Business Law Chapter 09 This presumption Eliminates The Need Present Evidence Intent

subject Type Homework Help
subject Pages 6
subject Words 1747
subject Authors Anthony Marshall, Karen Morris, Norman Cournoyer

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1. Daisy arrived at a hotel at 3:00 a.m. She rang the bell on the registration desk to alert the sleeping
attendant of her presence. Which of the following is true?
a.
If the hotel has vacancies, it must provide a room to Daisy.
b.
Due to the lateness of the hour the attendant can refuse to provide accommodations.
c.
The attendant must provide Daisy with a room but, due to the lateness of the hour, can
charge her an additional fee.
d.
The hotel has discretion in this circumstance and can either provide a room or not as the
attendant sees fit.
2. Under which of the following circumstances can an innkeeper not enter a guest’s room?
a.
To repair a faulty television set in the room
b.
To deliver food ordered from room service
c.
To make a general inspection of the room while the guest is out
d.
To seek payment when the guest is late in paying
3. Steve rented a room at a hotel for a week. During the week he had to go back home for some family
emergency, and therefore had to leave the hotel earlier than planned. He invited a friend to use the
room for the duration of the week and the friend did so. A few days later the innkeeper discovered that
George was no longer occupying the room and evicted his friend. Did the hotel have the legal right to
evict the friend?
a.
Yes, because a hotel can evict anyone at any time to preserve a safe environment for its
guests.
b.
Yes, because he was not the registered guest, and the hotel did not agree to a change in
occupants.
c.
No, the friend was not disorderly or objectionable.
d.
No, because the hotel was obligated by contract to provide a room to George or his
designee for a week.
4. A guest who has been wrongfully evicted from a hotel may be entitled to damages to compensate for
what type of injuries?
a.
Physical injuries and emotional distress
b.
Physical injuries but not emotional distress
c.
Emotional distress but not physical injuries
d.
Out-of-pocket expenses only
5. For which of the following circumstances can an innkeeper not evict a guest?
a.
The guest is disorderly.
b.
The guest is intoxicated.
c.
The guest has not paid the bill.
d.
The guest has a pet (other than a service animal).
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6. A woman was sitting in a hotel lobby. She was not a guest and had no intention of renting a room.
What action can the hotel legally take?
a.
The woman has an implied license to be on the premises, and the hotel cannot evict her
unless she becomes disorderly.
b.
The woman has an implied license to be on the premises, but the hotel can revoke the
license by asking her to leave. If she fails to do so, the hotel can evict her.
c.
The woman is a trespasser, and she can be immediately evicted without the need to ask her
to leave.
d.
The hotel cannot remove her without calling the police.
7. What is true about an innkeeper’s right to refuse to provide accommodations to a would-be guest
because the person is wearing jeans, as compared to a restaurateur’s right to refuse service to a patron
so attired?
a.
The hotel cannot refuse the guest; the restaurant can.
b.
The restaurant cannot refuse the patron; the hotel can.
c.
Either could refuse the person in jeans.
d.
Neither could refuse the person in jeans.
8. Which of the following is not true concerning the innkeeper’s lien?
a.
The due process clause of the U.S. Constitution may impact the procedure the innkeeper
must follow to take possession of a guest’s property.
b.
In some states the lien is enforceable without the necessity of a court proceeding.
c.
If an innkeeper takes possession of a guest’s property based on the lien without a court
hearing, the innkeeper will violate the due process clause of the U.S. Constitution.
d.
The lien arises when a guest fails to pay the bill.
9. Which of the following items, if brought to a hotel by a guest, is not subject to the innkeeper’s lien?
a.
A camera
c.
Merchandise samples
b.
A wedding ring
d.
Property in the hotel safe
10. An innkeeper took possession of a nonpaying guest’s property and sold it. The proceeds were greater
than the total of the guest’s bill and the hotel’s expenses associated with the sale. What should the
hotel do with the excess?
a.
Return the excess amount to the guest
b.
Keep it
c.
Give it to a designated local government official for general operating expenses of the
government
d.
Donate it to a charity
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11. Which of the following is not the name of a crime that protects innkeepers and restauranteurs from
patrons who leave without paying?
a.
Theft of services
c.
Larceny
b.
Assault
d.
Fraud
12. In a criminal case brought by a restaurant against a patron for failing to pay the bill, what is true about
intention to defraud?
a.
Intention to defraud is not an element of the criminal case, and therefore the restaurant
does not need to prove it.
b.
The restaurant must provide evidence establishing that the defendant intended to defraud
the restaurant.
c.
Once the evidence is presented that the defendant received food without paying, a
rebuttable presumption arises that the defendant intended to avoid payment. This
presumption eliminates the need to present evidence of intent to defraud.
d.
Whether or not the restaurant must prove intention to defraud is a matter of the judge’s
discretion.
13. A group of diners stole the wine glasses that had been used at their table from a restaurant. What crime
have they committed?
a.
Larceny
c.
Assault
b.
Theft of services
d.
Forgery
14. A guest who uses a stolen credit card to pay for a hotel room has committed all of the following crimes
except one. Which crime was not committed?
a.
Issuing a bad check
c.
Possession of stolen property
b.
Forgery
d.
Theft of services
1. A hotel can adopt rules to prevent misconduct and require that guests abide by them.
2. A person who enters a hotel is either a guest or, if not intending to become one, must leave if requested
to do so by the hotel staff.
3. Jenny was asked by hotel security to leave the hotel because she was intoxicated and was bothering
guests. She agreed to leave and started walking toward the door. The security guard then grabbed her
around the waist and dragged her out the door, causing her injury. True or false: The hotel will be
liable to Jenny for her injuries.
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4. The Civil Rights Act of 1964 prevents a hotel from barring religious adherents from going door to
door among the guest rooms seeking new adherents for the religion.
5. A blind person with a seeing-eye dog arrives at a hotel seeking a room. The hotel has a rule prohibiting
dogs and is concerned that some of its other guests might be fearful of canines. True or false: The hotel
can refuse a room to this would-be guest because of the dog.
6. Mandy is 16 years old and went to a motel seeking accommodations for the night. She expresses a
willingness to prepay for the room and showed the receptionist that she had the money. True or false:
The hotel can refuse to provide her a room because of her age.
7. Jan arrived at a waterfront hotel where she had reservations. When the bellhop showed her the room,
she expressed disappointment because the room did not have a view of the lake, and she demanded to
be reassigned to a room with a better view. True or false: The innkeeper is required to reassign Jan to
another room.
8. A hotel can treat a holdover guest as a trespasser.
9. A hotel can refuse to allow a local pizza delivery service to enter the hotel for purposes of delivering
pizza to guests.
10. A hotel that uses verbal abuse to effect an eviction may be liable to the person evicted.
11. In all eviction situations, force should be used only as a last resort.
12. A restaurant owner has recently been jilted by a redhead. He wishes to exclude all redheads from
eating in his establishment. True or false: The restauranteur can legally refuse to serve redheads.
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13. An innkeeper seized the property of a nonpaying guest pursuant to the innkeeper’s lien. The property
was stored temporarily in the baggage room. The guest sneaked into the baggage room and removed
some of her property. True or false: The guest is guilty of theft of her own property.
1. A hospitality establishment that, in most states, can refuse to serve people because of age is
____________________.
2. A ____________________ is a security interest in the property of someone who owes a bill.
3. If an innkeeper wrongly determines that a guest stole towels from a room and so detains the person,
the guest may also be able to sue the hotel for _________________________.
4. A diner paid for dinner with a check. Two days earlier the diner had closed the account on which the
check was drawn. The diner is guilty of the crime of ______________________________.
5. Unlike eviction of guests, a hotel cannot evict a long-term boarder without a
_________________________.
1. Before using force to evict a person from a hotel, the innkeeper should
____________________________________________________________________.
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2. The primary difference between assault and battery is
____________________________________________________________________.
3. Jeremy went to Chicago on business and had reserved a hotel room for two nights. Business demands
required that he stay in town an extra two days. The hotel has two options concerning his room. They
are ____________________________________________________________,
____________________________________________________________.
4. Three categories of people to whom a hotel can refuse to provide a room are
________________________________________, ________________________________________,
________________________________________.
5. The amount of force a hotel can use to evict a trespasser is
____________________________________________________________________.
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