HMD 621 For hospitality law at KSU. This is a quiz to help with the final exam wesman published on December 13, 20116 responses 1 « Previous Next » Questions in vertical order 1/34 Duty of Care Hint: 1 choice 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. 2/34 Standard of Care Hint: 1 choice 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. 3/34 Reasonable Care Hint: 1 choice 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. 4/34 Tort Hint: 1 choice 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 5/34 Intentional Tort Hint: 1 choice 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. 6/34 Unintentional Tort Hint: 1 choice 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. 7/34 Negligence Hint: 1 choice 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. 8/34 Contributory Negligence Hint: 1 choice 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. 9/34 Comparitive Negligence Hint: 1 choice 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. 10/34 Gross Negligence Hint: 1 choice 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. 11/34 What four conditions must be “met” in order for a company to be found negligent? 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. 12/34 Negligent Hiring Hint: 1 choice 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. 13/34 Negligent Supervision Hint: 1 choice 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. 14/34 Negligent Retention Hint: 1 choice 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. 15/34 Responsibility arising from the nature of a dangerous problem rather than negligence or an intentional act. (Serving food and it is contaminated). Hint: 1 choice strict liability negligence per se 16/34 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. Hint: 1 choice strict liability negligence per se 17/34 Compensatory Damages Hint: 1 choice 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. 18/34 Punitive Damages Hint: 1 choice 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. 19/34 What are the Do’s of responding to an incident? Hint: 5 choices 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 20/34 What are the don'ts of responding to an incident? Hint: 6 choices 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 21/34 Transient Guest Hint: 1 choice 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. 22/34 Tenant Hint: 1 choice 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. 23/34 What are situations for denying admission to guests? 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. 24/34 What responsibilities do companies have to guests of guests Hint: 1 choice 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. 25/34 What responsibilities do companies have to invitees? Hint: 1 choice 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. 26/34 What responsibilities do companies have to trespassers? Hint: 1 choice 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. 27/34 Bailments for the benefit of the bailOR Hint: 1 choice 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. 28/34 Bailments for the benefit of the bailEE Hint: 1 choice 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. 29/34 Bailments for the benefit of both parties Hint: 1 choice 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. 30/34 First party alcohol liability Hint: 1 choice (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 31/34 Second party alcohol liability Hint: 1 choice (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 32/34 Third party Hint: 1 choice (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 33/34 Primary Policy Hint: 1 choice 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 34/34 Umbrella Policy Hint: 1 choice 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
