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 person acts on behalf of the principal
Unconscionable transactions
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Agent

2. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Reasonable Person Test
Types of contracts which must be in writing
Invitation to treat
Uttering

3. Guilty mind.
The 4 principles of Equal Pay legislation
Mens rea
Restrictive covenant
Power of Attorney

4. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Creed
Express deposit
Sunset Clause
Fiduciary Duty

5. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Four purpose of sentencing
Trade mark

6. what are the four purposes of sentencing?
Non delegable duty
Specific deterrence - general deterrence - rehabilitation - protection of the public
Floating charge
Noncompetition/nonsolicitation clauses

7. Discrimination that is actually encouraged in our society
E. Coli
Repudiation - sabotage - failure to perform
Merit
Non delegable duty

8. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
General - Punitive - Exemplary
Equitable estoppal
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Fiduciary Duty

9. Which of the following rights does the Charter guarantee only to citizens of Canada
Noncompetition/nonsolicitation clauses
Democratic rights to vote or run for election
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Reasons a contract may be impeached

10. Latin term for 'On the face of it'.
Open and notorious - unchallenged - exclusive - continuous
Prima facie
Stare decisis
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.

11. Favoritism granted to relatives or friends regardless of merit
Merit
Nepotism
Infra hospitium
Absolute liability

12. List remedies one would expect when a contract is breached
Negligence
Intentional - Unintentional
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

13. Circumstances in which the authorities do not need a warrant to search your premises
Discoveries Stage
Exceptions to the privity of contract rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
John Humphrey

14. 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
Salmonella
'The thing speaks for itself'
Unilateral Contract
Power of attorney

15. This relationship exists when one person has the power to affect another person's property or legal interests
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Fiduciary Duty

16. 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
Defamation
Negligent Misrepresentation
Unconscionable transactions
Amortization

17. 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
The kinds of misrepresentation
Vicarious Liability
Equitable estoppel
Easement

18. How contracts can be discharged
1) in the office - 2) every guestroom - and 3) public rooms (area).
Amortization
By Performance - By Agreement - By Frustration - By Operation of law
6 primary purposes of tort law

19. What are the three kinds of misrepresentation?
Group termination
Innocent - negligent - fraudulent
Players in the legal system
The kinds of misrepresentation

20. Spoken and written defamation
Slander and Libel
Acts of God - acts of a public enemy - guests' own negligence
Habeas corpus
Open and notorious - unchallenged - exclusive - continuous

21. Food poisoning from hamburger
Substantive Law
Criminal - Family - Youth - Small claims court
Non delegable duty
E. Coli

22. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Thin Skull Rule
Salmonella
Absolute liability
Natural Law

23. Author of the Universal Declaration of Human Rights in 1948?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Non delegable duty
Easement
John Humphrey

24. Use of another company's business name or logo without permission.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Trademark infringement
John Humphrey
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

25. List 5/6 items employers can expect from their employees
Parol Evidence Rule
1) in the office - 2) every guestroom - and 3) public rooms (area).
Actus reus and Mens rea
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

26. A plaintiff is partly or solely the cause of his or her own injury
Criminal - Family - Youth - Small claims court
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party

27. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
'The thing speaks for itself'
Food and Drugs Act
Gratuitous Promise
Factoring

28. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Summary conviction - indictable - and hybrid
Negligence
Land - buildings - fixtures
Democratic rights to vote or run for election

29. 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.
Quantum merits
6 primary purposes of tort law
Equitable estoppel
'The thing speaks for itself'

30. When two or more suppliers conspire to set prices.
Equitable estoppel
Price fixing
Exemplary damages
Stare decisis

31. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Municipal government
Notary
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

32. List the 4 conditions of adverse possession. (squatter's rights)
Habeas corpus
Open and notorious - unchallenged - exclusive - continuous
Trademark infringement
Constitution

33. Latin for guilty act and guilty mind
The owner
Actus reus and Mens rea
Notary
Independent contractors - employees

34. The most difficult element of negligence to prove
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Proximate cause of the injury

35. Guilty act in Latin.
Power of attorney
Actus reus
The owner
Bona fide occupational requirement

36. A duty that cannot be given to someone else
Mens rea
Disclaimer
Non delegable duty
Natural Law

37. What are three ways a contract is breached
Passing off
Trade mark
Personal and real
Repudiation - Sabotage - Failure to perform

38. What does BFOR stand for?
Discoveries Stage
Noncompetition/nonsolicitation clauses
Bona fide occupational requirement
Damages that are imposed to punish and to make an example of the offending party

39. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Intentional torts
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.
Players in the legal system
Unconscionable transactions

40. Alcohol misuse under the Liquor License Act
Acts of God - acts of a public enemy - guests' own negligence
Trademark infringement
Reasonable Person Test
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

41. Law based on moral - religious or philosophical grounds
Surcharge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Natural Law

42. The price a party pays for the promise.
Thin Skull Rule
Consideration
Common - mutual and unilateral.
Intentional - Unintentional

43. Types of Damages
General - Punitive - Exemplary
Contributory negligence
51% or 52%
Absolute liability

44. Author of the Universal Declaration of Human Rights
Unconscionable transactions
John Humphrey
Positive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

45. Selling accounts receivable at a discount.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Breach of contract
General - Punitive - Exemplary
Factoring

46. Law created by a person or body with authority to enact and enforce it
Passing off
Equitable estoppel
Trade mark
Positive Law

47. Accommodations that are not considered 'inns'.
Exemplary damages
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Mens rea
Repudiation - sabotage - failure to perform

48. Conditions for rightful dismissal.
Creed
Proximate cause of the injury
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Good Samaritan Legislation

49. Latin term for within or on the premises of the inn (extension of the inn).
Negligence Per se
Prima facie
Option
Infra hospitium

50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Municipal government
Discoveries Stage
Independent contractors - employees
General damages