Exam 8: Protecting Patrons Property

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Which of the following is true about a hotel's liability for merchandise samples?

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B

A ____________________ case is one sufficient to warrant a judgment for the plaintiff if the defendant does not contradict the evidence.

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prima facie

In a mutual-benefit bailment, both the bailor and the bailee owe each other certain duties.

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True

Mandy was going on a six-day trip and was concerned about her vegetable garden. A neighbor agreed to go to Mandy's house every other day and water the plants while Mandy was gone. True or false: This relationship constitutes a bailment.

(True/False)
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A guest discussed with the front desk clerk his concern over an expensive ring he brought to the hotel. The desk clerk recommended that he put the ring in the safe and advised the guest that, by doing so, the hotel would be liable for the full value of the ring if it disappeared. The guest did as recommended. The ring was stolen from the safe. What, if any, is the liability of the hotel?

(Multiple Choice)
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Most states' limiting liability statutes either relieve a hotel from liability or limit the liability when loss is caused to guests' property from fire, provided the fire was not due to the hotel's negligence.

(True/False)
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A hurricane was expected in the vicinity of a hotel. The police ordered everyone within a 25-mile radius to evacuate, and television stations broadcast the plans for evacuation. The hotel ignored the warnings and did not inform its guests of the evacuation directive. As a result, the hurricane caused extensive damage to guests' property. Is the hotel liable for the loss under these circumstances?

(Multiple Choice)
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Notice posted by a hotel that safes are available for safekeeping of guest's property, without more, is adequate compliance with most limiting liability statutes.

(True/False)
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The Bedrock Motel includes on its registration form a notice of the availability of a safe and that the hotel's liability is limited. The statute of the state in which the motel is located requires posting in all the public rooms of the hotel. True or false: The notice on the registration form satisfies the statutory posting requirement in most states.

(True/False)
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______________________________ refer to goods for sale brought to a hotel by a salesperson/guest.

(Short Answer)
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Prior to the advent of limiting liability statutes, an ice storm occurred in a small town where the Miscadem Motel was located. Heavy ice formed on tree limbs, causing many to break from the weight. One heavily iced branch fell on a hotel window, causing it to break. Shattered glass caused injury to a guest's property inside. True or false: Under common law the hotel would have been liable for the loss.

(True/False)
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Whether or not a guest's watch should be placed in a hotel safe may depend on the value of the watch.

(True/False)
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If a hotel complies with a limiting liability statute and a guest's property is stolen, what, if any, liability does the hotel have?

(Multiple Choice)
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The common law rule of ______________________________, adopted by six states, provided that a hotel was liable for loss caused to guests' property only if the hotel was negligent.

(Short Answer)
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Matt took his girlfriend to an elegant restaurant to celebrate their engagement. He was driving his father's car. When he arrived at the restaurant, he gave the car keys to the valet parking attendant and entered the restaurant. Which of the following in this situation is the bailee?

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Shannon is a receptionist in the hotel dining room and is required to wear dressy clothes to dinner. One of her outfits needs shortening, and she delivers it to the tailor. Who is the bailee?

(Multiple Choice)
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A hotel guest, while dining in the hotel's restaurant, maintains her status as a guest for purposes of limiting liability statutes.

(True/False)
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A hotel has only one safe, which is located at the registration desk. The safe is open from 7:30 a.m. until midnight. True or false: This availability will protect the hotel from full liability in cases of loss of guests' jewelry.

(True/False)
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Tom's girlfriend handed her expensive winter coat to the attendant at the restaurant coat-check. She did not disclose to the attendant that she had placed three $100 bills in the inner pocket of the coat. Does the bailment exist of the $300?

(Multiple Choice)
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A guest's leather coat was stolen from the guest room by a new housekeeping employee who had a criminal record that included two convictions for theft and burglary. The hotel had failed to inquire about or investigate the employee's criminal past. What liability does the hotel have in this circumstance?

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