HTM 411-CH 5 UPDATED ACTUAL Exam
Questions And Correct Answers
Define negligence as it applies to hotels and restaurants. - CORRECT ANSWERS A
breach of legal duty to act reasonable that is the direct (or proximate) cause of injury to another.
The violation of that duty is called a tort
List and describe the following elements of a neglect case - CORRECT ANSWERS 1. The
existence of a legal duty to act reasonably owed by the defendant to the plantiff
2. A breach of that duty
3. Injury to the plantiff
4. Proximate cause
Which two elements of a negligence case must have a cause-and-effect relationship (proximate
cause)? - CORRECT ANSWERS 1. A breach of that duty
2. Injury to the plaintiff
The breach of duty must be the direct cause of the injury, there can be no intervening cause.
What is an "open and obvious" hazard? - CORRECT ANSWERS It states that if a
condition was open and obvious to a reasonable person when the plaintiff was injured, the
defendant is not liable for failing to fix the condition or warn the plaintiff, because the plaintiff
could have discovered and avoided the condition just as easily as the defendant could have
warned the plaintiff.
Given an example determine if the hazard would most likely be considered as an "open and
obvious" hazard. - CORRECT ANSWERS Wet paint on a side walk being slippery
What effect can an "open and obvious" hazard as the proximate cause of the injury have on the
outcome of a negligence suit? - CORRECT ANSWERS The defendant could be found not
liable
, What is an intervening or superseding occurrence and describe the effect it can have on the
outcome of a negligence suit. - CORRECT ANSWERS If there is an intervening or
superseding occurrence then the defendant may not be liable. Determining if an intervening or
superseding event has reduced or eliminated a defendant's liability is for the courts to decide.
List the four categories legal status of plaintiffs and how what is a hotel's duty is to each -
CORRECT ANSWERS Invitee
Licensee
Trespasser
Children
Invitee - CORRECT ANSWERS A person who enters an establishment for the purpose for
with the business is open to the public, or for a purpose directly or indirectly connected with that
business
Licensee - CORRECT ANSWERS A person who's presence does not further the
defendant's business, but rather for the person's own benefit. The person has permission to access
the premises
Trespasser - CORRECT ANSWERS A person who enters a premises without permission
Children - CORRECT ANSWERS Minors are a special category and responsibilities
change with the child's age
13. Define res ipsa loquitur and describe how it is applied to negligence cases? - CORRECT
ANSWERS Means the thing speaks for itself. This frees the plaintiff from proving the
specific breach of duty committed by the defendant.
Questions And Correct Answers
Define negligence as it applies to hotels and restaurants. - CORRECT ANSWERS A
breach of legal duty to act reasonable that is the direct (or proximate) cause of injury to another.
The violation of that duty is called a tort
List and describe the following elements of a neglect case - CORRECT ANSWERS 1. The
existence of a legal duty to act reasonably owed by the defendant to the plantiff
2. A breach of that duty
3. Injury to the plantiff
4. Proximate cause
Which two elements of a negligence case must have a cause-and-effect relationship (proximate
cause)? - CORRECT ANSWERS 1. A breach of that duty
2. Injury to the plaintiff
The breach of duty must be the direct cause of the injury, there can be no intervening cause.
What is an "open and obvious" hazard? - CORRECT ANSWERS It states that if a
condition was open and obvious to a reasonable person when the plaintiff was injured, the
defendant is not liable for failing to fix the condition or warn the plaintiff, because the plaintiff
could have discovered and avoided the condition just as easily as the defendant could have
warned the plaintiff.
Given an example determine if the hazard would most likely be considered as an "open and
obvious" hazard. - CORRECT ANSWERS Wet paint on a side walk being slippery
What effect can an "open and obvious" hazard as the proximate cause of the injury have on the
outcome of a negligence suit? - CORRECT ANSWERS The defendant could be found not
liable
, What is an intervening or superseding occurrence and describe the effect it can have on the
outcome of a negligence suit. - CORRECT ANSWERS If there is an intervening or
superseding occurrence then the defendant may not be liable. Determining if an intervening or
superseding event has reduced or eliminated a defendant's liability is for the courts to decide.
List the four categories legal status of plaintiffs and how what is a hotel's duty is to each -
CORRECT ANSWERS Invitee
Licensee
Trespasser
Children
Invitee - CORRECT ANSWERS A person who enters an establishment for the purpose for
with the business is open to the public, or for a purpose directly or indirectly connected with that
business
Licensee - CORRECT ANSWERS A person who's presence does not further the
defendant's business, but rather for the person's own benefit. The person has permission to access
the premises
Trespasser - CORRECT ANSWERS A person who enters a premises without permission
Children - CORRECT ANSWERS Minors are a special category and responsibilities
change with the child's age
13. Define res ipsa loquitur and describe how it is applied to negligence cases? - CORRECT
ANSWERS Means the thing speaks for itself. This frees the plaintiff from proving the
specific breach of duty committed by the defendant.
