HOSPITALITY LAW 2

INSTRUCTIONS:ANSWER ALL QUESTIONS BY CIRCLING THE CORRECT

RESPONSE

1. The requirements for a valid booking contract are:

A. Offer and acceptance

B. Consideration

C. Legal capacity of parties and legality of objective of contract

D. All of the above

2. A conditional acceptance ofaccommodation by a guest is:

A. A valid acceptance

B. A rejection of the original offer

C. Not legal

D. A revocation

3. Ifa hotel send by mail a letter to a guest offering a package deal, and the guest send by mail a letter accepting the deal, the contract become effective when the:

A. Mailman delivered the mail to the address of the hotel

B. Hotel physically received the letter of acceptance

C. Hotel first open the envelope and read the acceptance

D. Letter of acceptance was mailed.

4. A promise to a lady to take her to a hotel banquet is:

A. Enforceable if she accepts

B. A legal detriment to the promisee

C. Not enforceable unless there is a legal benefit to the promisee

D. None of the above

5. Mike, who is 15 years old contracted to buy a set golf club for $5000 from the Safari's Sport club.

A. The contract is void

B. The contract is voidable by mike

C. The contract is voidable by the safari sport club

D. The contract is voidable by eitherthe Safari Club or Mike

6. A prospective guest may enter into correspondence with a hotel in order to find out information about both the hotel and its locality. The type of booking most like to result from this approach is:

A. Instantaneous

B. Booking by correspondence

C. Telephone booking

D. Chance call

7. For a person visiting an inn to qualify as a guest he must:

A. Be attending a banquet

B. Require a room for overnight accommodation

C. Be visiting his family

D. Shopping in the hotel's gift shop

8. Which of the following is true of a minor's duty towards a contract for necessaries of life?

A. Minors need to reach the age of majority to enter into contracts for necessaries of life.

B. Minors are exempt from paying for contracts of necessaries of life.

C. Minors must pay the reasonable value of necessaries of life for which they contract.

D. Parents are liable to provide necessaries of life to their minor children if they become emancipated

9. Where a buyer purchases a good from a seller who sells goods in the course of business there is an implied condition that the goods supplied under the contract are of merchantable quality EXCEPT in cases where defects are:

A. Specifically drawn to the buyers attention before the contract is made

B. Such that an examination of the goods by buyer would not reveal the defects

C. Skilfully concealed by the seller

D. Minor and would not entitle the buyer to reject the goods

10. A(n) ________ is a warranty that applies to food or drink consumed on or off the premises of restaurants, grocery stores, fast-food outlets, and vending machines

A. statement of opinion

B. express warranty

C. stamp of approval

D. implied warranty of fitness for human consumption

11. Consumer Sales, Inc., sends its catalogue to Carol and includes a "personalized" letter inviting her to buy any item in the catalogue at the advertised price. This

E. constitutes an offer because of the letter.

F. constitutes an offer only if Carol previously bought items from the firm.

G. constitutes an offer because there is no room for price negotiation.

H. does not constitute an offer.

12. Donna, a minor, takes out a loan from a bank to get her own apartment and includes that fact in the loan application. The bank makes the loan with the understanding that it is to be used for rent payments but does not monitor how the money is spent (and thus fails to learn that Donna uses it to purchase dance lessons). The loan is

A. a necessary that Donna will be obligated to repay.

B. a necessary but Donna will not be obligated to repay it.

C. not a necessary but Donna will be obligated to repay it.

D. not a necessary and Donna will not be obligated to repay it.

13. A prospective guest contacts a hotel by mail and asks to make a reservation for arrival on a specific day for a stay of three days. The hotel sends a written confirmation back to the prospective guest stating that the guest's room will be held for his arrival on the day he requested. Which of the following statements is true?

A. This agreement is binding on the hotel, but not on the prospective guest.

B. This agreement is binding on the prospective guest, but not on the hotel.

C. This agreement is binding on both the prospective guest and the hotel.

D. This agreement is not binding because the guest has not provided a deposit.

14. Which of the following statements is true of an offer that was not communicated?

A. The offer stays valid for 30 days from the date of creation.

B. The offer cannot be accepted by the offeree if not communicated.

C. The offeree can claim an offer that was not communicated.

D. It is considered to be an implied term.

15. The term ________ refers to a mode of acceptance that is indicated from what is customary in similar transactions, usage of trade, or prior dealings between the parties.

A. express authorization

B. implied authorization

C. option contract

D. unequivocal acceptance

16. The ________ states that an acceptance is effective when it is dispatched, even if it is lost in transmission.

A. rule of silence as acceptance

B. mirror image rule

C. postal rule

D. mutual assent rule

17. To meet contractual legality, considerations must be ________.

A. beneficial to both parties involved

B. detrimental to both parties involved

C. mentioned in writing in the contract

D. bargained-for exchange of promise for performance

18. A menu placed in a customer's hands by a waiter is:

A. An invitation to treat

B. Offer

C. Promise

D. Contract

19. Which of the following constitutes a breach of implied term?

A. Serving a customer a smoked salmon trout instead of smoked salmon

B. Serving a hot menu item cold

C. Serving wine from a box instead of a bottle

D. Collecting payment before the customer has finished his or her meal

20. A hotelier may incorporate an exclusion clause into a booking contract by means of a written term known as a:

A. Stipulation

B. Exemption

C. Notice

D. Injunction

21. Ifa hotel send by mail a letter to a guest offering a package deal, and the guest send by mail a letter accepting the deal, the contract become effective when the:

A. Mailman delivered the mail to the address of the hotel

B. Hotel physically received the letter of acceptance

C. Hotel first open the envelope and read the acceptance

D. Letter of acceptance was mailed.

22. A conditional acceptance ofaccommodation by a guest is:

A. A valid acceptance

B. A rejection of the original offer

C. Not legal

D. A revocation

.23.Which of the following can convert a gift promise into an enforceable promise?

A. if the promisee offers a consideration

B. if the promisor offers a consideration

C. if the promisee receives a legal benefit

D. if the promisor suffers a legal detriment

24. A contract that has been fully performed on both sides is called an ________ contract.

A. executory

B. executed

C. option

D. executive

25. Elizabeth signs a contract to purchase a new car from Spadace Motors. She has not yet paid for the car and Spadace Motors has not yet delivered the car to Elizabeth. This is an example of a(n) ________ contract.

A. void

B. unenforceable

C. executed

D. executory