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Test your basic knowledge |
Hospitality Law
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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. 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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
By Performance - By Agreement - By Frustration - By Operation of law
2. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
'The thing speaks for itself'
Fiduciary Duty
Express deposit
3. Four methods to prevent potential legal action against your business.
Democratic rights to vote or run for election
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contributory negligence
The items that should be included in a job description
4. Author of the 1948 Universal Declaration of Human Rights
Theft of services
Positive Law
Land - buildings - fixtures
John Humphrey
5. List 3 ways to finance a new or existing business.
Absolute liability
Common - mutual and unilateral.
Habeas corpus
Equity financing - debt financing - sale of assets
6. The amount he merits
Thin Skull Rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Quantum merits
General damages
7. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Repudiation - Sabotage - Failure to perform
Democratic rights to vote or run for election
Private law
8. Beyond a reasonable doubt is what probability
Consideration
Non est factum
'The thing speaks for itself'
98%
9. This person acts on behalf of the principal
'The thing speaks for itself'
Amortization
Agent
Financial disloyalty - falsified qualifications - gross and continuing incompetence
10. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Vicarious liability
Intentional torts
Innocent - negligent - fraudulent
Legal realism
11. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Section 33 of the Charter
1) in the office - 2) every guestroom - and 3) public rooms (area).
Players in the legal system
Power of attorney
12. Balance of probability needed to win a civil case
51% or 52%
Negligent Misrepresentation
Theft of services
John Humphrey
13. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Contributory negligence
John Humphrey
Reasons a contract may be impeached
14. Law based on moral - religious or philosophical grounds
Prima facie
Nepotism
Food and Drugs Act
Natural Law
15. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
The items that should be included in a job description
Instances under which an offer lapses
Four purpose of sentencing
Breach of contract
16. Types of Damages
Power of Attorney
Landlord-tenant
General - Punitive - Exemplary
Defamation
17. Latin for 'the thing speaks for itself'
Open and notorious - unchallenged - exclusive - continuous
Res ipsa loquitar
Unconscionable transactions
4 items that should be included in the job description
18. Three types of intangibles
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Specific deterrence - general deterrence - rehabilitation - protection of the public
19. Spoken and written defamation
John Humphrey
Slander and Libel
Unconscionable transactions
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
20. Food poisoning from hamburger
Express deposit
Breach of contract
E. Coli
The kinds of misrepresentation
21. 5 reasons for evicting a guest.
E. Coli
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
Trademark infringement
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.
22. Favoritism granted to relatives or friends regardless of merit
Innocent - negligent - fraudulent
Nepotism
Group termination
Common - mutual and unilateral.
23. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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.
The 2 classes of servants
Uttering
24. Someone who certifies documents - but does not draft documents
Criminal - Family - Youth - Small claims court
Breach of contract
Notary
Contributory negligence
25. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Instances under which an offer lapses
26. 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
Non est factum
Intentional - Unintentional
Intentional - Unintentional
27. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Merit
Duty to mitigate
98%
28. Division of law that defines rights and remedies
Substantive Law
Noncompetition/nonsolicitation clauses
Damages that are imposed to punish and to make an example of the offending party
Injurious Falsehood
29. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Intentional - Unintentional
Slander and Libel
Prima facie
30. Circumstances in which the authorities do not need a warrant to search your premises
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional torts
Positive Law
31. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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32. Independent contractors and employees.
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.
Specific deterrence - general deterrence - rehabilitation - protection of the public
The 2 classes of servants
Power of Attorney
33. Guilty act in Latin.
Actus reus
Section 33 of the Charter
6 primary purposes of tort law
Contributory negligence
34. The most difficult element of negligence to prove
Proximate cause of the injury
1) in the office - 2) every guestroom - and 3) public rooms (area).
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious liability
35. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Express deposit
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.
Non est factum
36. 3 types of business structures.
Prima facie
Sole proprietorship - partnership - and corporations
Breach of contract
Invitation to treat
37. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Constitution
Criminal - Family - Youth - Small claims court
Non est factum
38. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Ultra vires
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
39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Repudiation - sabotage - failure to perform
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contributory Negligence
40. what are the four purposes of sentencing?
The owner
Infra hospitium
Intentional - Unintentional
Specific deterrence - general deterrence - rehabilitation - protection of the public
41. A right to use another's land for a specific purpose.
The parol evidence rule
Criminal - Family - Youth - Small claims court
Non delegable duty
Easement
42. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Nepotism
Summary conviction - Indictable - Hybrid
Instances under which an offer lapses
43. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
The 4 principles of Equal Pay legislation
Constitution
Breach of contract
Ultra vires
44. What is the maximum weekly EI benefit?
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45. An agreement by an offeror to leave an offer open for a specified period of time
Fiduciary Duty
Theft of services
Consideration
Option
46. 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.
51% or 52%
Repudiation - sabotage - failure to perform
The parol evidence rule
Theft of services
47. What are exemplary damages?
Option
Bona fide occupational requirement
Disclaimer
Damages that are imposed to punish and to make an example of the offending party
48. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
The 2 classes of servants
Neighbour principle
4 items that should be included in the job description
49. What are the two types of property?
Option
Summary conviction (minor) - indictable (serious) - hybrid
Duty to mitigate
Personal and real
50. List the 3 subtle signs of intoxication.
Stare decisis
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Power of Attorney
Infra hospitium
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