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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. Two types of negligence
Exceptions to the privity of contract rule
Intentional - Unintentional
Power of attorney
Option
2. The publication of a false statement about someone either verbally or in writing which damages their reputation
Price fixing
Defamation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Reasonable Person Test
3. 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
Fiduciary Duty
Disclaimer
Arraignment
4. Use of another company's business name or logo without permission.
Trademark infringement
Salmonella
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
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
5. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Municipal government
Instances under which an offer lapses
Absolute liability
6. Law based on moral - religious or philosophical grounds
Easement
Natural Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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
7. What are three ways a contract is breached?
Noncompetition/nonsolicitation clauses
Repudiation - sabotage - failure to perform
Exemplary damages
Fiduciary Duty
8. 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?
John Humphrey
Breach of contract
4 items that should be included in the job description
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
9. Author of the Universal Declaration of Human Rights in 1948?
Section 33 of the Charter
Quantum meruit
John Humphrey
Gratuitous Promise
10. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate
Price fixing
Power of Attorney
11. List the 4 conditions of adverse possession. (squatter's rights)
Absolute liability
Intentional - Unintentional
Open and notorious - unchallenged - exclusive - continuous
Duty to mitigate
12. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
4 items that should be included in the job description
Restrictive covenant
Easement
13. 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
Innocent - negligent - fraudulent
Invitation to treat
Power of Attorney
Vicarious Liability
14. This person acts on behalf of the principal
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Agent
The kinds of misrepresentation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
15. Division of law that defines rights and remedies
Substantive Law
Merit
Unilateral Contract
The kinds of misrepresentation
16. Latin term for 'On the face of it'.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Constitution
Positive law
Prima facie
17. Res ipsa loquitur
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18. 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
John Humphrey
Repudiation - Sabotage - Failure to perform
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
19. Author of the 1948 Universal Declaration of Human Rights
Fiduciary Duty
Intentional - Unintentional
Royal prerogatives
John Humphrey
20. What are the three exceptions to the common law absolute liability rule.
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21. What does BFOR stand for?
Private law
By Performance - By Agreement - By Frustration - By Operation of law
Bona fide occupational requirement
Lie flat to distribute the force of the impact
22. 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.
Instances under which an offer lapses
Equitable estoppel
Summary conviction - Indictable - Hybrid
Injurious Falsehood
23. What are exemplary damages?
Intentional - Unintentional
1) in the office - 2) every guestroom - and 3) public rooms (area).
Equitable estoppal
Damages that are imposed to punish and to make an example of the offending party
24. The price a party pays for the promise.
Fiduciary Duty
Quantum merits
Uttering
Consideration
25. Legislators - judges - jurors - lawyers - clients and police
1) in the office - 2) every guestroom - and 3) public rooms (area).
Duty to mitigate
Players in the legal system
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
26. Bailment for the sole benefit of the bailor.
Players in the legal system
Specific deterrence - general deterrence - rehabilitation - protection of the public
Mens rea
Gratuitous bailment
27. Latin for guilty act and guilty mind
Personal and real
Actus reus and Mens rea
Quantum merits
Group termination
28. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Mens rea
John Humphrey
Gratuitous Promise
Power of Attorney
29. Which of the following rights does the Charter guarantee only to citizens of Canada
Slander and Libel
Democratic rights to vote or run for election
The parol evidence rule
Open and notorious - unchallenged - exclusive - continuous
30. Law created by a person or body with authority to enact and enforce it
Habeas corpus
Vicarious Liability
Positive Law
Proximate cause of the injury
31. Legal responsibility for the negligence of another person
Vicarious liability
Duty to mitigate
Mens rea
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
32. You shall have the body
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Restrictive covenant
Positive Law
Habeas corpus
33. 5 reasons for evicting a guest.
Reasonable Person Test
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.
Vicarious Liability
Shareholders - board of directors - statutory officers - employees - and creditors
34. Spoken and written defamation
Disclaimer
Personal and real
Slander and Libel
Good Samaritan Legislation
35. When the public is misled into believing that one company's goods or services are those a similar brand or product
Unilateral Contract
Fiduciary Duty
Noncompetition/nonsolicitation clauses
Passing off
36. An agreement by an offeror to leave an offer open for a specified period of time
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
Option
37. 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.
John Humphrey
Theft of services
420 to 700 hours depending on the regional unemployment rate
Four purpose of sentencing
38. Innocent - negligent and fraudulent
The kinds of misrepresentation
Amortization
Land - buildings - fixtures
Bona fide occupational requirement
39. 5 possible consequences if you default on your mortgage?
Criminal - Family - Youth - Small claims court
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability
Vicarious liability
40. What are the 5 tiers of the corporate structure.
Price fixing
Discoveries Stage
Democratic rights to vote or run for election
Shareholders - board of directors - statutory officers - employees - and creditors
41. The most difficult element of negligence to prove
Intentional - Unintentional
Proximate cause of the injury
Stare decisis
Gratuitous bailment
42. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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43. Damages are awarded to compensate the injured party
General damages
The 2 classes of servants
Floating charge
Non delegable duty
44. In a criminal procedure list the 3 types of offenses
Injurious Falsehood
Habeas corpus
Summary conviction (minor) - indictable (serious) - hybrid
51% or 52%
45. List remedies one would expect when a contract is breached
Proximate cause of the injury
Notary
Shareholders - board of directors - statutory officers - employees - and creditors
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
46. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Repudiation - sabotage - failure to perform
Natural Law
Damages that are imposed to punish and to make an example of the offending party
Food and Drugs Act
47. When two or more suppliers conspire to set prices.
Option
The owner
The 2 classes of servants
Price fixing
48. Food poisoning from hamburger
Common - mutual and unilateral.
E. Coli
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
49. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Consideration
Intentional torts
Unconscionable transactions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
50. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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.
Land - buildings - fixtures