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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 three exceptions to the common law absolute liability rule.
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2. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Personal and real
Equitable estoppal
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
3. List the 3 subtle signs of intoxication.
Neighbour principle
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Injurious Falsehood
4. What is the maximum weekly EI benefit?
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5. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Contributory negligence
Repudiation - sabotage - failure to perform
Sunset Clause
6. It is not my deed
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Non est factum
Royal prerogatives
Power of attorney
7. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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8. What are the three kinds of misrepresentation?
Quantum merits
Innocent - negligent - fraudulent
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Non delegable duty
9. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Actus reus
Express deposit
Uttering
General - Punitive - Exemplary
10. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public
Salmonella
Food and Drugs Act
11. 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.
John Humphrey
Thin Skull Rule
Res ipsa loquitar
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
12. 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
Positive law
Negligent Misrepresentation
Actus reus
Prima facie
13. list 4 elements of bailment
Amortization
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Defamation
Invitation to treat
14. Once a contract is written - it cannot be changed without the consent of both parties
Discoveries Stage
Parol Evidence Rule
6 primary purposes of tort law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
15. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Slander and Libel
Defenses to intentional Torts
Uttering
16. Regulation - deterrence - compensation - dispute resolution - education and prevention
Reasons a contract may be impeached
6 primary purposes of tort law
Absolute liability
Surcharge
17. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Exemplary damages
Negligent Misrepresentation
Negligence Per se
4 items that should be included in the job description
18. This relationship exists when one person has the power to affect another person's property or legal interests
Exemplary damages
Fiduciary Duty
Legal realism
$413 or 55% of the claimant's average insured earnings (whichever is less)
19. Bailment for the sole benefit of the bailor.
Damages that are imposed to punish and to make an example of the offending party
Quantum meruit
Noncompetition/nonsolicitation clauses
Gratuitous bailment
20. What are the 5 tiers of the corporate structure.
Instances under which an offer lapses
Democratic rights to vote or run for election
Equitable estoppel
Shareholders - board of directors - statutory officers - employees - and creditors
21. 'To have the body'
Noncompetition/nonsolicitation clauses
Habeas corpus
Democratic rights to vote or run for election
Innocent - negligent - fraudulent
22. 5 reasons for evicting a guest.
Option
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.
Exceptions to the privity of contract rule
Exemplary damages
23. Promises made without consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).
Infra hospitium
Gratuitous Promise
Easement
24. Once a contract is written - it cannot be changed without consent of both parties.
Landlord-tenant
Trademark infringement
The parol evidence rule
Acts of God - acts of a public enemy - guests' own negligence
25. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
420 to 700 hours depending on the regional unemployment rate
Fiduciary Duty
Players in the legal system
Discoveries Stage
26. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
4 items that should be included in the job description
Summary conviction - indictable - and hybrid
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
27. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Res ipsa loquitar
Intentional - Unintentional
Democratic rights to vote or run for election
28. Res ipsa loquitur
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29. What would a careful - thoughtful person in the same circumstances have done
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Reasonable Person Test
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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
30. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Trade mark
Parol Evidence Rule
Four purpose of sentencing
Good Samaritan Legislation
31. Spoken and written defamation
Res ipsa loquitar
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Slander and Libel
32. A promise for an action
Summary conviction - indictable - and hybrid
Group termination
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
Unilateral Contract
33. 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
Good Samaritan Legislation
Royal prerogatives
Section 33 of the Charter
34. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Unilateral Contract
Unconscionable transactions
Sunset Clause
Good Samaritan Legislation
35. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
The kinds of misrepresentation
Sole proprietorship - partnership - and corporations
4 items that should be included in the job description
Instances under which an offer lapses
36. Someone who certifies documents - but does not draft documents
Notary
Mens rea
Noncompetition/nonsolicitation clauses
Consideration
37. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Independent contractors - employees
Exemplary damages
Restrictive covenant
38. Author of the 1948 Universal Declaration of Human Rights
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Intentional - Unintentional
Proximate cause of the injury
John Humphrey
39. What are the 3 types of bailment?
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.
Agent
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Sunset Clause
40. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Easement
51% or 52%
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Power of Attorney
41. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Quantum meruit
Contributory Negligence
Non delegable duty
42. What are exemplary damages?
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.
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party
Royal prerogatives
43. Division of law that defines rights and remedies
Open and notorious - unchallenged - exclusive - continuous
Group termination
Natural Law
Substantive Law
44. Food Poisoning from chicken
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Salmonella
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.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
45. Law created by a person or body with authority to enact and enforce it
Positive Law
Independent contractors - employees
Players in the legal system
Mens rea
46. Political - religious beliefs - and affiliations
Players in the legal system
Creed
Contributory negligence
Types of contracts which must be in writing
47. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Injurious Falsehood
Passing off
Equitable estoppel
48. Damages are awarded to compensate the injured party
6 primary purposes of tort law
General damages
Negligence
Players in the legal system
49. Beyond a reasonable doubt is what probability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
98%
Negligence Per se
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
50. Law is whatever judges say it is...
Trade mark
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Legal realism
Open and notorious - unchallenged - exclusive - continuous