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Test your basic knowledge |
Hospitality Law
Start Test
Study First
Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
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. Guilty mind.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Slander and Libel
Mens rea
Gratuitous bailment
2. What are some of the conditions for rightful dismissal?
Positive Law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Injurious Falsehood
Power of Attorney
3. List 3 ways to finance a new or existing business.
Repudiation - sabotage - failure to perform
Food and Drugs Act
Easement
Equity financing - debt financing - sale of assets
4. 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.
Exceptions to the privity of contract rule
Equitable estoppel
Neighbour principle
Passing off
5. Another word for 'reafian'?
Reiver
Natural Law
Negligence Per se
Discoveries Stage
6. What are the three exceptions to the common law absolute liability rule.
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7. What are exemplary damages?
Intentional - Unintentional
Notary
Vicarious Liability
Damages that are imposed to punish and to make an example of the offending party
8. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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9. What are the 3 types of bailment?
The 4 principles of Equal Pay legislation
Express deposit
Habeas corpus
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
10. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Absolute liability
Negligent Misrepresentation
Fiduciary Duty
Legal realism
11. What would a careful - thoughtful person in the same circumstances have done
Reasons a contract may be impeached
Reasonable Person Test
The parol evidence rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
12. Latin term for 'It is not my deed
Notary
Thin Skull Rule
Non est factum
Creed
13. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Passing off
Damages that are imposed to punish and to make an example of the offending party
Positive Law
14. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Players in the legal system
Summary conviction - Indictable - Hybrid
Vicarious liability
15. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Sole proprietorship - partnership - and corporations
Instances under which an offer lapses
Floating charge
16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
4 items that should be included in the job description
Intentional torts
Exceptions to the privity of contract rule
Fiduciary Duty
17. 3 types of offenses in a criminal procedure
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Common - mutual and unilateral.
Summary conviction - Indictable - Hybrid
18. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Power of attorney
Gratuitous bailment
Passing off
The items that should be included in a job description
19. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Positive law
Passing off
Disclaimer
20. Food poisoning from hamburger
E. Coli
Actus reus and Mens rea
Non delegable duty
General - Punitive - Exemplary
21. Latin for 'the thing speaks for itself'
Nepotism
Negligent Misrepresentation
Personal and real
Res ipsa loquitar
22. Laws duly enacted by a person or body having the authority to enact and enforce them.
Instances under which an offer lapses
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Slander and Libel
Positive law
23. What are the two types of property?
Prima facie
Personal and real
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Non delegable duty
24. Legislators - judges - jurors - lawyers - clients and police
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Players in the legal system
Fiduciary Duty
Trade mark
25. Law is whatever judges say it is...
Legal realism
Specific deterrence - general deterrence - rehabilitation - protection of the public
Actus reus
Absolute liability
26. Conditions for rightful dismissal.
Instances under which an offer lapses
Disclaimer
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Salmonella
27. Three types of intangibles
Repudiation - sabotage - failure to perform
Restrictive covenant
Royal prerogatives
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
28. An agreement by an offeror to leave an offer open for a specified period of time
E. Coli
Group termination
Option
Acts of God - acts of a public enemy - guests' own negligence
29. Author of the Universal Declaration of Human Rights
Negligence
Unconscionable transactions
John Humphrey
Section 33 of the Charter
30. The amount he merits
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non delegable duty
Quantum merits
31. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
'The thing speaks for itself'
Section 33 of the Charter
The 2 classes of servants
32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Damages that are imposed to punish and to make an example of the offending party
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
33. Author of the 1948 Universal Declaration of Human Rights
Shareholders - board of directors - statutory officers - employees - and creditors
John Humphrey
Land - buildings - fixtures
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
34. Which of the following rights does the Charter guarantee only to citizens of Canada
Habeas corpus
Trade mark
Democratic rights to vote or run for election
Intentional - Unintentional
35. Governor general and lieutenant governors
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Royal prerogatives
The items that should be included in a job description
Salmonella
36. First stage in a criminal court procedure
Arraignment
To 'perfect' a lien
Duty to mitigate
Intentional torts
37. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
John Humphrey
Unilateral Contract
Power of Attorney
38. Accommodations that are not considered 'inns'.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Lie flat to distribute the force of the impact
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Mens rea
39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
E. Coli
Absolute liability
Group termination
By Performance - By Agreement - By Frustration - By Operation of law
40. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Negligence Per se
Summary conviction - indictable - and hybrid
Neighbour principle
41. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Noncompetition/nonsolicitation clauses
Democratic rights to vote or run for election
Exemplary damages
42. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Open and notorious - unchallenged - exclusive - continuous
Absolute liability
Equity financing - debt financing - sale of assets
Equitable estoppal
43. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Summary conviction - indictable - and hybrid
Discoveries Stage
Four purpose of sentencing
Royal prerogatives
44. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Option
Theft of services
Surcharge
Instances under which an offer lapses
45. 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
Group termination
Non est factum
Innocent - negligent - fraudulent
46. This person acts on behalf of the principal
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The items that should be included in a job description
Agent
Sunset Clause
47. The most difficult element of negligence to prove
Nepotism
John Humphrey
Intentional - Unintentional
Proximate cause of the injury
48. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Acts of God - acts of a public enemy - guests' own negligence
Trade mark
Repudiation - Sabotage - Failure to perform
49. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Open and notorious - unchallenged - exclusive - continuous
Stare decisis
Negligence
Uttering
50. list 4 elements of bailment
Power of Attorney
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Group termination
Disclaimer