978-1418051914 Chapter 9 Solution Manual

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False Arrest

❊When a hotel or restaurant believes it is the victim of crime, it should proceed cautiously. Overre-

action can result in liability to the guest. When officers arrive, the manager will explain the basis for

believing a crime has occurred. The police will then assume the investigation.

❊If, however, the suspect is likely to escape pending the arrival of police, the hotel or restaurant may

want to act on its own. Again, prudence is advised. Hotel or restaurant management should not

restrain a person unless the manager is quite sure the individual did in fact engage in criminal

activity.

J. Answers to Case Example Questions

9-7-1. What specific actions of the hotel staff likely convinced the court to rule in favor of the

hotel?

The specific action of the hotel to remove the plaintiff may have been carried out in a proper

9-8-1. The jury believed the guest’s version of the facts. Based on that version, what did the

hotel manager do wrong? How should he have handled the situation?

According to the plaintiff’s version, he was a guest of a guest, he was asked to leave for no rea-

son, and, although he complied with the order and began to leave, he was attacked by the

9-8-2. Why did the appellate court refuse to substitute its own opinion for that of the

jurors?

9-10-1. Why is failure to pay an outstanding bill not sufficient, standing alone, to establish

fraudulent or criminal intent?

The reason, as the appellate court stated, is that, as with most crimes, intent must be proved.

Failure to pay, standing alone, does not prove intent. No evidence was presented that the de-

9-10-2. What additional evidence is necessary to establish a fraudulent or criminal intent?

Criminal intent could be established in a number of different ways. It could be inferred from

the defendant’s conduct, such as paying with a check when the defendant knew he did not

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K. Answers to End-of-Chapter Questions

❊Review Questions

1. Under what circumstances can a hotel refuse to provide accommodations to someone

seeking a room?

A hotel can refuse to provide accommodations in the following circumstances: it has no

vacancies; the would-be guest is intoxicated, is disorderly, is unclean, suffers from a contagious

2. What precautions should a hotel take before moving a guest to another room?

The innkeeper should ask the guest to move voluntarily. If he or she refuses, the innkeeper can

3. Under what circumstances can an innkeeper enter a room assigned to a guest?

Hotel employees can enter a Guest room for purposes of cleaning it, making repairs, or

4. Can a hotel refuse to allow competing businesses to solicit its guests on its premises?

Why or why not?

The innkeeper can evict a competitor who is on the hotel premises soliciting the guests. The

5. Name five legal grounds for eviction of a guest from a hotel.

The grounds for eviction are the following: (1) failure to pay the hotel bill; (2) overstaying,

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Key Terms

Assault The tort of intentionally putting someone in

fear of harmful physical contact, such as making a fist

Criminal possession of stolen property Act of

Defamation The tort of making false written state-

Defraud To cheat or trick; intentionally misrepre-

Evict To remove someone from the property.

Excessive force An amount of force that is beyond

stances, as in the case of deadly force used to protect

Forgery The false making or the material altering of

Lien A charge or obligation due or owing against

Slander The tort of making defamatory statements

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6. How much force can a hotel use when evicting a guest?

Hotel employees can use only that amount of force reasonably necessary to remove the per-

son or to counter force used by that person.

7. What are the consequences to a hotel of using excessive force when evicting a guest?

8. Under what circumstances can a restaurant refuse to provide dinner to a would-be guest?

9. What is the difference between the torts of assault and battery?

10. What benefit does an innkeeper’s lien provide to an innkeeper?

The lien entitles the innkeeper to take possession of a delinquent guest’s possessions, sell them,

11. If a district attorney is prosecuting a defendant for theft of hotel services, what are the

elements of the crime that the prosecutor must prove?

For any crime, the prosecutor must prove two elements: (1) an illegal act, and (2) a criminal

12. What acts constitute the crime of issuing a bad check?

❊Discussion Questions

1. Juanita and Victoria both waitresses at Hillary’s Restaurant, were having a dispute.

Juanita made a gesture suggesting she was about to throw a plate at Victoria. Victoria

was frightened and ran from the room. Has Juanita committed any tort? If so, which

one? What are the elements of that tort?

Yes, Juanita has committed the tort of assault by intentionally putting Victoria in fear of harm-

2. What is required of an innkeeper who is enforcing an innkeeper’s lien?

The innkeeper must abide by state statutes that may mandate procedures for the sale of the

delinquent guest’s property. Typical statutes require that a notice of the sale be given in a

3. What are the differences between a hotel’s right to refuse to provide a room to a would-

be guest and a restaurant’s right to exclude?

A hotel has an obligation to accept all people who seek accommodations with few exceptions.

The would-be guests that a hotel can refuse are those who are intoxicated, disorderly, unclean,

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4. Can a hotel adopt a house rule prohibiting pets on the premises? Where should the rule

be posted? What right does a hotel have if a guest violates the rule and brings a dog to

the room?

Yes, a hotel can adopt such a rule. Any such rule must exclude from its application seeing-eye

dogs and other service animals. Restaurants and hotels must permit these animals to be on the

❊Application Questions

1. George was drinking at a hotel bar. He became intoxicated and left the bar around

10:00 P.M. While walking through the hotel lobby, he stopped a woman seated on a

couch and tried to engage her in conversation. She requested that he leave, but he failed

to go. This encounter was observed by a security guard. What action should the guard

take? Discuss various possibilities.

The hotel can evict George since he is intoxicated and disorderly. When requiring someone to

leave the hotel, security should attempt to do it peacefully and without force. A request to

George that he depart is the appropriate initial approach. If he leaves without a fuss, the mat-

2. Steve operates a restaurant. His girlfriend recently broke up with him so she could date

another man. The “other man” sought to eat dinner at the restaurant. Steve refused to

seat him. Is Steve legally entitled to deny service to the man? Why or why not?

Yes, Steve can refuse service. A restaurant can refuse to serve someone for any reason except

3. Tyrone and Jeff walked into a corner grocery store at 1:55 A.M. to buy beer. At 2:02

they took their selections to the cash register. The clerk refused to sell the beer because

the law in the town prohibited alcoholic sales after 2:00 A.M. Tyrone, refusing to take

no for an answer, left money on the counter and told the clerk, “Here’s $10 for the beer

and an extra $2 for your trouble. If there’s any problem we’re staying at the Polex

Motel down the street, room 312.” Based on their prior purchases of beer elsewhere,

Tyrone and Jeff believed $10 was generous to cover the cost. Unknown to them, the

actual cost of the beer was $15.00. Have they committed the crime of larceny? Why or

why not?

The elements of larceny include taking property belonging to someone else with the intent to

deprive the owner of the benefit thereof. In this case, although Tyrone and Jeff took the beer

4. Several diners at the Olympia Restaurant have complained of stolen coats in the last few

days. A regular customer known to the manager entered the store with a coat that re-

sembled the description of one of the stolen coats. The manager detained the customer

pending an investigation. Was the manager’s action in detaining the customer legal?

Why or why not?

No, the detention was not legal. To properly detain a suspect, the restaurant would need rea-

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5. Barry is a guest at the Midway Inn. He paid his bill with a stolen credit card and signed

his name on the receipt. Identify all the crimes that Barry has committed in this trans-

action.

Barry has committed the following crimes: (1) theft of services (staying at a hotel and inten-

tionally failing to pay the bill); (2) forgery (unauthorized making of a written instrument, such

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