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Exam 1 Review

by: Angelica Pellegrino

Exam 1 Review HFT 3603

Angelica Pellegrino
GPA 3.4
Principles of Hospitality Law
Jeffrey Miller

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Chapters 1-6 exam review
Principles of Hospitality Law
Jeffrey Miller
Study Guide
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This 10 page Study Guide was uploaded by Angelica Pellegrino on Wednesday September 23, 2015. The Study Guide belongs to HFT 3603 at Florida Atlantic University taught by Jeffrey Miller in Summer 2015. Since its upload, it has received 117 views. For similar materials see Principles of Hospitality Law in Hospitality at Florida Atlantic University.

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Date Created: 09/23/15
HFT 3630 Exam 1 Review 1 Chapter I Introduction to Contemporary Hospitality Law 4 truefalse 3 multiple choice What is law 0 Law consists of rules that require people to meet certain standards of conduct and are enforceable in court Principles of Hospitality Law 0 Restaurants Bars Hotels Travel Agents Airlines Casinos Theaters Parks Clubs Sports Facilities 0 Administrative law Example Motor Vehicles Sources of Law 0 Delegated Powers Expressly allocated to the federal government in the Constitution 0 Interstate Commerce Business affecting more than one state 0 Legislative Process Method by which Congress adopts laws 0 gtkStatute Law adopted by federal or state legislature 0 gtkOrdinance Law adopted by local legislature Precedents 0 Stare Decisis Process of following earlier cases gives some uniformity to the law Administrative Law 0 Refers to laws that de ne powers 0 Administrative Agency Governmental subdivision charged with administering legislation that applies to a particular industry 0 Laws adopted by administrative agencies are called regulations Role of the Judge 0 Judges are appointed by governor then elected 0 Makes the law in cases where no precedent or statute exists 0 Appellate judges also review decision of other judges Civil amp Criminal Law 0 Civil Law Wrong done to an individual 0 Lawsuit Compensation for an injury Example Miller vs Miller person against person 0 Criminal Law Wrong considered to be in ected on society 0 Lawsuit Punishment of the wrongdoer Example State vs Miller Examples of Civil Law 0 gtkContract An agreement between two or more parties that is enforceable in court 0 Torts 0 Example Auto accident 0 Trademark Infringement Use of another company s name or logo 0 Fraud Intentionally untruthful statement made to induce reliance by another person Examples of Crimes HFT 3630 Exam 1 Review 2 0 gt ltTheft of Services Using services such as a hotel room without pay and with intent to avoid payment Example Dine and dash 0 Assault Intentionally putting someone in fear of harmful physical contact 0 Battery Causing harmful physical contact to a person Penalties amp Remedies 0 Community Service 0 Fines 0 Probation How to Read a Case 0 The facts Circumstances that gave rise to the lawsuit 0 The issue Legal question that the parties want resolved 0 The judge s decision Judge s response to the issue 0 The reasoning supporting the decision Basis and rationale for the decision Suppose I live next door to you and you own a vicious dog What can you do about it Injunctions Orders to stop doing whatever is causing the disturbance Chapter 2 Legal Procedures Journey of a Case through the Courts 4 truefalse 2 multiple choice Lawsuits 0 Most civil cases settle before trial 0 Heart in court Parties amp Proof 0 Parties Individuals engaged in the con ict 0 Plaintiff Party who initiates the lawsuit 0 Defendant Party being said Jurisdiction 0 Place where you can bring up suit 0 Authority to hear a case Example Accident in Palm Beach 2 people are from Martin County and Miami Dade You can t sue from Duval County only from the three jurisdictions Summary Judgement 0 If there is no doubt on fault 0 All motions relating to the pleadings have been made and ruled by the judge Example If you are in an accident and the other person is at fault lawyer can move for a summary judgement to move to damages Pretrial Procedure 0 Discovery Process by which each side obtains evidence known to the other side 0 Interrogatories Questions you ask the other side 0 Deposition Take witnesses testimony and lock it in HFT 3630 Exam 1 Review Types of Trials 0 Jury Trial Tried by a jury 0 Bench Trial Heard by the judge Appeals 0 Done without witnesses 0 Based on records 0 Appeal court read records and make a decision Alternate Dispute Resolution 0 Arbitration Dispute is submitted to an arbitrator objective third party 0 Mediator hears all the evidence and makes a decision which cannot be appealed Mediation 0 Negotiations between parties 0 Not binding 0 Informal setting 0 Mediator does not have authority to decide who wins 0 Assists with the parties in reaching a settlement Appel 0 Person who appeals Appellante 0 Person who responds to the appeal Chapter 3 Civil Rights and Hospitality Business 3 truefalse 1 multiple choice 11 is false Civil Rights Act of 1964 0 Passed after Kennedy was assassinated in 1963 0 Protected race color religion gender and national order 0 Federal law 0 Many states added to it different that federal law 0 If you violate this statute nancial amp injunction 0 Most states expands its coverage Example Some south states don t cover gender orientation some north do 0 Most states allow damages to be paid to the plaintiff federal does not Relief 0 Money isn t recoverable 0 Injunction Relief Court order that requires a defendant to refrain from doing a particular act Americans with Disabilities Act ADA 0 Passed in 1991 0 Built before 1991 doesn t apply unless modi ed 0 Addresses discrimination against individual with disabilities 0 Applies to hotels restaurants places of entertainment and service stations 0 You can get sued if all tables are in the same area for disabled people HFT 3630 Exam 1 Review 4 Chapter 4 Contract Law and the Hospitality Business 4 truefalse 2 multiple choice Contract 0 An agreement between two or more parties that is enforceable in court Elements of a Contract 0 Must eXist for the contract to be valid 0 Contractual Capacity Over 18 mental capacity would not qualify 0 Mutuality Agreement to pay 10 if I cut your lawn 0 Legality Is it legal to pay to cut the lawn 0 Consideration 10 for cutting the lawn is the consideration Capacity to Contract 0 The ability to understand the terms of the contract 0 People who lack contractual capacity are viewed by the law as having diminished mental abilities 0 Minors 0 Very intoxicated 0 Mentally incompetent Voidable Contract 0 Can be canceled at the option of one party Example Deal with somebody 18 they can cancel the contract you can t It is their option Mutuality 0 Offerer The person who makes an offer 0 Offeree Person to whom the offer is made 0 Offer must of de nite 0 If terms are vague contract may not result 0 Invitation to Negotiate Open discussions that may or may not lead to an offer Example A hotel puts on their website that they have rooms available that oversee different scenes for different prices Has to be a de nite offer otherwise it is an invitation to negotiate Responses to an Offer 0 Acceptance An expression of agreement by of the offeree to the terms of the offer 0 Counteroffer The offeree is interested in the offer by wants to change a few terms Legality 0 Was it legal Can be legal in one state and note in another Consideration 0 Can take one of three forms 0 A tangible item of value or a promise to give such an item 0 Performance or a promise to perform 0 Forbearance Agreeing to refrain from doing something you have a legal right to do Example I promise to not sue if you pay me 100 If you cut my lawn I give you my watch HFT 3630 Exam 1 Review 5 Proper Form 0 Oral contract may be dif cult to prove because what one person says may not be what was originally said Statute of Frauds 0 Prevent someone from claiming you agreed to a contract that doesn t eXist 0 gtkContract for sale of goods If it is less than 1000 it can be verbal if more it has to be in writing Parol Evidence Rule 0 ParolVerbal 0 If it is said beforehand and not in contract it does not count 0 Prevents the parties from modifying a written contract using evidence of oral agreements made prior to signing the written contract Genuine Assent 0 If someone threatens to harm the contract will not be binding 0 Fraud Intentionally untruthful statement made for the purpose of misleading someone Example Can t sue over the watch because he never agreed or made a statement that it was what they thought Ambiguous Terms 0 Important to state terms of the agreement clearly without ambiguity 0 Don t want 0 Bad draftsmanship by the lawyer 0 If it is drafted right you shouldn t have issues Trade Usage 0 Practices or modes of dealing generally adhered to in a particular industry such that an expectation arises that they will be honored in a given transaction Example Doing a contract for pluming that contract has certain terms for certain meanings Don t need to de ne the terms the court would know what the trade usage is for those terms Conditions 0 Contingent Relies on the occurrence or nonoccurence of a speci ed event Example I ll sell you this if that If that doesn t happen I won t sell it If the contract is over 1000 it has to be in writing Contracts Formed on the Internet 0 If you accept yes online you are accepting a binding contract 0 Signed consent gtkBreach of Contract 0 Failure to perform as required by a contract 0 Civil wrong 0 Not criminal 0 Nonbreaching party may be entitled to a remedy 0 Damages 0 Speci c Performance Performance of the contract terms HFT 3630 Exam 1 Review 6 Example Agree to sell car for 50000 with a written contract and somebody else offers more That rst person can go to court and ask for speci c performance and not let you sell it to the other person Duty to Mitigate 0 Reduce or lesson Example Group books 50 rooms in a hotel for 3 nights you can t use all the rooms but had a binding contract If the hotel can rent any of the unused roomed they can t collect twice Speci c Performance 0 A court requiring the defendant to perform the act promised in the contract 0 Applicable only to contracts involving the sale of unique one of a kind items Example Car Contracting for a Room 0 Contract for a room between innkeeper and guess must satisfy the essential elements Example Have a contract with Hilton and agree to pay X for a certain room time and accommodation then you show up and room isn t available It is a breach of contract Overbooking 0 Is a breach of contract 0 A hotel reservation is a contract 0 For those guests the hotel cannot house it will be in breach of contract and liable for damages Breach by a Guest 0 When a guest cancels a reservation 0 Can charge your credit card because you breached the contract Forum Selection Cause 0 Allows the parties to agree that any litigation resulting from the contract will be initiated in a speci c forum 0 Travelocity eXpedia orbitz priceless etc 0 You ve agreed to it Chapter 5 Principles of Negligence Negligence 0 The breach of a legal duty to act reasonably that is the direct cause of injury to another Example A car accident slip and fall Elements of a Negligence Case 0 The eXistence of a legal duty to act reasonably owed by the defendant to the plaintiff 0 A breach of that duty 0 Injury to plaintiff 0 Proximate cause Get involved in an automobile accident you need to have doctors say what s wrong Very eXpensive to have a doctor come to work Proximate Cause 0 Refers to direct and immediate cause HFT 3630 Exam 1 Review 7 Example In a publix and Professor Miller falls and reinjures his knee publix can t argue that he fell because of his preexisting knee injury Intervening or Superseding Occurence 0 Events independent of and occurring after the defendant s alleged negligence may be the direct cause of the injury rather than the defendant s negligence Example A back strain and 5 weeks later doing work and fall During trial was it from the back strain injury or the fall accident Children and the Reasonable Person Test 0 Children do not comprehend dangers obvious to more mature persons 0 Nor are children able to weigh cause and effect accurately 0 Children cannot be expected to recognize risks and take appropriate precautions 0 The duty imposed on adults to act reasonably is usually greater when young children are involved Example Child hits someone in the head with a baseball bat on accident you have no chance of winning Law says the child didn t know right from wrong Could you sue the parents Depends on the state law Room Furnishings 0 A hotel must anticipate dangers and use reasonable care to protect against them when furnishing a room that will be occupied by children Example Go to a hotel that attracts families may have a chord hanging from a drape or a frayed mirror kid gets hurt The hotel has liability The eyes and ears of safety in a hotel is house keeping Attractive Nuisance Doctrine 0 A landowner generally owes no duty to a trespasser other than to refrain from causing him willful injury Example The dog christmas and children example You will have liability Homeowners policy will protect you once Independent Contractors 0 Someone who works for themselves 0 Case by case basis Example You drive a company van get in an accident the company has liability Example You are an independent contractor get in an accident it depends on the facts 0 A company is always liable for the acts of independent contractors False 0 An employer is never responsible for the acts of its employees False 0 An employer is always responsible for the acts of its employees True Duty to Aid a Person in Distress 0 Law does not impose a legal duty on individuals to rescue someone in the trouble 0 Genuinely protected in any state unless you misdescribed yourself Duty to Aid a Person in Distress 0 No liability will result if a rescuer choose to do nothing 0 Can t sue if you don t want to get involved either Contributory Negligence HFT 3630 Exam 1 Review 8 0 The plaintiff s cheerlessness contributed to the injury 0 Plaintiff cannot successfully sue a negligent defendant Example Snowbird driving on 95 going 45 mph in a fast lane car comes up behind too fast within the speed limit they can t avoid hitting you and your tail lights were out The snowbird is severely injured and sue the driver that hit them They will not win because the court proved that they were part of the accident Jury question did the snowbird contribute any negligence to the accident Comparative Negligence 0 Plaintiff s negligence will not totally defeat the lawsuit 0 Most fair law 0 Only 5 states don t follow it Example Same example as contributory negligence but the snowbird is entitled to because of the accident The jury nds that the snowbird contributed 60 negligence to the accident then they would get 40 of the money Assumption of Risk 0 Applies in cases where the plaintiff voluntarily engages in conduct known to present a risk of injury Example In Publix there is an aisle with yellow tape because it is wet you want to go down the aisle and got hurt You can t collect Example Consuming uncooked food but there it is written on the menu Still can t collect It s your risk even though most restaurants won t cook the food that way Example In a parking lot of a restaurant the owns the lot There was a lot of rain and the parking lot sunk so you put cones up Person walks through and gets hurt Chapter 6 Negligence and Hospitality Practices 4 truefalse 1 multiple choice Duty Owed Guests in Hotel Rooms 0 Reasonable care 0 Cleaning the room 0 Up keeping 0 Housekeeping is the eyes and ears of a hotel They report the issues Electrical and Heating Hazards 0 Devices must be maintained Example Not putting furniture next to a radiator Bathroom Appliances Hot Shower Water Whirlpools 0 Housekeeping examines bathrooms 0 Check for hot water 0 Boiler regulator 0 Most whirlpools have been removed dangerous Elevator 0 License company must repair and inspect them 0 Never use your own hotel maintenance 0 gtkIf a hotel hires a maintenance company who negligently overlooks a program hotel will be held liable HFT 3630 Exam 1 Review 9 0 Maintenance should have insurance that backs up hotel Lobby 0 Housekeeping management door men etc are trained to report problems 0 No intruders or bothering guests 0 Depends on security 0 Good order Furniture lighting etc Doors 0 Keep premises safe 0 Sign about hours of operations 0 Door must remained unlocked during hours 0 Doorman is not required 0 Evacuation codes posted behind doors Constructive Notice 0 Sometimes the plaintiff can win the case if they can show that the facility should have known of the problem Example Parking lot owned by the restaurant a hole in the ground somebody falls and breaks leg under the theory of constructive notice the restaurant is liable 0 Should check lights daily or regularly Example Hotel restaurant has lights that come on at light the lights go out we should expect them on regularly Duty Owed Guests Outside 0 Variety of conditions outside a hotel that can lead to liability if not exercised 0 Valet 0 Sidewalks 0 Handicap 0 Outdoor lighting should be inspected daily Example Valet service damaging cars Grounds 0 If a restaurant has an are roped off and a customer walks through it and gets hurt the restaurant is not held responsible Outdoor Sporting Facilities 0 Even in states that continue to follow the rule of assumption of risk a guest does not assume the risk that the resort will fail to maintain the sporting facility in a condition that makes it reasonably safe for the guest Example Hotel on beach There s a sign up about not going in the water someone goes in the water and drowns hotel not responsible 0 Don t have to have a lifeguard but if there isn t one there has to be a sign Staff Training 0 When a hotel re breaks out the hotel has a continuing duty to exercise reasonable care to protect the safety of its guests Example Not having equipment to get people in a re HFT 3630 Exam 1 Review 10 Security 0 A business with reason to anticipate the occurrence of a criminal act has a duty to protect patrons 0 Pay attention to what has already happened Example 3 guests mugged in the past few months from 9 11 at night that location needs to secure the area go to valet parking or have a guard walking the area Medical Care 0 Hotels and restaurants are not obligated to provide medical services 0 If you have a medical issue and aren t specialized call 911


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