LWB 754

subject Type Homework Help
subject Pages 9
subject Words 1703
subject Authors Anthony Marshall, Karen Morris, Norman Cournoyer

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page-pf1
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
Answer:
Derry Community College is a commuter school with a population of 650 students.
Although its students come from twenty-three different states, the college has no dorms.
The only place on campus where food is sold is the snack bar. True or false: The college
is covered by the Civil Rights Act of 196
a. True, because many of its students come from out of state.
b. False, because colleges are not covered by the Act.
c. True, because of the unitary rule.
d. False, because it has no lodging facilities.
Answer:
Which of the following will not terminate an innkeeper-guest relationship?
a. The guest's bill is not paid when due.
b. The guest's bill was timely paid and a reasonable period of time has passed since
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final payment was made.
c. The guest expresses dissatisfaction with the accommodations.
d. The period of time for which the innkeeper agreed to rent the room has passed.
Answer:
Under common law, which of the following accurately describes the general rule
concerning the liability of a hotel when a guest's property was lost or stolen?
a. The hotel was strictly liable for the full value of the loss.
b. The hotel was not liable regardless of the cause of the theft.
c. The hotel was liable only if the negligence of its employees contributed to the theft.
d. The hotel was liable only if its employees were grossly negligent.
Answer:
Which of the following has contractual capacity?
a. A person age 17
b. A mentally incompetent person
c. A very intoxicated person
d. A person ill with flu
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Answer:
Which of the following was one of the goals of the Indian Gaming Regulatory Act?
a. Prohibit gaming on Indian reservations
b. Prohibit gaming on riverboats
c. Balance the interests of the states in regulating high-stakes gambling and the interests
of Native Americans in preserving their authority to govern reservations
d. Legalize gaming in states that do not have Indian reservations
Answer:
Which of the following is not a defense a casino can use against a patron to collect
money lent for gambling in a lawsuit?
a. Incapacity
b. Lack of probable cause
c. Duress
d. Unconscionability
Answer:
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As a general rule, the law does not like to release a party from liability (wrongdoing) at
a spa.
Answer:
Which of the following is not an essential element of a contract?
a. Contractual capacity
b. Consideration
c. A writing
d. Legality
Answer:
Which practice(s) contribute(s) to reduced risk of liability in alcohol sales?
a. Encouraging responsible drinking in marketing and advertising
b. Posting signs of the bar's willingness to drive patrons home
c. Encouraging groups of customers to select a designated driver
d. All the above
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Answer:
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.
Answer:
Which of the following is a per se antitrust violation?
a. Price fixing
b. Mergers
c. Resale price maintenance agreements
d. Territorial division agreements
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Answer:
The door to a hotel elevator shaft was left open while the elevator was undergoing
repairs. No warning signs were placed near or around the elevator. A guest fell into the
shaft and was injured. Which of the following correctly describes the hotel's liability?
a. The hotel will be liable.
b. There is no negligence on the part of the hotel, and therefore it will not be held liable.
c. The hotel will not be liable because the guest assumed the risk.
d. The hotel will not be liable because the guest is contributorily negligent.
Answer:
Which of the following is not true about overbooking by car rental companies?
a. It is a crime.
b. Some states impose fines for overbooking.
c. Many car rental companies will voluntarily compensate a traveler whose car
reservations could not be filled and who rented from another company at a higher price.
d. The unavailability of a reserved car constitutes a breach of contract.
Answer:
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A diner sued a restaurant, claiming the food was rancid and made her sick. The
restaurant intends to deny these claims and seek payment from the diner for the cost of
the meal, which the diner refused to pay. The document in which the restaurant would
assert this claim is:
a. The complaint
b. The answer
c. The summons
d. The bill of particulars
Answer:
A large hotel was full with an incoming convention. Housekeeping personnel were
overworked in preparing the rooms for the guests and so did not clean as thoroughly as
usual. A guest hurt her hand when she encountered a razor blade that had been left in a
dresser drawer, and she sued the hotel. No similar accident had ever occurred at the
hotel throughout its twelve years of business. Will the hotel be liable in this case?
a. Yes, the hotel was negligent and will be liable for the injuries.
b. No, the added demand on the hotel's services excuses it from liability in this case.
c. No, since no prior similar incidents had occurred, the hotel could not have foreseen
the injury in this case and therefore is not liable.
d. No, since hotels are not liable for their guests' injuries unless the hotel staff
intentionally causes the injury.
Answer:
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Whether or not a person qualifies as a guest impacts a hotel's liability for all of the
following except one. Which one is not affected by the presence or absence of such a
relationship?
a. Liability of negligence
b. Liability of breach of contract
c. Liability of insulting conduct
d. Liability of stolen property
Answer:
Heather rented a car from a travel agent. Even though she was the only authorized
driver listed on the contract, she allowed her friend Ashley to drive the car. Ashley was
in an accident caused by her negligence. Heather suffered injuries, and the car was
damaged. Which of the following is true?
a. Heather will be liable to the rental company for the damages to the car.
b. An implied term in the contract between Heather and the car rental company
obligated the company to cover the losses resulting from Ashley's accident.
c. The rental company's insurance will cover expenses associated with Heather's
injuries but not the cost to repair the car.
d. The car rental company's insurance will cover the cost of the repair to the rental car
but not the expenses associated with Heather's injuries.
Answer:
page-pf9
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
Answer:
Which of the following is not a factor on which the cost of liquor liability insurance is
based?
a. Volume of alcohol sold
b. Types of alcohol sold
c. Prior liability of the licensee for illegal sales
d. The hours the bar is open
Answer:
The amount of evidence required for a judge to issue a warrant is
______________________________________________________________________.
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Answer:
An agency relationship consists of two parties, a principal and an independent
contractor.
Answer:
The legal duty owed by a casino to protects its patrons' safety is
____________________________________________________________.
Answer:
An American hotel company built a hotel in France that is owned and operated by the
American company. True or false: If the hotel hires U.S. citizens to work in France,
they are protected against discrimination.
Answer:
page-pfb
When an innkeeper finds the lost or mislaid luggage of a guest, the innkeeper can look
inside the luggage for the purpose of
_____________________________________________.
Answer:
The defendant is the person who initiates a lawsuit.
Answer:
Pain and suffering is recoverable in a breach of contract lawsuit.
Answer:
Jeremy was in New Orleans for three days on business and stayed at a downtown hotel.
On the last day of his stay he left the hotel for the airport to catch a plane at noon. When
he arrived at the airport, he learned the plane was delayed for four hours. He decided to
use the time to sightsee and checked his luggage in the baggage room at the airport
hotel. True or false: Jeremy qualifies as a guest at the airport hotel.
Answer:

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