HMD 621

HMD 621

For hospitality law at KSU. This is a quiz to help with the final exam

published on December 13, 20116 responses 1 5.0★ / 5

Duty of Care

Select the one correct answers
A legal obligation to protect against harm. INCLUDES: Providing a reasonably safe premise, serve wholesome food, serve alcohol responsibly, hire qualified employees, properly train employees, terminate employees who may harm someone, warn of unsafe conditions, safeguard guest property.
The industry, reasonably accepted level of care used in fulfilling a Duty of Care.
The degree of care that a reasonable prudent person would use in a similar situation. The greater the risk, the greater the “reasonable care” demanded.

Standard of Care

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The degree of care that a reasonable prudent person would use in a similar situation. The greater the risk, the greater the “reasonable care” demanded.
The industry, reasonably accepted level of care used in fulfilling a Duty of Care.
A legal obligation to protect against harm. INCLUDES: Providing a reasonably safe premise, serve wholesome food, serve alcohol responsibly, hire qualified employees, properly train employees, terminate employees who may harm someone, warn of unsafe conditions, safeguard guest property.

Reasonable Care

Select the one correct answers
The industry, reasonably accepted level of care used in fulfilling a Duty of Care.
A legal obligation to protect against harm. INCLUDES: Providing a reasonably safe premise, serve wholesome food, serve alcohol responsibly, hire qualified employees, properly train employees, terminate employees who may harm someone, warn of unsafe conditions, safeguard guest property.
The degree of care that a reasonable prudent person would use in a similar situation. The greater the risk, the greater the “reasonable care” demanded.

Tort

Select the one correct answers
Assault, Battery, Defamation, Intentional infliction of emotional distress.
An act or failure to act (not involving a breach of contract) that results in injury, loss or damage to another.
Negligence and Gross Negligence

Intentional Tort

Select the one correct answers
Assault, Battery, Defamation, Intentional infliction of emotional distress.
Negligence and Gross Negligence
An act or failure to act (not involving a breach of contract) that results in injury, loss or damage to another.

Unintentional Tort

Select the one correct answers
Negligence and Gross Negligence
Assault, Battery, Defamation, Intentional infliction of emotional distress.
An act or failure to act (not involving a breach of contract) that results in injury, loss or damage to another.

Negligence

Select the one correct answers
Negligence by the complaining party that contributed to the cause of injuries.
The reckless or willful failure to use even the slightest amount of reasonable care.
Shared responsibility for the harm that results from negligence.
Involves doing something a reasonably prudent person would not have done. The failure to use reasonable care.

Contributory Negligence

Select the one correct answers
Negligence by the complaining party that contributed to the cause of injuries.
The reckless or willful failure to use even the slightest amount of reasonable care.
Involves doing something a reasonably prudent person would not have done. The failure to use reasonable care.
Shared responsibility for the harm that results from negligence.

Comparitive Negligence

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The reckless or willful failure to use even the slightest amount of reasonable care.
Shared responsibility for the harm that results from negligence.
Negligence by the complaining party that contributed to the cause of injuries.

Gross Negligence

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Shared responsibility for the harm that results from negligence.
Negligence by the complaining party that contributed to the cause of injuries.
The reckless or willful failure to use even the slightest amount of reasonable care.

What four conditions must be “met” in order for a company to be found negligent?

Select the four correct answers
The defendant has failed to provide the standard of care needed to fulfill that duty.
To be negligent: A legal duty of care of present.
The plaintiff was injured or suffered damages.
The defendant’s failure to meet the legal duty was the proximate cause of the harm.

Negligent Hiring

Select the one correct answers
Failure to exercise reasonable care investigating background.
Failure to reasonably terminate an employee with known violent tendencies.
Failure to exercise reasonable care in ensuring that employees and third parties can work at the employers premises in safety. Failure to disclose a known danger.

Negligent Supervision

Select the one correct answers
Failure to exercise reasonable care investigating background.
Failure to reasonably terminate an employee with known violent tendencies.
Failure to exercise reasonable care in ensuring that employees and third parties can work at the employers premises in safety. Failure to disclose a known danger.

Negligent Retention

Select the one correct answers
Failure to reasonably terminate an employee with known violent tendencies.
Failure to exercise reasonable care in ensuring that employees and third parties can work at the employers premises in safety. Failure to disclose a known danger.
Failure to exercise reasonable care investigating background.

Responsibility arising from the nature of a dangerous problem rather than negligence or an intentional act. (Serving food and it is contaminated).

Select the one correct answers
strict liability
negligence per se

When the rule of law is violated by the operator, such violation of a rule of law is considered to be so far outside the scope of reasonable behavior that the violator is assumed to be negligent. Violate law>automatically liable.

Select the one correct answers
strict liability
negligence per se

Compensatory Damages

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Monetary amount awarded to restore the injured party to the position he or she was in prior to the injury (i.e. medical expenses, lost wages). Also referred to as actual damages.
A monetary amount used as punishment and to deter the same wrongful at in the future by the defendant and others.

Punitive Damages

Select the one correct answers
A monetary amount used as punishment and to deter the same wrongful at in the future by the defendant and others.
Monetary amount awarded to restore the injured party to the position he or she was in prior to the injury (i.e. medical expenses, lost wages). Also referred to as actual damages.

What are the Do’s of responding to an incident?

Select the five correct answers
Apologize for the accident
Call 911
Attend to the injured party
Admit that you or your employees were at fault. Do not take responsibility for the accident.
Offer to pay for the medical expenses or the injured party.
Be sensitive and sincere
Mention insurance coverage
Conduct a complete and thorough investigation
Discuss the cause of the accident
Complete a claim report and submit it to your insurance company immediately.
Correct employees at the scene

What are the don'ts of responding to an incident?

Select the six correct answers
Correct employees at the scene
Complete a claim report and submit it to your insurance company immediately.
Discuss the cause of the accident
Conduct a complete and thorough investigation
Mention insurance coverage
Offer to pay for the medical expenses or the injured party.
Admit that you or your employees were at fault. Do not take responsibility for the accident.
Apologize for the accident

Transient Guest

Select the one correct answers
Customer who lawfully utilizes a facilities food, beverage, lodging, or entertainment services.
Anyone including a corporation who rents real property for an extended period of time with the intent of establishing a permanent occupation or residency.

Tenant

Select the one correct answers
Customer who lawfully utilizes a facilities food, beverage, lodging, or entertainment services.
Anyone including a corporation who rents real property for an extended period of time with the intent of establishing a permanent occupation or residency.

What are situations for denying admission to guests?

Select the eight correct answers
Ability to pay test
communicable diseases
prohibited items
intoxicated
threat to employees/guests
individual does not seek to become a guest
individual is too young
the facility is full.

What responsibilities do companies have to guests of guests

Select the one correct answers
To notify or warn the invitee of any potential danger. Invitees include: employees, managers, contractors, vendors and individuals such as those entering to ask directions, use a telephone, or make a purchase
No responsibility as to duty of care to an individual who is unauthorized to be on the premises.
Should be treated in the same manner as guests. They should be provided with a safe and secure facility. A hotel has no legal responsibility to protect others from the criminal acts of third parties. But a legal responsibility may come into existence if the danger or harm is foreseeable.

What responsibilities do companies have to invitees?

Select the one correct answers
To notify or warn the invitee of any potential danger. Invitees include: employees, managers, contractors, vendors and individuals such as those entering to ask directions, use a telephone, or make a purchase
No responsibility as to duty of care to an individual who is unauthorized to be on the premises.
Should be treated in the same manner as guests. They should be provided with a safe and secure facility. A hotel has no legal responsibility to protect others from the criminal acts of third parties. But a legal responsibility may come into existence if the danger or harm is foreseeable.

What responsibilities do companies have to trespassers?

Select the one correct answers
No responsibility as to duty of care to an individual who is unauthorized to be on the premises.
To notify or warn the invitee of any potential danger. Invitees include: employees, managers, contractors, vendors and individuals such as those entering to ask directions, use a telephone, or make a purchase
Should be treated in the same manner as guests. They should be provided with a safe and secure facility. A hotel has no legal responsibility to protect others from the criminal acts of third parties. But a legal responsibility may come into existence if the danger or harm is foreseeable.

Bailments for the benefit of the bailOR

Select the one correct answers
Only the bailor gains from the agreement. Accepts the responsibility of a bailment relationship, and so much exercise a high degree of care for the safety of the property. To be safe, refuse to accept possession and responsibility of property. If a handyman leaves his tools at the restaurant so he does not have to load and unload them again the next day.
The person holding the property gains from the bailment relationship. The bailee who benefits from the relationship is responsible for the safety of the property while it is in hi or her possession. If a food and beverage director borrows chafing dishes for a wedding from the food and beverage director of the local athletic club
In many cases a bailment is for the benefit of both parties. If a hotel decides to park a guests car while he/she dines. The guests (bailors) gain the convenience of having their cars parked for them, and the restaurant (bailee) gains because of the increase in business that comes from providing the parking service.

Bailments for the benefit of the bailEE

Select the one correct answers
The person holding the property gains from the bailment relationship. The bailee who benefits from the relationship is responsible for the safety of the property while it is in hi or her possession. If a food and beverage director borrows chafing dishes for a wedding from the food and beverage director of the local athletic club
Only the bailor gains from the agreement. Accepts the responsibility of a bailment relationship, and so much exercise a high degree of care for the safety of the property. To be safe, refuse to accept possession and responsibility of property. If a handyman leaves his tools at the restaurant so he does not have to load and unload them again the next day.
In many cases a bailment is for the benefit of both parties. If a hotel decides to park a guests car while he/she dines. The guests (bailors) gain the convenience of having their cars parked for them, and the restaurant (bailee) gains because of the increase in business that comes from providing the parking service.

Bailments for the benefit of both parties

Select the one correct answers
Only the bailor gains from the agreement. Accepts the responsibility of a bailment relationship, and so much exercise a high degree of care for the safety of the property. To be safe, refuse to accept possession and responsibility of property. If a handyman leaves his tools at the restaurant so he does not have to load and unload them again the next day.
The person holding the property gains from the bailment relationship. The bailee who benefits from the relationship is responsible for the safety of the property while it is in hi or her possession. If a food and beverage director borrows chafing dishes for a wedding from the food and beverage director of the local athletic club
In many cases a bailment is for the benefit of both parties. If a hotel decides to park a guests car while he/she dines. The guests (bailors) gain the convenience of having their cars parked for them, and the restaurant (bailee) gains because of the increase in business that comes from providing the parking service.

First party alcohol liability

Select the one correct answers
(Serves) Person selling/serving them the alcohol.
(Drinks) Person buying/consuming the alcohol.
(Victim) Person not directly involved in a specific situation having to do with the sale or consumption of the alcohol

Second party alcohol liability

Select the one correct answers
(Serves) Person selling/serving them the alcohol.
(Drinks) Person buying/consuming the alcohol.
(Victim) Person not directly involved in a specific situation having to do with the sale or consumption of the alcohol

Third party

Select the one correct answers
(Serves) Person selling/serving them the alcohol.
(Drinks) Person buying/consuming the alcohol.
(Victim) Person not directly involved in a specific situation having to do with the sale or consumption of the alcohol

Primary Policy

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Insurance coverage purchased to supplement primary coverage. Sometimes referred to as excess insurance
The main insurance policy that provides basic coverages and the amount of insurance provided by the policy

Umbrella Policy

Select the one correct answers
Insurance coverage purchased to supplement primary coverage. Sometimes referred to as excess insurance
The main insurance policy that provides basic coverages and the amount of insurance provided by the policy