test two hospitality law Flashcards
know all
1
Q
Duty of Care” in the hospitality industry is best defined as:
A
C. A legal obligation that requires a standard of conduct
2
Q
- Hoteliers are responsible and liable for all accidents that happen on their property, whether foreseeable or not.
A
False
3
Q
A “tort” is:
A
B. A wrong committed against an individual or entity
4
Q
A “negligent” person is one who has not used reasonable care in a situation.
A
True
5
Q
Compensatory damages are awarded to punish the offender in an attempt to deter similar behavior in the future.
A
False
6
Q
Treating an injured guest with sensitivity and concern can reduce the likelihood of a lawsuit.
A
True
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
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
9
Q
The best example of “strict liability” in a restaurant would be?
A
C. The sale of defective food or beverages
10
Q
- It is better to go to court than to attempt alternative dispute resolution when dealing with an incident.
A
False
11
Q
Which of the following is a “Theory of Liability?”
A
B. Torts
12
Q
A demand letter is official notification that lets the plaintiff know the date they are due to appear in court.
A
False
13
Q
- A hotel has a legal responsibility to protect guests and invitees from all acts of third parties.
A
False
14
Q
- The law allows a hotel manager to remove guests and their belongings whenever the guests unlawfully possess a hotel room.
A
True
15
Q
- It is recommended that children use hotel spas only under the supervision of an adult.
A
True
16
Q
- Police officers are usually reluctant to enforce a hotel’s claim for payment from a guest.
A
True
17
Q
- 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
18
Q
- To illegally segregate means?
A
A. To separate a group or individual on any basis
19
Q
- Which of the following will not be considered a covered establishment under the ADA title III?
A
C. Places of public accommodation
20
Q
- An eviction can only be carried out if the guest is on property at the time.
A
False
21
Q
- An invitee is an individual who is on a property at the _______ consent of the owner.
A
D. A and B
22
Q
- 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
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
24
Q
Which of the following falls under one of the four priorities recommended for Title
III compliance:
A
A. Accessible approach and entrance
25
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.
True
26
2. In every state, an innkeeper is required to accept for safe keeping an unlimited amount of personal property from the guest
False
27
3. 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.
False
28
4. An innkeeper’s lien is a concept that helps protect innkeepers from nonpaying guests.
True
29
5. The three classifications of property where the ownership is in doubt are mislaid property, lost property and abandoned property
True
30
6. If the rightful owner does not return in a reasonable amount of time, ownership of the property transfers to:
A. The property finder
31
7. A restaurant is ordinarily responsible for both the items and their unseen contents once a bailment has been established.
False
32
8. When items of value are found, the first goal should be to?
D. Return the property to its rightful owner
33
9. An innkeeper will likely be liable for damage to, or loss of, a guest's property unless the damage was caused by:
D. All of the above.
34
10. Restaurants are not generally covered under the state laws that limit the liability of innkeepers, which can increase their risk.
True
35
. 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.
True
36
Which of the following is a true statement?
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
1. Under the premise of "reasonable expectation" it would be reasonable to assume that a fish bone could be found in chicken soup.
False
38
2. Restaurants will be held responsible for the illnesses suffered by their guests if those illnesses are the direct result of consuming unwholesome food.
True
39
3. Chipped plates and glasses, or poorly washed utensils can present as much of a legal risk as serving spoiled food.
True
40
4. 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.
False
41
Truth in Menu" can be summed up by ensuring that:
C. The menu items must accurately reflect the price that is charged and the food that is served
42
6. 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.
False
43
7. The best thing to sober up an intoxicated person is:
A. Time
44
8. Common areas of operation that are regulated by individual state Alcohol Beverage Commissions (ABC) are:
D. All of the above.
45
9. Dram shop is described as
A. A name given to a variety of state laws establishing a liquor licensee’s third party liability
46
10. 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
47
The UCC stands for:
A. Uniform Commercial Code
48
12. 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
49
1. When one business is dependent upon the performance of another business, liability for poor performance becomes easier and clearer to determine.
False
50
2. 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.
True
51
3. 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.
True
52
4. 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.
False
53
5. Which one of following actions could be a sign of a tour operator enforcing an adhesion contract:
D. All of the above.
54
6. Which of the following statements is incorrect?:
D. A class action lawsuit is the case when a similar incidents affects many individuals in the same manner in the same place.
55
7. Which one of the following is the most frequently booked/purchased over the internet?:
C. Airline tickets
56
8. Which one of the following is not false about tariffs?:
B. A tariff is the agreement between the airline and the travel agent.
57
9. To enforce the terms of its tariff, an airline must
D. All of the above
58
10. Which of the following statements is incorrect?:
C. The main source of income for travel agents and tour operators comes from the commission earned from the sale of a package.
59
International Travel Law” is defined as: the ordinances, rules, treaties, and agreements used to regulate the international travel industry.
True
60
1. Which of the following is NOT a part of crisis management?
C. Discussing with your guests how the last crisis happened at the property
61
2. What is the first priority to protect during an emergency at the property?
A. People
62
3. Which of the following will impair the safety and the security of the hotel?
. Printing a welcome sign with the hotel’s name on every key
63
4. Which of the following employees should make up the "Safety Committee"?
D. A mixture of employees at all levels, to make the committee more effective throughout the hotel
64
5. The most common crimes against hospitality businesses are
D. A, B and C are the three most common activities
65
6. As long as a crisis management plan is thorough, it need not be committed to writing.
False
66
7. It is a good idea to practice the procedures identified in a crisis management plan with the employees who may be affected.
True
67
8. The main role of a security guard is to intervene when suspicious actions occur, even if doing so may not be safe.
False
68
9. Simple monitoring of activities can sometimes be the best response to a potential threat.
True
69
10. A well-qualified team of security guards should support but not substitute for a safety and security program.
True
70
. A “Safety Program” consists of procedures and activities designed to insure the physical protection and good health of guests and employees.
True
71
Which of the following is an advantage of pre-planning?
B. Reduced insurance rates
72
1. Insurance, or, protection from risk, makes good financial sense but is never required by law
False
73
2. A "premium" is the amount paid for insurance coverage‒whether one lump sum or over time.
True
74
3. Financial protection, which comes from property-liability insurance, is also known as indemnification
True
75
4. 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
True
76
5. Purchasing insurance should involve
-----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
6. Liability insurance ordinarily provides coverage when a guest slips and falls.
False
78
7. Earthquakes and floods are examples of "Acts of God."
True
79
8. Dram shop insurance provides coverage relating to the sale or consumption of beverages containing alcohol.
True
80
9. Workers' Compensation:
A. Provides injury-related insurance to those workers who were hurt while on the job
81
10. An "umbrella" as it relates to insurance:
B. Is insurance coverage purchased to supplement primary coverage
82
An accountant is a mathematician or statistician who computes insurance risks and establishes premium rates
False
83
12. Which of the following is one of the three primary categories of insurance policy types?
C. Property-casualty
