Test your basic knowledge |

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. This relationship exists when one person has the power to affect another person's property or legal interests
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.
Defamation
Surcharge
Fiduciary Duty

2. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Disclaimer
Defenses to intentional Torts

3. What are the three kinds of misrepresentation?
6 primary purposes of tort law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sunset Clause
Innocent - negligent - fraudulent

4. Discrimination that is actually encouraged in our society
6 primary purposes of tort law
Reasons a contract may be impeached
Merit
Independent contractors - employees

5. The exchange of benefits; the price a party pays for the promise
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The owner
Municipal government
Consideration

6. The plaintiff has been injured upon the result of his own negligence
Arraignment
Vicarious liability
Reasons a contract may be impeached
Contributory Negligence

7. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Habeas corpus
Price fixing
Substantive Law

8. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Factoring
Substantive Law
Non est factum

9. In a criminal procedure list the 3 types of offenses
Intentional - Unintentional
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.
Summary conviction (minor) - indictable (serious) - hybrid
Players in the legal system

10. Who owns mislaid property?
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform
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
The owner

11. 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.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Theft of services
Bona fide occupational requirement

12. What are the 3 types of bailment?
'The thing speaks for itself'
Unilateral Contract
Non est factum
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

13. Division of Lower Provincial Courts
Theft of services
Power of Attorney
Criminal - Family - Youth - Small claims court
Amortization

14. 'Reasonable worth of the good'
Quantum meruit
Acts of God - acts of a public enemy - guests' own negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
John Humphrey

15. Law based on moral - religious or philosophical grounds
Absolute liability
Natural Law
Constitution
General - Punitive - Exemplary

16. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Stare decisis
Negligence
Passing off
The items that should be included in a job description

17. What does real property include?
The items that should be included in a job description
Land - buildings - fixtures
4 items that should be included in the job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

18. Two kinds of negligence
Intentional - Unintentional
Consideration
Ultra vires
Lie flat to distribute the force of the impact

19. 5 possible consequences if you default on your mortgage?
Infra hospitium
Defenses to intentional Torts
Exceptions to the privity of contract rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

20. The period of time required to pay off the principal completely at a set interest rate.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Amortization
Arraignment
The items that should be included in a job description

21. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Infra hospitium
Duty to mitigate
Surcharge
Merit

22. Which of the following rights does the Charter guarantee only to citizens of Canada
1) in the office - 2) every guestroom - and 3) public rooms (area).
Contributory negligence
Democratic rights to vote or run for election
Proximate cause of the injury

23. When a contract is breached - the injured party must do What is required to limit the losses they suffer
The owner
Intentional - Unintentional
Duty to mitigate
Natural Law

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?
Private law
Mens rea
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Breach of contract

25. 3 types of offenses in a criminal procedure
John Humphrey
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid
Negligent Misrepresentation

26. How can an employer escape alcohol misuse liability?
98%
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.
Easement
Contributory negligence

27. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
The 4 principles of Equal Pay legislation
Fiduciary Duty
Lie flat to distribute the force of the impact
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

28. Defaming a business - a product or a property rather than a person.
Option
To 'perfect' a lien
Injurious Falsehood
Summary conviction - indictable - and hybrid

29. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Mens rea
Salmonella
Landlord-tenant

30. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Equitable estoppal
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Positive law

31. It is not my deed
Non est factum
Acts of God - acts of a public enemy - guests' own negligence
Land - buildings - fixtures
Common - mutual and unilateral.

32. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
The items that should be included in a job description
51% or 52%
Duty to mitigate

33. Latin for 'the thing speaks for itself'
Summary conviction - indictable - and hybrid
Reasons a contract may be impeached
Res ipsa loquitar
Contributory negligence

34. The publication of a false statement about someone either verbally or in writing which damages their reputation
John Humphrey
Natural Law
Defamation
$413 or 55% of the claimant's average insured earnings (whichever is less)

35. 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
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Consideration
Consideration
Ultra vires

36. First stage in a criminal court procedure
Arraignment
Contributory Negligence
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid

37. Res ipsa loquitur

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

38. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Instances under which an offer lapses
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
Disclaimer
Types of contracts which must be in writing

39. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Parol Evidence Rule
Passing off
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Breach of contract

40. Promises made without consideration
Proximate cause of the injury
Unconscionable transactions
Gratuitous Promise
Actus reus and Mens rea

41. Author of the Universal Declaration of Human Rights
John Humphrey
Legal realism
Democratic rights to vote or run for election
Express deposit

42. Three types of intangibles
4 items that should be included in the job description
420 to 700 hours depending on the regional unemployment rate
Non est factum
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

43. Latin for guilty act and guilty mind
Express deposit
The parol evidence rule
Habeas corpus
Actus reus and Mens rea

44. Selling accounts receivable at a discount.
Equity financing - debt financing - sale of assets
Defamation
Factoring
Passing off

45. Division of law that defines rights and remedies
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The 2 classes of servants
Substantive Law
Specific deterrence - general deterrence - rehabilitation - protection of the public

46. Beyond a reasonable doubt is what probability
Sunset Clause
Consideration
98%
Contributory negligence

47. Damages imposed to make an example of the wrongdoer
To 'perfect' a lien
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Exemplary damages
Mens rea

48. List the 4 conditions of adverse possession. (squatter's rights)
Acts of God - acts of a public enemy - guests' own negligence
Open and notorious - unchallenged - exclusive - continuous
Land - buildings - fixtures
Habeas corpus

49. 5 reasons for evicting a guest.
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.
Merit
Summary conviction - Indictable - Hybrid
Sunset Clause

50. A right to use another's land for a specific purpose.
Power of attorney
Easement
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
Mens rea