inc., the plaintiffs claimed they were bitten by bedbugs while staying in the defendant motel. A jury awarded the plaintiffs

$5,000 in actual damages and $200,000 in punitive damages.

Which of the following statements is false?

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

_________ is an act or failure to act (not involving a breach of contract), that results in injury, loss or damage to another.

A tort

Which of the following statements is TRUE?

A void contract is one that cannot possibly have any legal effect.

A "search warrant" is defined as:

A written order by a judge which permits a law enforcement officer to search a specific place and identifies the person(s) or articles to be seized.

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.

__________ can be defined as: the act of initiating and carrying on a lawsuit, often used to refer to the lawsuit itself.

Litigation

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

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?

No

____________ is a doctrine of law that one is presumed to be negligent if he had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

Res Ipsa Loquitur

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.

A hotel may evict a guest for non-payment.

True

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 Edgewater Motels, Inc. v. Gatzke case, it was found that Gatzke, an employee of Walgreen's was at least partially responsible for fire damage caused to the hotel. What was the primary issue to be decided in this case?

Whether an employee's smoking of a cigarette can constitute conduct within the scope of his employment.

Which of the following statements is TRUE?

Whether the hotel's actions are considered reasonable care depends on the facts and circumstances.

According to Chapter 1 of the textbook, 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.

_______________ is the duty to sustain the burden of proof.

affirmative duty

In the Campbell v. Womack case, the man's 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 hotel's breach of contract. The court:

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

Negligence is:

an unintentional tort.

When negotiating convention contracts, one way mentioned in the class notes to solve the problem of uncertainty of the number of guests is to include what?

attrition clauses

Which of the following is a type of protection clause that should be covered in a convention contract?

cancellation clause

Owner of the Double TT motel states to his friend, "I'll give you $200 if you will agree to snowplow the hotel driveway." His friend replies, "I agree." The two parties have:

entered into a bilateral contract

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

A traveler who is staying at a hotel for a limited period of time is commonly described as a(n) _______________.

guest

In the Hotel Del Coronado v. Qwip Systems case, Quip 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 because the 21 day notification provision was not a date by which to cancel but instead was evidence that both sides were aware that the actual number of rooms required would not be fixed until that date.

The Civil Rights Act of 1964 applies to any establishment affecting what?

interstate commerce

A hotelkeeper 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 proceeding in the proper local court.

tenant

Which of the following is NOT a necessary element for a cause in a tort action:

the action causing the harm must be intentional

Which of the following is NOT a material point that should be recited in a guest reservation?

the address of the hotel

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.

In the Stahlin 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.

" " can be defined as: continuous, unobstructed way of pedestrian passage by which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach, an entrance to the facility, and other parts of the facility.

the path of travel

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 arrive at an unusual hour

Professor Filley offers to give you $50 for no reason in particular. He even puts the offer in writing. You of course say, "sure, I'll take it!"

this is not a contract because there is not consideration from you to Professor Filley.

Title III of the Americans with Disabilities Act covers inns, hotels, and other places of lodging, except:

those in which the proprietor reside and rents out five or fewer rooms

The issue in the case of Kelly v. United States, (the prostitute case) was?

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

Statutes are defined as

written or codified laws enacted by the legislative branch of government