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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. 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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Fiduciary Duty
Players in the legal system
Absolute liability
2. Conditions for rightful dismissal.
Easement
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
98%
Exemplary damages
3. 'It stands decided'
Nepotism
Stare decisis
Non delegable duty
Summary conviction (minor) - indictable (serious) - hybrid
4. Discrimination that is actually encouraged in our society
Damages that are imposed to punish and to make an example of the offending party
Merit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Vicarious liability
5. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Non est factum
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
By Performance - By Agreement - By Frustration - By Operation of law
Negligence
Absolute liability
Discoveries Stage
7. List the 4 conditions of adverse possession. (squatter's rights)
Defenses to intentional Torts
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.
Open and notorious - unchallenged - exclusive - continuous
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
8. In a criminal procedure list the 3 types of offenses
Actus reus and Mens rea
Trade mark
The 4 principles of Equal Pay legislation
Summary conviction (minor) - indictable (serious) - hybrid
9. Use of another company's business name or logo without permission.
Trademark infringement
Non est factum
98%
Section 33 of the Charter
10. What are three ways a contract is breached
The 2 classes of servants
Repudiation - Sabotage - Failure to perform
Prima facie
Intentional - Unintentional
11. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Substantive Law
Constitution
Duty to mitigate
Uttering
12. Another word for 'reafian'?
Equitable estoppel
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Instances under which an offer lapses
Reiver
13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Summary conviction - Indictable - Hybrid
Negligence
Exceptions to the privity of contract rule
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. Legal responsibility for the negligence of another person
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Vicarious liability
Thin Skull Rule
Exceptions to the privity of contract rule
15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Consideration
Salmonella
Reasons a contract may be impeached
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
16. What are three ways a contract is breached?
Fiduciary Duty
Res ipsa loquitar
6 primary purposes of tort law
Repudiation - sabotage - failure to perform
17. When 50 or more employees are laid off within 2 months.
Creed
Vicarious liability
Exceptions to the privity of contract rule
Group termination
18. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
General damages
The parol evidence rule
The items that should be included in a job description
Notary
19. Latin term for 'It is not my deed
Prima facie
Negligence Per se
Non est factum
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
20. 5 possible consequences if you default on your mortgage?
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Food and Drugs Act
Infra hospitium
21. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Quantum meruit
Floating charge
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Good Samaritan Legislation
22. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reasonable Person Test
Bona fide occupational requirement
Unconscionable transactions
23. What are the 3 ways employment can be terminated?
Unilateral Contract
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasons a contract may be impeached
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
24. Innocent - negligent and fraudulent
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Absolute liability
The kinds of misrepresentation
25. Guilty act in Latin.
John Humphrey
Actus reus
Intentional - Unintentional
Floating charge
26. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Exceptions to the privity of contract rule
Quantum meruit
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
27. Regulation - deterrence - compensation - dispute resolution - education and prevention
Proximate cause of the injury
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Good Samaritan Legislation
6 primary purposes of tort law
28. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Independent contractors - employees
John Humphrey
Stare decisis
Types of contracts which must be in writing
29. A symbol - word - name or device used to identify or signify a company or its product.
Theft of services
Trade mark
Unconscionable transactions
Arraignment
30. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Types of contracts which must be in writing
Natural Law
Actus reus
31. Within the walls of the inn
Noncompetition/nonsolicitation clauses
Summary conviction (minor) - indictable (serious) - hybrid
Infra hospitium
Private law
32. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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33. Three types of intangibles
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Land - buildings - fixtures
34. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Vicarious liability
Option
35. Latin term for within or on the premises of the inn (extension of the inn).
Parol Evidence Rule
Repudiation - Sabotage - Failure to perform
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Infra hospitium
36. A restriction placed on some aspect of land use.
Negligence
Substantive Law
Restrictive covenant
Factoring
37. When a contract is breached - the injured party must do What is required to limit the losses they suffer
1) in the office - 2) every guestroom - and 3) public rooms (area).
Instances under which an offer lapses
Duty to mitigate
Equitable estoppel
38. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Shareholders - board of directors - statutory officers - employees - and creditors
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Injurious Falsehood
39. Food Poisoning from chicken
Passing off
Defenses to intentional Torts
Salmonella
Section 33 of the Charter
40. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
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.
Equitable estoppal
Instances under which an offer lapses
Sole proprietorship - partnership - and corporations
41. The plaintiff has been injured upon the result of his own negligence
Lie flat to distribute the force of the impact
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Open and notorious - unchallenged - exclusive - continuous
Contributory Negligence
42. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Legal realism
51% or 52%
John Humphrey
Sunset Clause
43. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Merit
Four purpose of sentencing
Landlord-tenant
Unconscionable transactions
44. 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.
Repudiation - Sabotage - Failure to perform
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Infra hospitium
Theft of services
45. Latin for 'the thing speaks for itself'
Defamation
Res ipsa loquitar
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Quantum meruit
46. A right to use another's land for a specific purpose.
Independent contractors - employees
Easement
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Natural Law
47. What does BFOR stand for?
Sunset Clause
Municipal government
Bona fide occupational requirement
Amortization
48. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Thin Skull Rule
Floating charge
Habeas corpus
49. Law is whatever judges say it is...
Legal realism
Constitution
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Mens rea
50. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Express deposit
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
Thin Skull Rule
Non delegable duty