Hospitality

1. What are two examples of old common law rules specifically applicable to innkeepers? Innkeepers as operators of public places must as a general rule provide available accommodations to travelers who are willing and able to pay for such accommodations. An innkeeper under common law would be liable as an insurer for the loss of guest’s property brought to the inn with certain exception.

2. What issues do state courts generally decide? What disputes do federal courts generally decide? State courts generally decide issues involving local and state laws. Federal courts generally decide disputes involving federal laws and disputes between citizens.

3. How is it possible that the courts of two different states (for example, Wisconsin and Minnesota) can reach varying results on the same general issue? The court can find another state’s decision persuasive or interesting or of no effect whatsoever but are bound by their own statues.

4. How can two federal circuit courts render seemingly contrary decisions on the same question? Federal courts generally decide disputes involving federal laws and disputes between citizens from different states (subject to certain jurisdictional requirements). One federal circuit court of appeals may reach a decision different from that of another federal circuit court of appeals on the same type of legal problem. It is left to the U.S. Supreme Court to determine which of the circuit courts is correct (or to leave the different decisions of both circuit courts standing).

Chapter 2

1. What elements are necessary for the formation of a contract? Offer, acceptance, consideration, mutuality of obligation, competency and capacity and in certain circumstances a written instrument.

2. What is the difference between an offer and an acceptance? Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person (the offeror)...