Section 1

Preview this deck

duty of care

Front

Star 0%
Star 0%
Star 0%
Star 0%
Star 0%

0.0

0 reviews

5
0
4
0
3
0
2
0
1
0

Active users

0

All-time users

0

Favorites

0

Last updated

2 years ago

Date created

Mar 1, 2020

Cards (68)

Section 1

(50 cards)

duty of care

Front

a legal obligation that requires a particular standard of conduct

Back

Bailee

Front

person that receives property in bailment agreement

Back

Quid pro quo

Front

latin term for "giving one thing in return or exchange for another

Back

To avoid difficulties related to contracts

Front

-get it n writing -read the contract thoroughly -keep copies of all contract documents -use good faith when negotiating contracts -note and calendar time deadlines for performance -ensure the performance of third parties -share contact info with those who need to know, and educate staff on consequences of breach -resolve ambiguities as quickly and fairly as possible

Back

dram shop

Front

a name given to a variety of state laws establishing a liquor licensee's third-party liability

Back

Consideration

Front

The payment/value exchanged for the promises contained in a contract

Back

Negligence per se

Front

when a rule of law is violated by the operator; such as 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

Back

litigation

Front

act of initiating and carrying on a lawsuit. often used to refer to the lawsuit itself

Back

Types of non-guests

Front

guests of guests invitees (employees, vendors) trespassers (do not owe duty of care)

Back

kickback

Front

a secret rebate of part of a purchase price, given by the seller, to the buyer, in exchange for the buyer's influence in the purchasing decision

Back

interstate commerce

Front

commercial trading or the transportation of persons or property between or among states

Back

Proximate Cause

Front

the event or activity that directly contributes to (causes) the injury or harm

Back

truth in menu laws

Front

the collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording on menus

Back

clause

Front

a distinct contract provision or stipulation

Back

Reasonable Care

Front

the degree of care that a reasonably prudent person would use in a similar situation

Back

Negligence

Front

The failure to use reasonable care

Back

Punitive Damages

Front

A monetary amount used as punishment and to deter the same wrongful act in the future by the defendant and others

Back

franchise agreement

Front

a special hospitality contract that details the responsibilities of both parties involved in the operation of a franchise

Back

Liable

Front

To be legally responsible or obligated

Back

When it is ok to deny admission

Front

-the person cannot pay -the person has readily communicable disease -the person wants to enter with prohibited item -the person is intoxicated -the person presents a threat to others -the person is too young -the person does not seek to become a guest -the facility is full

Back

Bailor

Front

a person that gives property to another in bailment agreement

Back

Comparative Negligence

Front

Shared responsibility for the harm that results from negligence. The comparison of negligence by the defendant with the contributory negligence of the plaintiff.

Back

affirmative action

Front

a federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers

Back

civil law

Front

the body of law (usually in the form of codes and statutes) created by governmental entities that are concerned w private rights and remedies, as opposed to criminal matters

Back

at-will employment

Front

an employment relationship whereby employers have a right to hire any employee, whenever they choose, and to dismiss an employee for or without cause at any time

Back

Gross Negligence

Front

the reckless or willful failure of an individual or organization to use even the slightest amount of reasonable care

Back

Contributory Negligence

Front

negligent conduct by the complaining party (plaintiff) that contributes to the cause of his or her injuries

Back

Plaintiff

Front

The person or entity that initiates litigation against another. Sometimes referred to as the claimant, petitioner, applicant

Back

To limit potential liability for the loss of guest property

Front

-posting notice -secure safe -locks on doors/windows -limits on required possessions -limits on replacement values on luggage -penalty for negligence

Back

Tort

Front

an act or failure to act (not involving a breach of contract) that results in injury, loss, or damage to another

Back

Offer

Front

A proposal to perform an act or pay an amount that if accepted constitutes a legally valid contract

Back

Acceptance

Front

Unconditional agreement to the precise terms and conditions of an offer

Back

consequences of breach of contract

Front

Back

ADA

Front

Americans with disabilities act. federal legislation(law) that protects the rights of people with disabilities so that they may be treated fairly in the workplace and have access to places of public accommodation, such as hotels, restaurants, and airplanes

Back

negligent hiring

Front

failure on the part of an employer to exercise reasonable care in the selection of employees

Back

Defendant

Front

The person against which litigation is initiated. Sometimes refereed to as the respondent

Back

Counteroffer

Front

Conditional agreement to the terms and conditions of an offer that included change to those terms, creating a new offer

Back

Statute of Limitations

Front

Various laws that set maximum time periods in which lawsuits must be initiated. If the suit is not initiated or filed before the expiration of the maximum period then the law prohibits the use of the courts for recovery.

Back

Third party liability

Front

the two areas of liability theory that a hospitality manager should be aware of focus on the duties of a host who holds a party where alcohol is served, and that of an establishment licensed to sell alcohol

Back

Contract

Front

An agreement or promise made b/w two parties that courts will enforce

Back

common law

Front

laws derived from the historical customs and usage of a society, and the decisions by courts when interpreting those customs and usages

Back

attrition

Front

reduction in the number of projected participants or attendees

Back

Express Contract

Front

A contract in which the components of the agreement are explicitly stated, either orally or in writing

Back

Compensatory Damages

Front

monetary amount awarded to resolve the injured party to the position he or she was prior to the injury

Back

Duties of care

Front

1) provide a reasonably safe premise 2) serve food and beverages fit for consumption 3) serve alcohol responsibly 4) hire qualified employees 5) properly train employees 6) terminate employees who pose danger 7) warn of unsafe conditions 8) safeguard guest property

Back

Purpose of Uniform Commercial Code

Front

Developed to simplify, modernize, and ensure consistency in the laws regulating the buying and selling of personal property (as opposed to land), any loans granted to expedite those sales, and the interests of the buyer and seller

Back

vicarious liablity

Front

a party is responsible for the acts of another that result in injury, harm, or damage

Back

Ethics

Front

Choices of proper conduct made by an individual in his or her relationship with other's

Back

Strict Liability

Front

responsibility arising from the nature of a dangerous activity rather than negligence or an intentional act.

Back

Reasonable Care

Front

Back

Section 2

(18 cards)

The 'S' in STEM stands for?

Front

Selection of the correct employee for the job

Back

How to evaluate management actions on an ethical basis

Front

Is it legal? Does it hurt anyone? Is it fair? Am i being honest? Would I care if it happened to me? Would I make my action public? What if everyone did it?

Back

A hotel has a legal responsibility to protect guests and invitees from all acts of third parties.

Front

false

Back

The best way for a hotelier to indicate acceptance of an offer is?

Front

Agree to the offer in writing

Back

Under Title II of the Civil Rights Act of 1964, a person who alleges discriminatory acts by a hotel can:

Front

bring a civil action in federal district court to seek preventive relief.

Back

The best definition of Civil Law is?

Front

A body of law created by government entities that are concerned with private rights and remedies as opposed to criminal matters

Back

"Ethics" means?

Front

The behavior of an individual toward another individual or group

Back

2 valid business contracts

Front

verbal and written

Back

State Dram Shop Acts generally create a(n) __________ cause of action for persons injured by someone unlawfully selling alcoholic beverages.

Front

statutory

Back

The UCC stands for:

Front

universal commercial code

Back

A restaurant is ordinarily responsible for both the items and their unseen contents once a bailment has been established.

Front

true

Back

Intentional Act

Front

a willful action undertaken with or without full understanding of the consequences

Back

When items of value are found, the first goal should be to?

Front

Return the property to its rightful owner

Back

Restaurants are not generally covered under the state laws that limit the liability of innkeepers, which can increase their risk.

Front

true

Back

If it appears that your employees are at fault at the time of a workplace incident, it is best to let any injured parties know immediately.

Front

false

Back

Mr. Smith suffers an injury due to the hotel's negligence but he is partly responsible for the injury. The hotel is located in a state that abides by the contributory negligence rule. What is the probable outcome if Mr. Smith takes the hotel to court?

Front

He will not cover any damages.

Back

If a guest were to slip and fall in a puddle where there was not a wet-floor sign, or other reasonable indication of danger, then the hotel has likely committed:

Front

A Tort

Back

A "negligent" person is one who has not used reasonable care in a situation.

Front

true

Back