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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. Division of Lower Provincial Courts
Stare decisis
John Humphrey
Nepotism
Criminal - Family - Youth - Small claims court
2. What must be established to substantiate a claim for bailment?
Floating charge
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
Equity financing - debt financing - sale of assets
Passing off
3. How contracts can be discharged
Exemplary damages
By Performance - By Agreement - By Frustration - By Operation of law
Vicarious liability
Stare decisis
4. The most difficult element of negligence to prove
Trade mark
Independent contractors - employees
Agent
Proximate cause of the injury
5. What are the three exceptions to the common law absolute liability rule.
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6. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Agent
Landlord-tenant
The 4 principles of Equal Pay legislation
Sunset Clause
7. Division of law that defines rights and remedies
Salmonella
Negligence
Substantive Law
Negligent Misrepresentation
8. Beyond a reasonable doubt is what probability
E. Coli
Absolute liability
Actus reus
98%
9. List 3 ways to finance a new or existing business.
Fiduciary Duty
Equity financing - debt financing - sale of assets
Salmonella
The 4 principles of Equal Pay legislation
10. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Uttering
Unconscionable transactions
4 items that should be included in the job description
11. what are the four purposes of sentencing?
Vicarious Liability
Easement
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligence
12. Within the walls of the inn
Infra hospitium
Defenses to intentional Torts
Creed
Intentional - Unintentional
13. What are three ways a contract is breached
Disclaimer
4 items that should be included in the job description
Repudiation - Sabotage - Failure to perform
Gratuitous bailment
14. When the police do not need a warrant to search your residence and/or business?
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Food and Drugs Act
15. Someone who certifies documents - but does not draft documents
Negligence Per se
Duty to mitigate
Absolute liability
Notary
16. What would a careful - thoughtful person in the same circumstances have done
Contributory Negligence
Vicarious liability
Reasonable Person Test
Trade mark
17. Legal responsibility for the negligence of another person
Surcharge
Non delegable duty
Vicarious liability
Breach of contract
18. What are the five stages of a civil action?
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Instances under which an offer lapses
Types of contracts which must be in writing
19. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Thin Skull Rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Power of Attorney
20. How can an employer escape alcohol misuse liability?
Duty to mitigate
Breach of contract
Vicarious Liability
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.
21. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Types of contracts which must be in writing
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exemplary damages
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.
Theft of services
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - Indictable - Hybrid
Negligence
23. Under contract law - list the three types of mistake the law recognizes.
Easement
Common - mutual and unilateral.
Intentional - Unintentional
Fiduciary Duty
24. List the 3 subtle signs of intoxication.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional torts
25. Innocent - negligent and fraudulent
Uttering
John Humphrey
The kinds of misrepresentation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
26. Once a contract is written - it cannot be changed without the consent of both parties
Absolute liability
Good Samaritan Legislation
Parol Evidence Rule
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
27. The exchange of benefits; the price a party pays for the promise
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Mens rea
Consideration
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
28. A plaintiff is partly or solely the cause of his or her own injury.
Infra hospitium
The kinds of misrepresentation
Democratic rights to vote or run for election
Contributory negligence
29. Favoritism granted to relatives or friends regardless of merit
Nepotism
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
Personal and real
General - Punitive - Exemplary
30. Notices of statutory provisions limiting liability be posted where?
Amortization
Sole proprietorship - partnership - and corporations
Natural Law
1) in the office - 2) every guestroom - and 3) public rooms (area).
31. 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
John Humphrey
Quantum merits
Power of attorney
Positive law
32. Three types of intangibles
General - Punitive - Exemplary
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
33. Damages are awarded to compensate the injured party
General damages
Merit
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contributory negligence
34. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Habeas corpus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Uttering
Intentional - Unintentional
35. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Defamation
Vicarious Liability
Duty to mitigate
General - Punitive - Exemplary
36. When two or more suppliers conspire to set prices.
Trademark infringement
1) in the office - 2) every guestroom - and 3) public rooms (area).
Price fixing
Negligent Misrepresentation
37. Res ipsa loquitur
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38. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Non delegable duty
Defenses to intentional Torts
The parol evidence rule
39. The publication of a false statement about someone either verbally or in writing which damages their reputation
Option
Infra hospitium
Fiduciary Duty
Defamation
40. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Injurious Falsehood
Equitable estoppal
Stare decisis
Vicarious Liability
41. Most difficult element of negligence to prove
Injurious Falsehood
General damages
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.
42. What does BFOR stand for?
Bona fide occupational requirement
Proximate cause of the injury
Power of attorney
Independent contractors - employees
43. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Instances under which an offer lapses
Noncompetition/nonsolicitation clauses
Passing off
44. Alcohol misuse under the Liquor License Act
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.
4 items that should be included in the job description
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The parol evidence rule
45. Amount added on to a usual charge for a specific product - purpose - or service.
Players in the legal system
Surcharge
John Humphrey
Habeas corpus
46. A plaintiff is partly or solely the cause of his or her own injury
General damages
Negligence
Defenses to intentional Torts
Contributory negligence
47. Defaming a business - a product or a property rather than a person.
Res ipsa loquitar
Duty to mitigate
Vicarious Liability
Injurious Falsehood
48. When 50 or more employees are laid off within 2 months.
Group termination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Municipal government
Infra hospitium
49. List the 4 conditions of adverse possession. (squatter's rights)
General - Punitive - Exemplary
Good Samaritan Legislation
Open and notorious - unchallenged - exclusive - continuous
Exceptions to the privity of contract rule
50. Selling accounts receivable at a discount.
Slander and Libel
Res ipsa loquitar
Summary conviction - indictable - and hybrid
Factoring