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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. Legislators - judges - jurors - lawyers - clients and police
Slander and Libel
Contributory Negligence
Acts of God - acts of a public enemy - guests' own negligence
Players in the legal system
2. Alcohol misuse under the Liquor License Act
Proximate cause of the injury
6 primary purposes of tort law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Positive Law
3. The level of government in charge of bylaws
Municipal government
51% or 52%
The items that should be included in a job description
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
4. Someone who certifies documents - but does not draft documents
Independent contractors - employees
4 items that should be included in the job description
The items that should be included in a job description
Notary
5. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Democratic rights to vote or run for election
Actus reus
Innocent - negligent - fraudulent
Disclaimer
6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Vicarious liability
Absolute liability
Discoveries Stage
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
7. Another word for 'reafian'?
Independent contractors - employees
Four purpose of sentencing
Reiver
Negligence
8. 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.
Injurious Falsehood
Quantum merits
Equitable estoppel
Private law
9. 'It stands decided'
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Stare decisis
Summary conviction - indictable - and hybrid
Democratic rights to vote or run for election
10. 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.
Noncompetition/nonsolicitation clauses
Instances under which an offer lapses
Reasons a contract may be impeached
Non est factum
11. 3 types of business structures.
Personal and real
Innocent - negligent - fraudulent
Sole proprietorship - partnership - and corporations
Pleadings - discoveries - pretrial and or mediation - trial - appeals
12. Regulation - deterrence - compensation - dispute resolution - education and prevention
Option
To 'perfect' a lien
6 primary purposes of tort law
Defenses to intentional Torts
13. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Reiver
Power of attorney
Trade mark
14. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
Four purpose of sentencing
Duty to mitigate
15. A plaintiff is partly or solely the cause of his or her own injury
Equitable estoppal
Players in the legal system
Contributory negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
16. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Repudiation - sabotage - failure to perform
The 4 principles of Equal Pay legislation
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.
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?
Power of attorney
Breach of contract
Contributory negligence
Open and notorious - unchallenged - exclusive - continuous
18. Law based on moral - religious or philosophical grounds
Infra hospitium
Infra hospitium
Agent
Natural Law
19. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Non est factum
Defamation
Equitable estoppal
Types of contracts which must be in writing
20. Division of law that defines rights and remedies
Substantive Law
Private law
Constitution
Municipal government
21. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Non est factum
Summary conviction (minor) - indictable (serious) - hybrid
John Humphrey
22. Discrimination that is actually encouraged in our society
Merit
Negligence
Passing off
Natural Law
23. 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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Merit
Power of attorney
Habeas corpus
24. 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
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Vicarious Liability
Equitable estoppel
Positive Law
25. What are three ways a contract is breached?
The parol evidence rule
Repudiation - sabotage - failure to perform
Trade mark
Contributory negligence
26. Promises made without consideration
Sunset Clause
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Gratuitous Promise
98%
27. Guilty act in Latin.
Landlord-tenant
Actus reus
Equitable estoppel
Duty to mitigate
28. Once a contract is written - it cannot be changed without the consent of both parties
Power of attorney
Habeas corpus
Parol Evidence Rule
Negligence Per se
29. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
John Humphrey
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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate
30. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Independent contractors - employees
Negligence
Lie flat to distribute the force of the impact
Stare decisis
31. Conditions for rightful dismissal.
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.
Unilateral Contract
The owner
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
32. Latin for 'the thing speaks for itself'
Res ipsa loquitar
To 'perfect' a lien
Defenses to intentional Torts
Substantive Law
33. Use of another company's business name or logo without permission.
Shareholders - board of directors - statutory officers - employees - and creditors
Trademark infringement
Private law
Price fixing
34. Allows a legislation to override the Charter
Section 33 of the Charter
Repudiation - sabotage - failure to perform
Lie flat to distribute the force of the impact
Financial disloyalty - falsified qualifications - gross and continuing incompetence
35. Two types of negligence
Unconscionable transactions
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.
Intentional - Unintentional
Gratuitous Promise
36. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Option
6 primary purposes of tort law
Power of Attorney
The items that should be included in a job description
37. Laws duly enacted by a person or body having the authority to enact and enforce them.
Exceptions to the privity of contract rule
Positive law
Actus reus
Restrictive covenant
38. Amount added on to a usual charge for a specific product - purpose - or service.
Repudiation - sabotage - failure to perform
Trademark infringement
Surcharge
Pleadings - discoveries - pretrial and or mediation - trial - appeals
39. What does BFOR stand for?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Negligent Misrepresentation
Bona fide occupational requirement
Contributory Negligence
40. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Repudiation - sabotage - failure to perform
Repudiation - Sabotage - Failure to perform
Habeas corpus
41. What would a careful - thoughtful person in the same circumstances have done
Municipal government
Trade mark
Reasonable Person Test
Types of contracts which must be in writing
42. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Reasonable Person Test
Option
420 to 700 hours depending on the regional unemployment rate
43. 3 types of offenses in a criminal procedure
Intentional - Unintentional
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
'The thing speaks for itself'
Summary conviction - Indictable - Hybrid
44. Author of the Universal Declaration of Human Rights
Bona fide occupational requirement
Infra hospitium
John Humphrey
Specific deterrence - general deterrence - rehabilitation - protection of the public
45. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Unilateral Contract
$413 or 55% of the claimant's average insured earnings (whichever is less)
Instances under which an offer lapses
46. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Thin Skull Rule
Express deposit
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Good Samaritan Legislation
47. Innocent - negligent and fraudulent
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The kinds of misrepresentation
The parol evidence rule
48. 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.
Factoring
Surcharge
Theft of services
'The thing speaks for itself'
49. Legal responsibility for the negligence of another person
Non est factum
E. Coli
Vicarious liability
Negligence Per se
50. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Private law
Unconscionable transactions
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.
Non delegable duty
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