Term
| Case 7 - 1 Wallace v. Shoreham |
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Definition
| Gave $20, got $10. Patron humiliated by waiter, judgment for defendant |
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Definition
| Vandaveer severely burned by explosion. Not technically registered guest. Trial reordered |
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Term
| Adler v. Savory Plaza Inc. |
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Definition
| Luggage set aside in lobby. Loss of jewelry. Plaintiff determined to be a guest |
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Definition
| Traveling salesman left valuables in vault of hotel. Valuables stolen. He was a guest |
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Term
| Termination of guest-innkeeper relationship |
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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 |
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Term
| absolute (strict) liability |
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Definition
| hotelkeepers liable for any loss of guests' property occurring on hotel premises |
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Definition
| "within the inn" went along with absolute liability |
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Definition
| hotelkeepers are liable for property loss only if loss occurs through their negligence |
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Term
| limiting liability statutes |
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Definition
| laws that restrict innkeeper's liability |
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Definition
| law that defines powers, limitations, and procedures of administrative agencies |
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Definition
| consists of rules that require people to meet certain standards of conduct and are enforceable in court |
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Definition
| law embodied in US Constitution. prescribes organization of federal gov't and defines powers of federal gov't |
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Definition
| powers expressly allocated to federal gov't in constitution |
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Definition
| process by which federal gov't adopt laws |
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Definition
| primary lawmaking body of federal gov't |
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Term
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Definition
| second source of law promulgated by legislature and generally agreed to by executive |
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Definition
| lawmakers elected to office by citizenry |
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Term
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Definition
| federal or state legislators adopted alw |
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Term
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Definition
| local legislator adopted law |
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Term
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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 |
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Term
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Definition
| interpretation of law applied by judge to set of facts in given case |
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Definition
| basis for deciding future cases |
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Term
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Definition
| process of following earlier cases |
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Term
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Definition
| governmental subdivision charged with administering legislation that applies to particular industry |
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Definition
| laws adopted by administrative agencies |
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Term
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Definition
| demand for a remedy to compensate for perceived wrong |
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Term
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Definition
| document issued by plaintiff that contains allegations |
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Term
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Definition
| authority of a court to hear a case |
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Term
| subject matter jurisdiction |
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Definition
| court's power to decide cases of particular category |
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Term
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Definition
| authority of a court over the defendant |
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Term
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Definition
| document ordering defendant to appear and defend allegations made |
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Term
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Definition
| delivery of summons and complaint to defendant |
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Term
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Definition
| court order summarily declaring plaintiff winner of lawsuit due to defendant's failure to defend |
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Term
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Definition
| request to judge for relief that is made while lawsuit is on going |
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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 |
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Term
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Definition
| transfer of posession of personal property from one person to another with understanding property will be returned |
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Term
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Definition
| person transferring possession of property |
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Definition
| person receiving possession |
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Term
| essential elements of bailment |
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Definition
personal property
acceptance of possession by bailee
bailment agreement |
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Term
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Definition
| plaintiff wins unless defendant can contradict case with evidence |
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Term
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Definition
| bailment created by law as a result of special circumstances rather than by agreement between parties |
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Term
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Definition
| security interest in property of someone who owes money |
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Term
| criminal possession of stolen property |
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Definition
| committed when person knowingly possesses stolen property with intent to benefit themselves or someone other than owner |
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Term
| situations innkeeper is authorized to enter guest's room |
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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 |
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Term
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Definition
| facts sufficient for reasonably prudent person to believe that evidence of crime is located in place police want to search |
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Definition
| invasion of a like business resulting in considerable loss of income |
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Definition
| process by which local governments can restrict ways property owners are entitled to use their land |
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Definition
| Safe not available late at night. stolen rings. judgment for plaintiffs |
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Term
| Searcy v. La Quinta Motor Inns, Inc. |
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Definition
| Plaintiff returned to room, suitcase had been emptied. judgement for plaintiff |
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Term
| paraskevaides v. four seasons |
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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 |
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Term
| fennema v. howard johnson co. |
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Definition
| left uhault truck in defendant's parking lot under false pretense it'd be safe. stuff stolen. estoppel allows judgment for plaintiff |
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Term
| bhattal v. grand hyatt-new york |
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Definition
| residents of india went to hotel, hotel mistakenly sent stuff back to india. judgment for plaintiff |
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Term
| delema v. waldorf astoria hotel |
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Definition
| brazilian man with suitcase, set on ground. jostled by woman. suitcase stolen. judgment for defendant |
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Term
| salisbury v. st. regis-sheraton hotel |
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Definition
| plaintiff checked luggage with bellhop, cosmetic case became missing. plaintiff not guest; money granted limited |
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Term
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Definition
| plaintiff left bags with bellboy. when returned, bellboy and one bag missing. full recovery awarded |
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Term
| augustine v. marriot hotel |
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Definition
| plaintiff left coat on coatrack. claim dismissed |
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Term
| first american bank v. district of columbia |
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Definition
| car towed with money inside. standard of ordinary care by district and tmi held |
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Term
| value rent-a-car, inc. v. collection chevrolet |
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Definition
| plaintiff took car for repairs. car disappeared and damaged. chevrolet won |
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Term
| proliance insurance co. v. acura |
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Definition
| plaintiff delivered car to defendant by dropping key in envelope/dropbox. car stolen. judgment improperly granted to defendant |
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Term
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Definition
| Car parked in garage. vandalized. judgment to defendant |
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Term
| kuchinsky v empire lounge |
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Definition
| hung coat near table. coat gone. complaint dismissed. |
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Term
| shamrock hilton hotel v. caranas |
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Definition
| left purse behind. busboy got it, took it to cashier. wrongful claim. sued for negligence. judgment for plaintiff |
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Definition
| plaintiff left coat in cloakroom. came back, gone. statute doesn't apply to clubs. judgment for plaintiff |
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Term
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Definition
| jehovah's witnesses kicked out for door-to-door solicitation. defendants (jehovah's) guilty |
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Term
| nixon v. royal coach inn of houston |
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Definition
| woman attacked. sued for bad placement of room. judgment for defendant |
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Term
| morningstar v. lafayette hotel |
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Definition
| plaintiff didn't pay bills so service was refused. innkeeper not required to entertain guest who's refused to pay |
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Term
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Definition
| applied for dixie inn but evicted on suspicion of illegal activity. judgment in favor of hotel |
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Term
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Definition
| non-guest at hotel, prostitute. asked to leave. came back and arrested. judgment for hotel |
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Definition
| plaintiff occupied room which was registered under another name. got locked out and sued. judgement for defendant |
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Term
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Definition
| defendant assaulted and battered plaintiff who entered hotel but would not respond when asked questions. judgment for plaintiff |
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Term
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Definition
| nightclub bouncer assaulted moore without provocation. judgment for moore |
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Term
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Definition
| defendant racked up large bill. appeals from conviction of theft of services. no actual intent. conviction reversed |
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Term
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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
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Term
| Five situations when innkeeper is authorized to enter guest room |
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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
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Term
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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
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Term
| Carter v. Innisfree Hotel, Inc. |
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Definition
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Term
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Definition
| – order from judge commanding police officer to search designated place for evidence of criminal activity |
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Term
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Definition
| consists of fact sufficient for reasonably prudent person to believe evidence of a crime is located in place police want to search |
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Term
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Definition
| holds that evidence obtained in warrantless search will not be admissible in court |
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Term
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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
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Term
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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
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Term
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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
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Term
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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
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Term
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Definition
| unauthorized restraint of a person |
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Term
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Definition
§ obtaining personal financial information about credit card holder and illegally using information for thief’s economic gain
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Term
| State of New York v. Waldorf-Astoria |
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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
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Term
| Berlow v. Sheraton Dallas Corp. |
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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
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Term
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Definition
§ $ franchise fee, % of sales
§ Reputation, recognition
§ Supplier
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Term
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Definition
§ Right to use TM
§ Training
§ Adv
§ Mkt research
§ Exclusive territory
§ Access to suppliers
§ Security
§ Legal support
§ Quality control
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Term
| archibald v. cinerama hotels |
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Definition
| california resident staying at hawaiian hotel. sued because lower prices available to residents. complaint dismissed |
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Term
| hertenberger v. city of texarkana |
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Definition
| Applicant applied to operate hotel. application denied because she's suspected of dealing in illegal affairs. ordinance is valid |
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Term
| oronoka restaurant v maine state liquor commission |
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Definition
| applied for renewal of liquor license but application denied. violation of fire cods and other violations. |
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Term
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Definition
| Challenged suspension of liquor license. much evidence of operating procedures that pose significant threat to health, safety, and welfare of citizens. suspension decided |
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Term
| schleuter v. city of fort worth |
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Definition
| opened sports fantasy, "sports bar" with nude dancing. appeal to have zoning ordinance declared invalid rejected |
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