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test two hospitality law Flashcards

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1
Q

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

A

C. A legal obligation that requires a standard of conduct

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2
Q
  1. Hoteliers are responsible and liable for all accidents that happen on their property, whether foreseeable or not.
A

False

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3
Q

A “tort” is:

A

B. A wrong committed against an individual or entity

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4
Q

A “negligent” person is one who has not used reasonable care in a situation.

A

True

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5
Q

Compensatory damages are awarded to punish the offender in an attempt to deter similar behavior in the future.

A

False

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6
Q

Treating an injured guest with sensitivity and concern can reduce the likelihood of a lawsuit.

A

True

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7
Q

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.

A

False

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8
Q

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

A tort

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9
Q

The best example of “strict liability” in a restaurant would be?

A

C. The sale of defective food or beverages

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10
Q
  1. It is better to go to court than to attempt alternative dispute resolution when dealing with an incident.
A

False

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11
Q

Which of the following is a “Theory of Liability?”

A

B. Torts

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12
Q

A demand letter is official notification that lets the plaintiff know the date they are due to appear in court.

A

False

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13
Q
  1. A hotel has a legal responsibility to protect guests and invitees from all acts of third parties.
A

False

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14
Q
  1. The law allows a hotel manager to remove guests and their belongings whenever the guests unlawfully possess a hotel room.
A

True

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15
Q
  1. It is recommended that children use hotel spas only under the supervision of an adult.
A

True

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16
Q
  1. Police officers are usually reluctant to enforce a hotel’s claim for payment from a guest.
A

True

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17
Q
  1. It is legal to deny service of alcohol to an apparently intoxicated person, even if he or she is a guest in your establishment.
A

True

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18
Q
  1. To illegally segregate means?
A

A. To separate a group or individual on any basis

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19
Q
  1. Which of the following will not be considered a covered establishment under the ADA title III?
A

C. Places of public accommodation

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20
Q
  1. An eviction can only be carried out if the guest is on property at the time.
A

False

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21
Q
  1. An invitee is an individual who is on a property at the _______ consent of the owner.
A

D. A and B

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22
Q
  1. 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.
A

False

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23
Q

The AED device can be utilized by trained, non-medical, personnel in order to increase the survival rate from a cardiac episode

A

True

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24
Q

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

A

A. Accessible approach and entrance

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25
Q
  1. In order to limit liability for a guest’s possessions, the hotel should provide a safe where guests can keep their valuables during their stay.
A

True

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26
Q
  1. In every state, an innkeeper is required to accept for safe keeping an unlimited amount of personal property from the guest
A

False

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27
Q
  1. Under a bailment arrangement, the innkeeper is not responsible for the condition of returned items being the same as when they were left; for example, coat checks, valet parking.
A

False

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28
Q
  1. An innkeeper’s lien is a concept that helps protect innkeepers from nonpaying guests.
A

True

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29
Q
  1. The three classifications of property where the ownership is in doubt are mislaid property, lost property and abandoned property
A

True

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30
Q
  1. If the rightful owner does not return in a reasonable amount of time, ownership of the property transfers to:
A

A. The property finder

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31
Q
  1. A restaurant is ordinarily responsible for both the items and their unseen contents once a bailment has been established.
A

False

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32
Q
  1. When items of value are found, the first goal should be to?
A

D. Return the property to its rightful owner

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33
Q
  1. An innkeeper will likely be liable for damage to, or loss of, a guest’s property unless the damage was caused by:
A

D. All of the above.

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34
Q
  1. Restaurants are not generally covered under the state laws that limit the liability of innkeepers, which can increase their risk.
A

True

35
Q

. All three of the following are a type of bailment: bailments for the benefit of the bailor, bailments for the benefit of the bailee, and bailments for the benefit of both parties.

A

True

36
Q

Which of the following is a true statement?

A

A. 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.

37
Q
  1. Under the premise of “reasonable expectation” it would be reasonable to assume that a fish bone could be found in chicken soup.
A

False

38
Q
  1. Restaurants will be held responsible for the illnesses suffered by their guests if those illnesses are the direct result of consuming unwholesome food.
A

True

39
Q
  1. Chipped plates and glasses, or poorly washed utensils can present as much of a legal risk as serving spoiled food.
A

True

40
Q
  1. It is legal and ethical to use the name/origin of a product, such as “Washington” apples, if your apples are very similar to those that are actually from Washington.
A

False

41
Q

Truth in Menu” can be summed up by ensuring that:

A

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

42
Q
  1. A 5-ounce glass of table wine is safer and more moderate than one-and-a-half ounces of alcohol in a mixed drink, and less care is needed when serving it.
A

False

43
Q
  1. The best thing to sober up an intoxicated person is:
A

A. Time

44
Q
  1. Common areas of operation that are regulated by individual state Alcohol Beverage Commissions (ABC) are:
A

D. All of the above.

45
Q
  1. Dram shop is described as
A

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

46
Q
  1. 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.
A

False

47
Q

The UCC stands for:

A

A. Uniform Commercial Code

48
Q
  1. 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.
A

True

49
Q
  1. When one business is dependent upon the performance of another business, liability for poor performance becomes easier and clearer to determine.
A

False

50
Q
  1. A travel agent charging a client a fee for booking a hotel or airline reservation, is a clear example of fiduciary responsibility of the travel agent to that client.
A

True

51
Q
  1. Common carriers’ use of reasonable care to protect their passengers can be compared to that degree of care used by innkeepers to protect their guests.
A

True

52
Q
  1. An accurate definition for jurisdiction is the authority given by law or treaty to a court to try cases and make decisions about legal matters within a particular time frame and a particular geographic area.
A

False

53
Q
  1. Which one of following actions could be a sign of a tour operator enforcing an adhesion contract:
A

D. All of the above.

54
Q
  1. Which of the following statements is incorrect?:
A

D. A class action lawsuit is the case when a similar incidents affects many individuals in the same manner in the same place.

55
Q
  1. Which one of the following is the most frequently booked/purchased over the internet?:
A

C. Airline tickets

56
Q
  1. Which one of the following is not false about tariffs?:
A

B. A tariff is the agreement between the airline and the travel agent.

57
Q
  1. To enforce the terms of its tariff, an airline must
A

D. All of the above

58
Q
  1. Which of the following statements is incorrect?:
A

C. The main source of income for travel agents and tour operators comes from the commission earned from the sale of a package.

59
Q

International Travel Law” is defined as: the ordinances, rules, treaties, and agreements used to regulate the international travel industry.

A

True

60
Q
  1. Which of the following is NOT a part of crisis management?
A

C. Discussing with your guests how the last crisis happened at the property

61
Q
  1. What is the first priority to protect during an emergency at the property?
A

A. People

62
Q
  1. Which of the following will impair the safety and the security of the hotel?
A

. Printing a welcome sign with the hotel’s name on every key

63
Q
  1. Which of the following employees should make up the “Safety Committee”?
A

D. A mixture of employees at all levels, to make the committee more effective throughout the hotel

64
Q
  1. The most common crimes against hospitality businesses are
A

D. A, B and C are the three most common activities

65
Q
  1. As long as a crisis management plan is thorough, it need not be committed to writing.
A

False

66
Q
  1. It is a good idea to practice the procedures identified in a crisis management plan with the employees who may be affected.
A

True

67
Q
  1. The main role of a security guard is to intervene when suspicious actions occur, even if doing so may not be safe.
A

False

68
Q
  1. Simple monitoring of activities can sometimes be the best response to a potential threat.
A

True

69
Q
  1. A well-qualified team of security guards should support but not substitute for a safety and security program.
A

True

70
Q

. A “Safety Program” consists of procedures and activities designed to insure the physical protection and good health of guests and employees.

A

True

71
Q

Which of the following is an advantage of pre-planning?

A

B. Reduced insurance rates

72
Q
  1. Insurance, or, protection from risk, makes good financial sense but is never required by law
A

False

73
Q
  1. A “premium” is the amount paid for insurance coverage‒whether one lump sum or over time.
A

True

74
Q
  1. Financial protection, which comes from property-liability insurance, is also known as indemnification
A

True

75
Q
  1. If an insurance company is not financially sound, then your property is not necessarily covered, even if there is a written contract between the insurer and the insured
A

True

76
Q
  1. Purchasing insurance should involve
A

—–D. A, B and C
A. Determining what types of insurance you need
B. Determining the ideal monetary amount of coverage
C. Selecting a specific insurance company

77
Q
  1. Liability insurance ordinarily provides coverage when a guest slips and falls.
A

False

78
Q
  1. Earthquakes and floods are examples of “Acts of God.”
A

True

79
Q
  1. Dram shop insurance provides coverage relating to the sale or consumption of beverages containing alcohol.
A

True

80
Q
  1. Workers’ Compensation:
A

A. Provides injury-related insurance to those workers who were hurt while on the job

81
Q
  1. An “umbrella” as it relates to insurance:
A

B. Is insurance coverage purchased to supplement primary coverage

82
Q

An accountant is a mathematician or statistician who computes insurance risks and establishes premium rates

A

False

83
Q
  1. Which of the following is one of the three primary categories of insurance policy types?
A

C. Property-casualty

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