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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. Damages imposed to make an example of the wrongdoer
Intentional - Unintentional
Exemplary damages
Substantive Law
Damages that are imposed to punish and to make an example of the offending party
2. Spoken and written defamation
Slander and Libel
Defamation
To 'perfect' a lien
Option
3. Independent contractors and employees.
Absolute liability
Non est factum
The items that should be included in a job description
The 2 classes of servants
4. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Unconscionable transactions
Agent
Natural Law
5. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Thin Skull Rule
Floating charge
Arraignment
Passing off
6. 'It stands decided'
Stare decisis
'The thing speaks for itself'
General - Punitive - Exemplary
Trademark infringement
7. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Repudiation - Sabotage - Failure to perform
Quantum merits
Landlord-tenant
8. Another word for 'reafian'?
Reiver
The parol evidence rule
Shareholders - board of directors - statutory officers - employees - and creditors
Breach of contract
9. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Option
Absolute liability
Reiver
Quantum meruit
10. What are three ways a contract is breached
Option
Equitable estoppel
Repudiation - Sabotage - Failure to perform
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
11. 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?
Power of Attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Breach of contract
Intentional - Unintentional
12. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Agent
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
General - Punitive - Exemplary
Types of contracts which must be in writing
13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Res ipsa loquitar
Exceptions to the privity of contract rule
Natural Law
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
14. The division of law associated with interpersonal matters
Private law
Amortization
Thin Skull Rule
'The thing speaks for itself'
15. What is the maximum weekly EI benefit?
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16. Which of the following rights does the Charter guarantee only to citizens of Canada
The 2 classes of servants
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Democratic rights to vote or run for election
17. Laws duly enacted by a person or body having the authority to enact and enforce them.
The kinds of misrepresentation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Positive law
Vicarious liability
18. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Specific deterrence - general deterrence - rehabilitation - protection of the public
Positive law
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
19. What are the three exceptions to the common law absolute liability rule.
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20. Legal responsibility for the negligence of another person
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.
Vicarious liability
98%
The items that should be included in a job description
21. 3 types of business structures.
Democratic rights to vote or run for election
Proximate cause of the injury
Contributory negligence
Sole proprietorship - partnership - and corporations
22. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Acts of God - acts of a public enemy - guests' own negligence
The 4 principles of Equal Pay legislation
Injurious Falsehood
23. A plaintiff is partly or solely the cause of his or her own injury
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Duty to mitigate
Contributory negligence
Invitation to treat
24. 2 classes of servants.
Private law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Independent contractors - employees
Section 33 of the Charter
25. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Open and notorious - unchallenged - exclusive - continuous
Intentional - Unintentional
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
26. Allows a legislation to override the Charter
Infra hospitium
Quantum merits
6 primary purposes of tort law
Section 33 of the Charter
27. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Exceptions to the privity of contract rule
Quantum meruit
Equitable estoppal
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
28. A plaintiff is partly or solely the cause of his or her own injury.
Fiduciary Duty
Contributory negligence
Repudiation - sabotage - failure to perform
Breach of contract
29. 'Reasonable worth of the good'
Merit
Quantum meruit
Section 33 of the Charter
1) in the office - 2) every guestroom - and 3) public rooms (area).
30. What would a careful - thoughtful person in the same circumstances have done
98%
Absolute liability
Reasonable Person Test
'The thing speaks for itself'
31. A symbol - word - name or device used to identify or signify a company or its product.
Creed
Good Samaritan Legislation
The owner
Trade mark
32. Law created by a person or body with authority to enact and enforce it
Democratic rights to vote or run for election
Proximate cause of the injury
The items that should be included in a job description
Positive Law
33. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Gratuitous bailment
Reasons a contract may be impeached
The parol evidence rule
Price fixing
34. Guilty act in Latin.
Actus reus
Shareholders - board of directors - statutory officers - employees - and creditors
Sunset Clause
Invitation to treat
35. What are the 5 tiers of the corporate structure.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reasons a contract may be impeached
Shareholders - board of directors - statutory officers - employees - and creditors
Absolute liability
36. Fundamental freedoms in Section 2 of the Charter
Unilateral Contract
Bona fide occupational requirement
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasons a contract may be impeached
37. An agreement by an offeror to leave an offer open for a specified period of time
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exceptions to the privity of contract rule
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.
Option
38. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Habeas corpus
Res ipsa loquitar
Sunset Clause
Personal and real
39. List remedies one would expect when a contract is breached
Innocent - negligent - fraudulent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Intentional - Unintentional
E. Coli
40. Res ipsa loquitur
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41. Two types of negligence
Intentional - Unintentional
Passing off
Gratuitous bailment
Intentional torts
42. Regulation - deterrence - compensation - dispute resolution - education and prevention
Unilateral Contract
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
6 primary purposes of tort law
Section 33 of the Charter
43. Amount added on to a usual charge for a specific product - purpose - or service.
Exceptions to the privity of contract rule
Surcharge
Four purpose of sentencing
Gratuitous Promise
44. Accommodations that are not considered 'inns'.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Boarding house - a rooming house - homes for seniors - and time-share arrangements
By Performance - By Agreement - By Frustration - By Operation of law
Contributory negligence
45. Author of the 1948 Universal Declaration of Human Rights
1) in the office - 2) every guestroom - and 3) public rooms (area).
Fiduciary Duty
John Humphrey
Salmonella
46. What must be established to substantiate a claim for bailment?
Reiver
Factoring
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
Sunset Clause
47. In a criminal procedure list the 3 types of offenses
Land - buildings - fixtures
Summary conviction (minor) - indictable (serious) - hybrid
Habeas corpus
Shareholders - board of directors - statutory officers - employees - and creditors
48. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Acts of God - acts of a public enemy - guests' own negligence
Land - buildings - fixtures
Actus reus and Mens rea
49. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Trade mark
Non delegable duty
Intentional torts
Option
50. It is not my deed
To 'perfect' a lien
Non est factum
98%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals