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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. A promise for an action
Private law
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Equitable estoppal
2. Governor general and lieutenant governors
Thin Skull Rule
Salmonella
Royal prerogatives
Municipal government
3. What are the 5 tiers of the corporate structure.
51% or 52%
Shareholders - board of directors - statutory officers - employees - and creditors
'The thing speaks for itself'
1) in the office - 2) every guestroom - and 3) public rooms (area).
4. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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5. A plaintiff is partly or solely the cause of his or her own injury
Agent
Merit
Thin Skull Rule
Contributory negligence
6. Types of Damages
Injurious Falsehood
General - Punitive - Exemplary
Lie flat to distribute the force of the impact
$413 or 55% of the claimant's average insured earnings (whichever is less)
7. What are the 3 types of bailment?
Bona fide occupational requirement
Positive law
Equitable estoppal
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
8. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Mens rea
Contributory Negligence
Power of Attorney
Natural Law
9. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Quantum meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Good Samaritan Legislation
10. Once a contract is written - it cannot be changed without consent of both parties.
Types of contracts which must be in writing
The parol evidence rule
Legal realism
Option
11. Legislators - judges - jurors - lawyers - clients and police
Option
Slander and Libel
Instances under which an offer lapses
Players in the legal system
12. Food poisoning from hamburger
E. Coli
Breach of contract
Exceptions to the privity of contract rule
Ultra vires
13. 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
Equitable estoppal
The kinds of misrepresentation
Trade mark
Negligent Misrepresentation
14. Law is whatever judges say it is...
Legal realism
Acts of God - acts of a public enemy - guests' own negligence
Fiduciary Duty
Intentional - Unintentional
15. Within the walls of the inn
98%
Notary
Non delegable duty
Infra hospitium
16. Surviving a falling elevator
Lie flat to distribute the force of the impact
Invitation to treat
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
17. Latin term for 'On the face of it'.
Prima facie
Factoring
Sole proprietorship - partnership - and corporations
Restrictive covenant
18. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Duty to mitigate
Price fixing
Types of contracts which must be in writing
Passing off
19. Which of the following rights does the Charter guarantee only to citizens of Canada
Exemplary damages
Democratic rights to vote or run for election
Open and notorious - unchallenged - exclusive - continuous
Duty to mitigate
20. The publication of a false statement about someone either verbally or in writing which damages their reputation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Defamation
Negligence
Summary conviction (minor) - indictable (serious) - hybrid
21. Use of another company's business name or logo without permission.
Trademark infringement
Injurious Falsehood
Express deposit
The 2 classes of servants
22. Two kinds of negligence
Intentional - Unintentional
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Gratuitous bailment
John Humphrey
23. Favoritism granted to relatives or friends regardless of merit
Power of Attorney
Easement
Contributory Negligence
Nepotism
24. 'To have the body'
Habeas corpus
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Reasonable Person Test
Substantive Law
25. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Passing off
Passing off
Exceptions to the privity of contract rule
26. Latin for guilty act and guilty mind
Surcharge
Actus reus and Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Passing off
27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Mens rea
John Humphrey
Consideration
Positive law
28. It is not my deed
Non est factum
Bona fide occupational requirement
The items that should be included in a job description
Intentional - Unintentional
29. Most difficult element of negligence to prove
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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Substantive Law
Proximate cause of the injury
30. An agreement by an offeror to leave an offer open for a specified period of time
Contributory Negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Option
31. What would a careful - thoughtful person in the same circumstances have done
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Reasonable Person Test
Acts of God - acts of a public enemy - guests' own negligence
Negligence
32. What are the three kinds of misrepresentation?
Positive Law
Substantive Law
Innocent - negligent - fraudulent
Price fixing
33. The division of law associated with interpersonal matters
Intentional - Unintentional
Fiduciary Duty
Restrictive covenant
Private law
34. 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.
Theft of services
Duty to mitigate
Noncompetition/nonsolicitation clauses
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.
35. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Duty to mitigate
4 items that should be included in the job description
Gratuitous Promise
36. The period of time required to pay off the principal completely at a set interest rate.
Contributory negligence
Intentional - Unintentional
Amortization
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
37. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Contributory negligence
Slander and Libel
Breach of contract
Four purpose of sentencing
38. Bailment for the sole benefit of the bailor.
To 'perfect' a lien
Gratuitous bailment
Absolute liability
Ultra vires
39. Latin term for within or on the premises of the inn (extension of the inn).
Invitation to treat
Negligence Per se
Infra hospitium
Positive law
40. Balance of probability needed to win a civil case
Reiver
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.
E. Coli
51% or 52%
41. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Intentional torts
Absolute liability
Landlord-tenant
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
42. What are the three exceptions to the common law absolute liability rule.
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43. 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
Players in the legal system
98%
44. Accommodations that are not considered 'inns'.
Negligence Per se
Reasonable Person Test
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Repudiation - Sabotage - Failure to perform
45. What does BFOR stand for?
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Bona fide occupational requirement
The 2 classes of servants
Theft of services
46. When the police do not need a warrant to search your residence and/or business?
Factoring
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Surcharge
Instances under which an offer lapses
47. What are three ways a contract is breached?
Vicarious Liability
Natural Law
Fiduciary Duty
Repudiation - sabotage - failure to perform
48. Latin for 'the thing speaks for itself'
Res ipsa loquitar
The parol evidence rule
Floating charge
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
49. 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
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
Non delegable duty
Ultra vires
Notary
50. 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
Vicarious Liability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
'The thing speaks for itself'
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit