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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. 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
Discoveries Stage
Creed
Thin Skull Rule

2. Within the walls of the inn
Consideration
Price fixing
Infra hospitium
Quantum merits

3. A plaintiff is partly or solely the cause of his or her own injury
The 4 principles of Equal Pay legislation
Section 33 of the Charter
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
Contributory negligence

4. What are the three exceptions to the common law absolute liability rule.

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5. A promise for an action
General damages
Group termination
Unilateral Contract
Intentional - Unintentional

6. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Municipal government
Good Samaritan Legislation
Democratic rights to vote or run for election
Disclaimer

7. Author of the Universal Declaration of Human Rights
Power of attorney
Restrictive covenant
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
John Humphrey

8. Allows a legislation to override the Charter
Repudiation - Sabotage - Failure to perform
Section 33 of the Charter
Democratic rights to vote or run for election
Summary conviction (minor) - indictable (serious) - hybrid

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Substantive Law
Repudiation - Sabotage - Failure to perform
4 items that should be included in the job description
Defenses to intentional Torts

10. Discrimination that is actually encouraged in our society
Summary conviction (minor) - indictable (serious) - hybrid
Merit
Theft of services
6 primary purposes of tort law

11. The level of government in charge of bylaws
Municipal government
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Group termination
Infra hospitium

12. 5 reasons for evicting a guest.
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.
Intentional - Unintentional
51% or 52%
Res ipsa loquitar

13. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Section 33 of the Charter
Shareholders - board of directors - statutory officers - employees - and creditors

14. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Exceptions to the privity of contract rule
E. Coli
Disclaimer
Equitable estoppal

15. List remedies one would expect when a contract is breached
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
6 primary purposes of tort law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Actus reus and Mens rea

16. Innocent - negligent and fraudulent
Exceptions to the privity of contract rule
Nepotism
Vicarious liability
The kinds of misrepresentation

17. What are the five stages of a civil action?
Exceptions to the privity of contract rule
Passing off
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals

18. Bailment for the sole benefit of the bailor.
Section 33 of the Charter
Gratuitous bailment
Instances under which an offer lapses
Neighbour principle

19. Independent contractors and employees.
The 2 classes of servants
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Constitution
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

20. List the 3 subtle signs of intoxication.
Restrictive covenant
Negligence Per se
Infra hospitium
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

21. List the 4 conditions of adverse possession. (squatter's rights)
Natural Law
Option
Independent contractors - employees
Open and notorious - unchallenged - exclusive - continuous

22. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Nepotism
Injurious Falsehood
Stare decisis

23. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Equity financing - debt financing - sale of assets
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligence Per se

24. Conditions for rightful dismissal.
Negligent Misrepresentation
Absolute liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Creed

25. What must be established to substantiate a claim for bailment?
Absolute liability
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
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

26. Another word for 'reafian'?
Prima facie
Summary conviction - Indictable - Hybrid
Reiver
Equitable estoppal

27. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Fiduciary Duty
Equity financing - debt financing - sale of assets
51% or 52%

28. Selling accounts receivable at a discount.
Defenses to intentional Torts
Res ipsa loquitar
Factoring
Quantum merits

29. You shall have the body
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Habeas corpus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

30. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
John Humphrey
Injurious Falsehood
Thin Skull Rule
John Humphrey

31. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Theft of services
Lie flat to distribute the force of the impact
Absolute liability
Sunset Clause

32. Author of the Universal Declaration of Human Rights in 1948?
Passing off
Agent
John Humphrey
Express deposit

33. Promises made without consideration
Bona fide occupational requirement
To 'perfect' a lien
Gratuitous Promise
Sunset Clause

34. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Salmonella
To 'perfect' a lien
Fiduciary Duty

35. What are the two types of property?
Good Samaritan Legislation
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
Consideration
Personal and real

36. Two kinds of negligence
Intentional - Unintentional
Power of attorney
Restrictive covenant
6 primary purposes of tort law

37. Balance of probability needed to win a civil case
Parol Evidence Rule
51% or 52%
Democratic rights to vote or run for election
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

38. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
The items that should be included in a job description
Gratuitous Promise
Municipal government
Absolute liability

39. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Summary conviction - indictable - and hybrid
Sole proprietorship - partnership - and corporations
Unconscionable transactions
Four purpose of sentencing

40. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Private law
The 2 classes of servants
4 items that should be included in the job description
Vicarious Liability

41. When two or more suppliers conspire to set prices.
Instances under which an offer lapses
Positive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
Price fixing

42. 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
Negligent Misrepresentation
Gratuitous Promise
Price fixing
Landlord-tenant

43. 'Reasonable worth of the good'
Good Samaritan Legislation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Consideration
Quantum meruit

44. This relationship exists when one person has the power to affect another person's property or legal interests
Discoveries Stage
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Fiduciary Duty

45. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Landlord-tenant
By Performance - By Agreement - By Frustration - By Operation of law
Intentional - Unintentional

46. Damages are awarded to compensate the injured party
General damages
98%
Section 33 of the Charter
Parol Evidence Rule

47. Spoken and written defamation
Discoveries Stage
Stare decisis
Price fixing
Slander and Libel

48. Favoritism granted to relatives or friends regardless of merit
The 4 principles of Equal Pay legislation
Thin Skull Rule
Nepotism
The parol evidence rule

49. What are the 3 types of bailment?
Contributory negligence
Gratuitous bailment
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Power of Attorney

50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
$413 or 55% of the claimant's average insured earnings (whichever is less)
Creed
Reiver