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business
understanding management

Questions and Answers of Understanding Management

What elements are necessary for the formation of a contract?
What is the difference between an offer and an acceptance?
Give examples of valid consideration for a contract.
How does an express contract differ from an implied contract?
What type of acceptance is required for a bilateral contract? for a unilateral contract?
What is a void contract? What is a voidable contract?
Give an example of a legally valid contract which may be unenforceable.
What is the purpose of statutes of limitations?
What do we mean when we say that an offer must be definite in its essential terms?
Under what circumstances may a hotelkeeper refuse to accept a prospective guest?
What are the possible consequences if a hotel wrongfully refuses to receive a guest?
How does the Civil Rights Act of 1964 affect hotels?
What recourse does a person have who feels he/she was discriminated against by a hotel?
In addition to prohibiting discrimination on the basis of race, religion, color, or national origin, under federal law, some states prohibit other forms of discrimination. Name two other forms of
Why is a hotel obligated under common law to receive married women and minors?
How do state discrimination laws place restrictions on hotel advertising?
Is a confirmed reservation an enforceable contract?(a) Does a reservation have to be confirmed in writing to constitute an enforceable contract?(b) Does an oral request for a reservation constitute a
Is a deposit necessary to make a reservation a binding contract? If not, why not?
What does the case of Freeman v. Kiamesha Concord, Inc. teach us with respect to contractual agreements between a hotel and a guest?
What may happen if a hotel fails to live up to its obligations under a contractual agreement:(a) witha guest?(b) with a convention?
What steps have been taken on a state level to regulate overbookers?
What have AH&MA members done in order to improve reservation practices?
Why is it important for hotels to have written convention and group contracts?
What are some of the matters which should be covered by a convention contract?
When, if ever, should the hotel update its forms for convention contracts?Why?
Why is it important to seek the advice of an attorney before entering into a convention or group contract?
Why is it important for the hotel to make certain that the convention or group has adequate insurance coverage?
What are some of the insurance policies that a convention or group should have?
What are the guest’s rights to privacy within the guestroom? When do these rights cease?
What relevance did Campbell v. Womack have in a hotel guest’s right of privacy?
When is it necessary to have a search warrant to enter a guestroom?
For what purposes does a hotel retain the right of access to a guest’s room?
Why is it difficult to distinguish between a guest and a tenant?
How do the hotel’s rights differ when evicting a guest? a tenant?
Under what circumstances might a hotel decide to evict a guest?
When can a hotel expel a sick guest?
What rights does the hotel have to evict a non-guest or visitors of a guest?
What caution should hotels use in forcible eviction of either guests or non-guests?
What are some examples of a “disability” under the ADA, as far as hotel guests are concerned?
What does “readily achievable” barrier removal mean?
What are some measures that might be considered readily achievable?
What priorities would you consider in removing barriers?
What does “path of travel” mean under the ADA?
What aids for individuals with hearing impairments must be provided at the front desk? in the guestroom?
What is the hotel’s duty to protect guests?
Is the hotel an “insurer” of the guest’s safety? If so, why? If not, why not?
What does “reasonable care” mean?
How has the increase of recreational facilities, exercise rooms, and health clubs affected the hotel's liabilities?
What are exculpatory agreements? How do they pertain to hotels?
What is the hotel’s responsibility in the case of assault on a guest by other guests and patrons?
Should a hotel be responsible for its guests’ safety outside the hotel premises? If not, why not?
What is the rule of “contributory negligence”?
What is the difference between the rules of “contributory negligence” and “comparative negligence”?
Under common law, what is the innkeeper’s liability for losses of a guest's property?
In what ways do states limit the hotel's liability with respect to the loss of the guest’s property?
Why is it important to post notices to the guest concerning the statutory limitations of liability?
What are the limitations on the hotel’s liability with regard to checkrooms, baggage rooms, and storerooms?
How should the hotel handle unclaimed property?
What are some of the ways in which a hotel may be liable for loss or damage to guests’ automobiles?
What is a bailment, and how does it apply to hotel and guest property?
If a hotel restaurant patron is not a guest staying in the hotel, what liability does the hotel have if the patron leaves his/her coat on a chair?
What steps should the hotel take with respect to abandoned property?
How does Crosby v. 20 Fifth Avenue Hotel Co., Inc. pertain to the theory of bailment?
Under what circumstances does a hotel become a bailee?
What is a bailee-hotel’s relationship to a bailor?
What is a gratuitous bailee?
What is the difference between actual custody and constructive custody?
What does National Fire Insurance Company v. Commodore Hotel, Inc. teach us regarding a hotel’s lack of knowledge about the presence of property on its premises?
What is a bailee-hotel’s burden of proof in the event of a lawsuit brought against it?
What can hotels do to reduce or eliminate liability for losses of guest property?
Why should a hotel provide a safe or safe deposit boxes?
What must a hotel do to limit its liability for loss of a guest’s valuables?
Why is it important that hotels post notices regarding the hotel's liability for guest property which is lost or stolen?
What information should hotels include in the posted notices referred to in question 2?
Why do hotels often take inventory of the guest’s valuables in the guest’s presence before placing the valuables in the safe or safe deposit boxes?
If receipts are given to guests who place valuables in the hotel safe or safe deposit boxes, what information should the receipts include?
What is the hotel’s liability in your state for loss of a guest’s property if the guest does not request that the property be placed in a hotel safe or safe deposit box?
When can hotels in your state refuse to accept valuables for placement in hotel safes or safe deposit boxes?
How are hotels protected from “skips” under state penal statutes?
How are hotels protected from credit card fraud under federal legislation?
How do state laws protect the hotel with respect to bad checks?
What measures can hotels take to ensure protection against bad checks under state criminal statutes?
How do various state laws treat post-dated checks? How does your state treat them?
What precautions should a hotel take when detaining a guest suspected of theft or fraudulent acts?
In what cases might a hotel be liable for false imprisonment?
What consequences might a hotel suffer if a guest is unjustly arrested at the hotel’s instigation?
What are some examples of “crime of defrauding a hotel”?
If a guest dies in the hotel, what should hotel management do with the body?
What public authorities should be notified if a person dies in the hotel?
Whom should the hotel notify when a guest dies in a “suspicious or unusual manner”?
What should hotel authorities do with a deceased guest’s personal property?
Under what circumstances might the local police department claim property found on the decedent's person?
Under what circumstances may a medical examiner take a deceased guest's property?
What should a hotel do to protect itself when delivering a deceased guest's property to a duly appointed executor, administrator, or any other person?
When there is a delay in the legal appointment of a deceased guest’s executor or administrator, what should the hotel do with the deceased guest’s property?
What is a tax waiver? Why is it important that a hotel obtain one before delivering a deceased guest’s property to another person?
How does the Food, Drug, and Cosmetic Act define “adulterated food”?
What subjects do state and local health laws cover with regard to food preparation and service?
Name two legal bases for a guest lawsuit against a restaurant for food containing kitchen floor polish.
How did the court view the privity principle in Conklin v. Hotel WaldorfAstoria?

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