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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. What are the 3 types of bailment?
The parol evidence rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Trade mark
2. The exchange of benefits; the price a party pays for the promise
Open and notorious - unchallenged - exclusive - continuous
Consideration
Prima facie
420 to 700 hours depending on the regional unemployment rate
3. Latin for 'the thing speaks for itself'
Agent
Res ipsa loquitar
Nepotism
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
4. 2 classes of servants.
Invitation to treat
Innocent - negligent - fraudulent
Criminal - Family - Youth - Small claims court
Independent contractors - employees
5. Selling accounts receivable at a discount.
Good Samaritan Legislation
Power of attorney
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Factoring
6. Notices of statutory provisions limiting liability be posted where?
Fiduciary Duty
Quantum meruit
Option
1) in the office - 2) every guestroom - and 3) public rooms (area).
7. A symbol - word - name or device used to identify or signify a company or its product.
Constitution
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
Trade mark
8. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
E. Coli
Creed
9. 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
Passing off
Vicarious Liability
Habeas corpus
Salmonella
10. What are the 3 ways employment can be terminated?
Habeas corpus
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory Negligence
Breach of contract
11. 'Reasonable worth of the good'
Equitable estoppal
Quantum meruit
Duty to mitigate
Innocent - negligent - fraudulent
12. 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
Contributory negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The kinds of misrepresentation
Power of attorney
13. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Private law
Restrictive covenant
Factoring
14. List remedies one would expect when a contract is breached
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Absolute liability
Contributory negligence
15. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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16. Latin term for 'On the face of it'.
Prima facie
6 primary purposes of tort law
Trademark infringement
Noncompetition/nonsolicitation clauses
17. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Restrictive covenant
Express deposit
Infra hospitium
18. When the police do not need a warrant to search your residence and/or business?
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Royal prerogatives
Agent
19. Fundamental freedoms in Section 2 of the Charter
Fiduciary Duty
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Thin Skull Rule
20. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Types of contracts which must be in writing
Trade mark
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
21. What are the three exceptions to the common law absolute liability rule.
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22. 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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reasonable Person Test
Theft of services
23. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Sunset Clause
Non delegable duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
24. 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?
Summary conviction (minor) - indictable (serious) - hybrid
Group termination
Specific deterrence - general deterrence - rehabilitation - protection of the public
Breach of contract
25. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Mens rea
The 2 classes of servants
Consideration
26. Four methods to prevent potential legal action against your business.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Positive law
Amortization
27. Another word for 'reafian'?
Actus reus and Mens rea
The items that should be included in a job description
Reiver
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
28. The level of government in charge of bylaws
Infra hospitium
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.
Municipal government
Power of Attorney
29. 'It stands decided'
Bona fide occupational requirement
Thin Skull Rule
Stare decisis
Independent contractors - employees
30. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Four purpose of sentencing
Personal and real
51% or 52%
31. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Democratic rights to vote or run for election
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Neighbour principle
32. what are the four purposes of sentencing?
Surcharge
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consideration
Agent
33. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Section 33 of the Charter
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid
34. You shall have the body
Fiduciary Duty
Habeas corpus
John Humphrey
General damages
35. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The 4 principles of Equal Pay legislation
36. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Contributory Negligence
Actus reus and Mens rea
Positive law
37. Author of the Universal Declaration of Human Rights in 1948?
'The thing speaks for itself'
Constitution
John Humphrey
Proximate cause of the injury
38. Author of the Universal Declaration of Human Rights
John Humphrey
Land - buildings - fixtures
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
39. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Intentional torts
Injurious Falsehood
Habeas corpus
40. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
The owner
Defenses to intentional Torts
Specific deterrence - general deterrence - rehabilitation - protection of the public
Acts of God - acts of a public enemy - guests' own negligence
41. Innocent - negligent and fraudulent
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
The kinds of misrepresentation
Summary conviction - Indictable - Hybrid
Contributory Negligence
42. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Natural Law
Option
Sunset Clause
Power of Attorney
43. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Criminal - Family - Youth - Small claims court
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Unilateral Contract
44. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
1) in the office - 2) every guestroom - and 3) public rooms (area).
Discoveries Stage
45. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Reasonable Person Test
The 2 classes of servants
46. list 4 elements of bailment
Reasons a contract may be impeached
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
47. How can an employer escape alcohol misuse liability?
Equitable estoppal
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.
Discoveries Stage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
48. Damages are awarded to compensate the injured party
Four purpose of sentencing
Agent
Exceptions to the privity of contract rule
General damages
49. When two or more suppliers conspire to set prices.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Price fixing
Unconscionable transactions
50. Minimum amount of hours needed to be eligible for EI benefits.
Exemplary damages
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus and Mens rea
420 to 700 hours depending on the regional unemployment rate