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Test your basic knowledge |
Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Latin for guilty act and guilty mind
The owner
Repudiation - sabotage - failure to perform
Good Samaritan Legislation
Actus reus and Mens rea
2. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Surcharge
Theft of services
Res ipsa loquitar
Option
3. What are three ways a contract is breached
420 to 700 hours depending on the regional unemployment rate
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Repudiation - Sabotage - Failure to perform
Sole proprietorship - partnership - and corporations
4. Promises made without consideration
Gratuitous Promise
Stare decisis
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reasons a contract may be impeached
5. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
Players in the legal system
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Bona fide occupational requirement
6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Floating charge
E. Coli
7. This person acts on behalf of the principal
Ultra vires
Agent
Group termination
Instances under which an offer lapses
8. A promise for an action
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
General - Punitive - Exemplary
Unilateral Contract
Infra hospitium
9. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Express deposit
Food and Drugs Act
10. An advertisement is an example of this... lets people know that you are ready to accept offers
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Democratic rights to vote or run for election
Invitation to treat
11. Surviving a falling elevator
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
1) the employee was clearly instructed not to serve a patron - 2) the server ignored the instructions out of friendship or infatuation - and 3) the server did not charge the patron for the drinks.
Ultra vires
Lie flat to distribute the force of the impact
12. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Discoveries Stage
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Absolute liability
Disclaimer
13. What are three ways a contract is breached?
Municipal government
Quantum merits
Theft of services
Repudiation - sabotage - failure to perform
14. Within the walls of the inn
Infra hospitium
General - Punitive - Exemplary
Agent
Negligence Per se
15. 'Reasonable worth of the good'
Quantum merits
Quantum meruit
Trademark infringement
John Humphrey
16. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Repudiation - Sabotage - Failure to perform
Nepotism
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
17. How can an employer escape alcohol misuse liability?
1) the employee was clearly instructed not to serve a patron - 2) the server ignored the instructions out of friendship or infatuation - and 3) the server did not charge the patron for the drinks.
Passing off
Power of attorney
Instances under which an offer lapses
18. Three types of offences
Property was delivered to the bailee - property was accepted by the bailee - property not returned - or not returned in proper condition - bailee breached duty owed to bailor
Summary conviction - indictable - and hybrid
Amortization
Factoring
19. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Negligence
Sole proprietorship - partnership - and corporations
Types of contracts which must be in writing
20. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Defenses to intentional Torts
Neighbour principle
Exceptions to the privity of contract rule
21. What are the 3 types of bailment?
Property was delivered to the bailee - property was accepted by the bailee - property not returned - or not returned in proper condition - bailee breached duty owed to bailor
Nepotism
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Intentional - Unintentional
22. Independent contractors and employees.
The 2 classes of servants
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Unconscionable transactions
Vicarious liability
23. 2 classes of servants.
Gratuitous Promise
Independent contractors - employees
Absolute liability
Section 33 of the Charter
24. The price a party pays for the promise.
Group termination
Factoring
Consideration
Vicarious Liability
25. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Group termination
Exemplary damages
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
26. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Trademark infringement
Consideration
Four purpose of sentencing
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
27. List the 4 conditions of adverse possession. (squatter's rights)
Personal and real
Shareholders - board of directors - statutory officers - employees - and creditors
Open and notorious - unchallenged - exclusive - continuous
Positive law
28. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Damages that are imposed to punish and to make an example of the offending party
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Express deposit
29. What are exemplary damages?
The parol evidence rule
Damages that are imposed to punish and to make an example of the offending party
Exemplary damages
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
30. Two types of negligence
Section 33 of the Charter
1) in the office - 2) every guestroom - and 3) public rooms (area).
Intentional - Unintentional
Absolute liability
31. The division of law associated with interpersonal matters
Duty to mitigate
Private law
1) Eviction at the end of stay - 2) nonpayment - 3) persons of ill-repute - 4) disorderly conduct - 5) disturbing the peace - 6) carrying a contagious disease - and 7) breaking house rules.
Disclaimer
32. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Private law
Trademark infringement
1)Seriously and adversely affecting the employee's behavior 2)Has caused the employee to repeatedly either miss work or be late for work 3)Has jeopardized the safety of the employer - other employees or the public
Types of contracts which must be in writing
33. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Negligence
General damages
Surcharge
Equitable estoppel
34. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Landlord-tenant
Ultra vires
Factoring
35. What does BFOR stand for?
Property was delivered to the bailee - property was accepted by the bailee - property not returned - or not returned in proper condition - bailee breached duty owed to bailor
Vicarious liability
Bona fide occupational requirement
Prima facie
36. A duty that cannot be given to someone else
The owner
Negligent Misrepresentation
Non delegable duty
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
37. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Sunset Clause
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Four purpose of sentencing
Discoveries Stage
38. Law is whatever judges say it is...
Trademark infringement
$413 or 55% of the claimant's average insured earnings (whichever is less)
Constitution
Legal realism
39. Who owns mislaid property?
Passing off
Common - mutual and unilateral.
Absolute liability
The owner
40. Selling accounts receivable at a discount.
Property was delivered to the bailee - property was accepted by the bailee - property not returned - or not returned in proper condition - bailee breached duty owed to bailor
Intentional - Unintentional
Factoring
Unilateral Contract
41. Once a contract is written - it cannot be changed without the consent of both parties
Exceptions to the privity of contract rule
Price fixing
Positive law
Parol Evidence Rule
42. Types of Damages
Equitable estoppal
Absolute liability
Democratic rights to vote or run for election
General - Punitive - Exemplary
43. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Defamation
The parol evidence rule
44. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Price fixing
Invitation to treat
Contributory negligence
45. Stages of a civil action
Lie flat to distribute the force of the impact
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Prima facie
46. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Absolute liability
Non delegable duty
Parol Evidence Rule
Landlord-tenant
47. Discrimination that is actually encouraged in our society
Merit
Positive Law
Quantum meruit
Fiduciary Duty
48. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Constitution
Habeas corpus
Non est factum
49. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Instances under which an offer lapses
Notary
The 4 principles of Equal Pay legislation
Parol Evidence Rule
50. Legislators - judges - jurors - lawyers - clients and police
$413 or 55% of the claimant's average insured earnings (whichever is less)
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Players in the legal system
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