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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. List the 3 subtle signs of intoxication.
Private law
Sunset Clause
Passing off
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
2. Guilty act in Latin.
Personal and real
Actus reus
Natural Law
Stare decisis
3. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Intentional - Unintentional
General - Punitive - Exemplary
Common - mutual and unilateral.
4. What must be established to substantiate a claim for 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
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Reasonable Person Test
Trade mark
5. 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.
Non delegable duty
Equitable estoppel
Specific deterrence - general deterrence - rehabilitation - protection of the public
Infra hospitium
6. 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.
Invitation to treat
1) in the office - 2) every guestroom - and 3) public rooms (area).
The 2 classes of servants
7. A right to use another's land for a specific purpose.
Vicarious Liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Easement
Neighbour principle
8. Types of Damages
The items that should be included in a job description
General - Punitive - Exemplary
Stare decisis
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
9. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
4 items that should be included in the job description
Non est factum
Types of contracts which must be in writing
The 4 principles of Equal Pay legislation
10. In a criminal procedure list the 3 types of offenses
Damages that are imposed to punish and to make an example of the offending party
Trademark infringement
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
11. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Noncompetition/nonsolicitation clauses
Disclaimer
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Nepotism
12. Use of another company's business name or logo without permission.
Floating charge
Repudiation - sabotage - failure to perform
Negligence Per se
Trademark infringement
13. Author of the 1948 Universal Declaration of Human Rights
Factoring
Group termination
John Humphrey
Slander and Libel
14. What is the maximum weekly EI benefit?
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15. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Express deposit
Democratic rights to vote or run for election
Passing off
16. Latin for 'the thing speaks for itself'
Exceptions to the privity of contract rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Res ipsa loquitar
Intentional - Unintentional
17. 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?
Breach of contract
Land - buildings - fixtures
Discoveries Stage
Theft of services
18. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Passing off
Shareholders - board of directors - statutory officers - employees - and creditors
Contributory negligence
19. Another word for 'reafian'?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sunset Clause
Reasonable Person Test
Reiver
20. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Price fixing
Theft of services
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
21. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Summary conviction - indictable - and hybrid
Intentional torts
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Thin Skull Rule
22. Law created by a person or body with authority to enact and enforce it
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Unilateral Contract
Positive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
23. What does real property include?
Land - buildings - fixtures
Non delegable duty
The 2 classes of servants
Notary
24. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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25. Most difficult element of negligence to prove
Legal realism
Contributory negligence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Passing off
26. Within the walls of the inn
Factoring
Infra hospitium
Thin Skull Rule
Trade mark
27. A person who becomes ill but did not pay for the meal can sue the establishment
Express deposit
Four purpose of sentencing
Neighbour principle
Passing off
28. What are the 5 tiers of the corporate structure.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Defamation
Repudiation - sabotage - failure to perform
Shareholders - board of directors - statutory officers - employees - and creditors
29. what are the four purposes of sentencing?
Royal prerogatives
Personal and real
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Specific deterrence - general deterrence - rehabilitation - protection of the public
30. 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
Substantive Law
6 primary purposes of tort law
Four purpose of sentencing
Negligent Misrepresentation
31. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Disclaimer
Food and Drugs Act
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
Summary conviction (minor) - indictable (serious) - hybrid
32. List 5/6 items employers can expect from their employees
Negligence
Unconscionable transactions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
33. The publication of a false statement about someone either verbally or in writing which damages their reputation
Duty to mitigate
Defamation
Open and notorious - unchallenged - exclusive - continuous
Noncompetition/nonsolicitation clauses
34. This relationship exists when one person has the power to affect another person's property or legal interests
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Unconscionable transactions
420 to 700 hours depending on the regional unemployment rate
Fiduciary Duty
35. 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.
Lie flat to distribute the force of the impact
Thin Skull Rule
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.
Reasonable Person Test
36. What are the 3 ways employment can be terminated?
Uttering
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Factoring
37. What are the two types of property?
Express deposit
Personal and real
Non est factum
Habeas corpus
38. An agreement by an offeror to leave an offer open for a specified period of time.
John Humphrey
Duty to mitigate
Option
Substantive Law
39. Independent contractors and employees.
The 2 classes of servants
Agent
Absolute liability
Private law
40. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
John Humphrey
Factoring
Natural Law
41. 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
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
42. This person acts on behalf of the principal
Thin Skull Rule
Habeas corpus
Unconscionable transactions
Agent
43. Accommodations that are not considered 'inns'.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Passing off
The parol evidence rule
44. A duty that cannot be given to someone else
Good Samaritan Legislation
Non delegable duty
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
Fiduciary Duty
45. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Absolute liability
General damages
Equitable estoppal
6 primary purposes of tort law
46. The plaintiff has been injured upon the result of his own negligence
General damages
Sunset Clause
420 to 700 hours depending on the regional unemployment rate
Contributory Negligence
47. Governor general and lieutenant governors
By Performance - By Agreement - By Frustration - By Operation of law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Royal prerogatives
Types of contracts which must be in writing
48. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Prima facie
Option
Intentional - Unintentional
49. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Damages that are imposed to punish and to make an example of the offending party
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.
Sole proprietorship - partnership - and corporations
The items that should be included in a job description
50. Surviving a falling elevator
Damages that are imposed to punish and to make an example of the offending party
6 primary purposes of tort law
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