Term
Case 7 - 1 Wallace v. Shoreham |
|
Definition
Gave $20, got $10. Patron humiliated by waiter, judgment for defendant |
|
|
Term
|
Definition
Vandaveer severely burned by explosion. Not technically registered guest. Trial reordered |
|
|
Term
Adler v. Savory Plaza Inc. |
|
Definition
Luggage set aside in lobby. Loss of jewelry. Plaintiff determined to be a guest |
|
|
Term
|
Definition
Traveling salesman left valuables in vault of hotel. Valuables stolen. He was a guest |
|
|
Term
Termination of guest-innkeeper relationship |
|
Definition
1. contracted time for room elapsed and not extended
2. bill not paid when due
3. proper notice given to vacate hotel
4. reasonable amount of time passed since checkout
5. bill has been settled and paid |
|
|
Term
absolute (strict) liability |
|
Definition
hotelkeepers liable for any loss of guests' property occurring on hotel premises |
|
|
Term
|
Definition
"within the inn" went along with absolute liability |
|
|
Term
|
Definition
hotelkeepers are liable for property loss only if loss occurs through their negligence |
|
|
Term
limiting liability statutes |
|
Definition
laws that restrict innkeeper's liability |
|
|
Term
|
Definition
law that defines powers, limitations, and procedures of administrative agencies |
|
|
Term
|
Definition
consists of rules that require people to meet certain standards of conduct and are enforceable in court |
|
|
Term
|
Definition
law embodied in US Constitution. prescribes organization of federal gov't and defines powers of federal gov't |
|
|
Term
|
Definition
powers expressly allocated to federal gov't in constitution |
|
|
Term
|
Definition
process by which federal gov't adopt laws |
|
|
Term
|
Definition
primary lawmaking body of federal gov't |
|
|
Term
|
Definition
second source of law promulgated by legislature and generally agreed to by executive |
|
|
Term
|
Definition
lawmakers elected to office by citizenry |
|
|
Term
|
Definition
federal or state legislators adopted alw |
|
|
Term
|
Definition
local legislator adopted law |
|
|
Term
|
Definition
consists of legal rules that have evolved not from statutes, but rather from decisions of judges and from customs and practices that obtained their authority from the test of time |
|
|
Term
|
Definition
interpretation of law applied by judge to set of facts in given case |
|
|
Term
|
Definition
basis for deciding future cases |
|
|
Term
|
Definition
process of following earlier cases |
|
|
Term
|
Definition
governmental subdivision charged with administering legislation that applies to particular industry |
|
|
Term
|
Definition
laws adopted by administrative agencies |
|
|
Term
|
Definition
demand for a remedy to compensate for perceived wrong |
|
|
Term
|
Definition
document issued by plaintiff that contains allegations |
|
|
Term
|
Definition
authority of a court to hear a case |
|
|
Term
subject matter jurisdiction |
|
Definition
court's power to decide cases of particular category |
|
|
Term
|
Definition
authority of a court over the defendant |
|
|
Term
|
Definition
document ordering defendant to appear and defend allegations made |
|
|
Term
|
Definition
delivery of summons and complaint to defendant |
|
|
Term
|
Definition
court order summarily declaring plaintiff winner of lawsuit due to defendant's failure to defend |
|
|
Term
|
Definition
request to judge for relief that is made while lawsuit is on going |
|
|
Term
|
Definition
legal principle that precludes person from claiming right or benefit because that person made false representation to another person who relied on untruthful statement of his detriment |
|
|
Term
|
Definition
transfer of posession of personal property from one person to another with understanding property will be returned |
|
|
Term
|
Definition
person transferring possession of property |
|
|
Term
|
Definition
person receiving possession |
|
|
Term
essential elements of bailment |
|
Definition
personal property
acceptance of possession by bailee
bailment agreement |
|
|
Term
|
Definition
plaintiff wins unless defendant can contradict case with evidence |
|
|
Term
|
Definition
bailment created by law as a result of special circumstances rather than by agreement between parties |
|
|
Term
|
Definition
security interest in property of someone who owes money |
|
|
Term
criminal possession of stolen property |
|
Definition
committed when person knowingly possesses stolen property with intent to benefit themselves or someone other than owner |
|
|
Term
situations innkeeper is authorized to enter guest's room |
|
Definition
normal maintenance and repair
imminent danger
nonpayment
when requested to enter by guest
when rental period has expired and guest has no basis to believe it has been extended |
|
|
Term
|
Definition
facts sufficient for reasonably prudent person to believe that evidence of crime is located in place police want to search |
|
|
Term
|
Definition
invasion of a like business resulting in considerable loss of income |
|
|
Term
|
Definition
process by which local governments can restrict ways property owners are entitled to use their land |
|
|
Term
|
Definition
Safe not available late at night. stolen rings. judgment for plaintiffs |
|
|
Term
Searcy v. La Quinta Motor Inns, Inc. |
|
Definition
Plaintiff returned to room, suitcase had been emptied. judgement for plaintiff |
|
|
Term
paraskevaides v. four seasons |
|
Definition
thelma and christine left valuables in safe. came back, safe open and emptied. hotel didn't fully comply to statue requirements. judgement for plaintiffs |
|
|
Term
fennema v. howard johnson co. |
|
Definition
left uhault truck in defendant's parking lot under false pretense it'd be safe. stuff stolen. estoppel allows judgment for plaintiff |
|
|
Term
bhattal v. grand hyatt-new york |
|
Definition
residents of india went to hotel, hotel mistakenly sent stuff back to india. judgment for plaintiff |
|
|
Term
delema v. waldorf astoria hotel |
|
Definition
brazilian man with suitcase, set on ground. jostled by woman. suitcase stolen. judgment for defendant |
|
|
Term
salisbury v. st. regis-sheraton hotel |
|
Definition
plaintiff checked luggage with bellhop, cosmetic case became missing. plaintiff not guest; money granted limited |
|
|
Term
|
Definition
plaintiff left bags with bellboy. when returned, bellboy and one bag missing. full recovery awarded |
|
|
Term
augustine v. marriot hotel |
|
Definition
plaintiff left coat on coatrack. claim dismissed |
|
|
Term
first american bank v. district of columbia |
|
Definition
car towed with money inside. standard of ordinary care by district and tmi held |
|
|
Term
value rent-a-car, inc. v. collection chevrolet |
|
Definition
plaintiff took car for repairs. car disappeared and damaged. chevrolet won |
|
|
Term
proliance insurance co. v. acura |
|
Definition
plaintiff delivered car to defendant by dropping key in envelope/dropbox. car stolen. judgment improperly granted to defendant |
|
|
Term
|
Definition
Car parked in garage. vandalized. judgment to defendant |
|
|
Term
kuchinsky v empire lounge |
|
Definition
hung coat near table. coat gone. complaint dismissed. |
|
|
Term
shamrock hilton hotel v. caranas |
|
Definition
left purse behind. busboy got it, took it to cashier. wrongful claim. sued for negligence. judgment for plaintiff |
|
|
Term
|
Definition
plaintiff left coat in cloakroom. came back, gone. statute doesn't apply to clubs. judgment for plaintiff |
|
|
Term
|
Definition
jehovah's witnesses kicked out for door-to-door solicitation. defendants (jehovah's) guilty |
|
|
Term
nixon v. royal coach inn of houston |
|
Definition
woman attacked. sued for bad placement of room. judgment for defendant |
|
|
Term
morningstar v. lafayette hotel |
|
Definition
plaintiff didn't pay bills so service was refused. innkeeper not required to entertain guest who's refused to pay |
|
|
Term
|
Definition
applied for dixie inn but evicted on suspicion of illegal activity. judgment in favor of hotel |
|
|
Term
|
Definition
non-guest at hotel, prostitute. asked to leave. came back and arrested. judgment for hotel |
|
|
Term
|
Definition
plaintiff occupied room which was registered under another name. got locked out and sued. judgement for defendant |
|
|
Term
|
Definition
defendant assaulted and battered plaintiff who entered hotel but would not respond when asked questions. judgment for plaintiff |
|
|
Term
|
Definition
nightclub bouncer assaulted moore without provocation. judgment for moore |
|
|
Term
|
Definition
defendant racked up large bill. appeals from conviction of theft of services. no actual intent. conviction reversed |
|
|
Term
|
Definition
§ Plaintiffs staying at defendant’s hotel came back to find they were locked out of their room
§ No warning given
§ Tried by court for $500 general damages and $500 punitive damages
§ No showing made by defendants to lock out plaintiffs
§ Judgment affirmed
|
|
|
Term
Five situations when innkeeper is authorized to enter guest room |
|
Definition
§ Normal maintenance and repair
§ Imminent danger
§ Nonpayment
§ When requested to enter by guest
§ When rental period has expired and guest has no basis to believe it has been extended
|
|
|
Term
|
Definition
§ Plaintiff frequently took business trips so he rented a room on a month-to-month basis at Rodeway Inn
§ Frequently allowed coworkers and wife to stay at it
§ One day wife went to stay, didn’t have key, so went to front desk to be let in
§ Barbara Womack, front desk clerk, refused entry because Mrs. Campbell could not prove she was a registered guest, nor was she authorized to access room
§ Campbell sued Womack but Womack had right to refuse access to room
|
|
|
Term
Carter v. Innisfree Hotel, Inc. |
|
Definition
|
|
Term
|
Definition
– order from judge commanding police officer to search designated place for evidence of criminal activity |
|
|
Term
|
Definition
consists of fact sufficient for reasonably prudent person to believe evidence of a crime is located in place police want to search |
|
|
Term
|
Definition
holds that evidence obtained in warrantless search will not be admissible in court |
|
|
Term
|
Definition
o Defendant convicted of possessing and aiding in concealment of $20,000 worth of stolen property
o Defendant taken into custody based on counterfeit money
o After 12 p.m., police were legally allowed to search defendant’s room because defendant had not paid for next day’s charges
o Evidence found during search was admissible
o No privacy rights were breached
|
|
|
Term
|
Definition
o After receiving a noise complaint, innkeeper called police for backup assistance
o Officer and innkeeper approached room, hearing loud radio from within, and knocked several times without answer
o Innkeeper opened door for officer, officer entered, and saw a man (who turned out to be Henning) unconscious on bed with narcotics in his pocket
o Officer had reason to enter room, to handle disturbance
o No substantial evidence in support of superior court’s order denying Henning’s motion to suppress evidence
|
|
|
Term
|
Definition
o A briefcase was found closed but not locked, and given to the assistant manager of Hyatt Regency Hotel
o Two men inquired about briefcase and were taken aside to try to prove ownership
o Police assistance were called and the men were asked to prove ownership, though couldn’t because identification was in briefcase
o Police officer had man compare signature
o While this was occurring, police officer noticed what looked like marijuana in briefcase
o Although asked not to, officer searched and found marijuana, cocaine, and $7,000 cash
o Defendant tried to suppress money and drugs on ground that search was illegal
o Judgment affirmed
|
|
|
Term
|
Definition
· Gonzalez check into room at Hampton Inn and requested to not be disturbed after 9:00 p.m.
· Around 10:00 p.m. Gonzalez’s mother called front desk after not being able to get a hold of him, requesting someone check on her son’s wellbeing
· There was no response from Gonzalez and breaking glass was heard from his room
· Police called, refused to respond to police, when police entered room altercation ensued, resisted arrest
· Trial court did no err in dismissing Gonzalez’s claim
|
|
|
Term
|
Definition
unauthorized restraint of a person |
|
|
Term
|
Definition
§ obtaining personal financial information about credit card holder and illegally using information for thief’s economic gain
|
|
|
Term
State of New York v. Waldorf-Astoria |
|
Definition
o General business law requires every hotel to post statement of charges
o Waldorf-Astoria claims no violation in law
o Refunds must be given
|
|
|
Term
Berlow v. Sheraton Dallas Corp. |
|
Definition
· Defendant sent a package containing very expensive jewels to her parents who were staying in plaintiff’s hotel
· Upon checking out, because they still hadn’t received package, defendant’s parents made agreement for plaintiff to refuse delivery of package
· Plaintiff did not follow agreement, received package, held it for a month, sent it to USPO, where it was lost
· Defendant sued for $10,231, judgment awarded
|
|
|
Term
|
Definition
§ $ franchise fee, % of sales
§ Reputation, recognition
§ Supplier
|
|
|
Term
|
Definition
§ Right to use TM
§ Training
§ Adv
§ Mkt research
§ Exclusive territory
§ Access to suppliers
§ Security
§ Legal support
§ Quality control
|
|
|
Term
archibald v. cinerama hotels |
|
Definition
california resident staying at hawaiian hotel. sued because lower prices available to residents. complaint dismissed |
|
|
Term
hertenberger v. city of texarkana |
|
Definition
Applicant applied to operate hotel. application denied because she's suspected of dealing in illegal affairs. ordinance is valid |
|
|
Term
oronoka restaurant v maine state liquor commission |
|
Definition
applied for renewal of liquor license but application denied. violation of fire cods and other violations. |
|
|
Term
|
Definition
Challenged suspension of liquor license. much evidence of operating procedures that pose significant threat to health, safety, and welfare of citizens. suspension decided |
|
|
Term
schleuter v. city of fort worth |
|
Definition
opened sports fantasy, "sports bar" with nude dancing. appeal to have zoning ordinance declared invalid rejected |
|
|