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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. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Exceptions to the privity of contract rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
2. Latin term for 'On the face of it'.
Prima facie
Discoveries Stage
Landlord-tenant
Trade mark
3. Discrimination that is actually encouraged in our society
Contributory negligence
Surcharge
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence
4. What is the maximum weekly EI benefit?
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5. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Independent contractors - employees
Absolute liability
Prima facie
Duty to mitigate
6. 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.
Thin Skull Rule
Vicarious liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Intentional torts
7. Political - religious beliefs - and affiliations
Quantum merits
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Creed
Theft of services
8. Law based on moral - religious or philosophical grounds
Natural Law
Group termination
Factoring
Repudiation - sabotage - failure to perform
9. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Natural Law
Exceptions to the privity of contract rule
Summary conviction (minor) - indictable (serious) - hybrid
Intentional - Unintentional
10. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Noncompetition/nonsolicitation clauses
Discoveries Stage
Defenses to intentional Torts
Thin Skull Rule
11. 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.
E. Coli
Breach of contract
Noncompetition/nonsolicitation clauses
Actus reus and Mens rea
12. list 4 elements of bailment
Gratuitous bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
13. Author of the 1948 Universal Declaration of Human Rights
Players in the legal system
John Humphrey
Exceptions to the privity of contract rule
Non est factum
14. An advertisement is an example of this... lets people know that you are ready to accept offers
Section 33 of the Charter
Salmonella
Invitation to treat
Merit
15. Once a contract is written - it cannot be changed without consent of both parties.
Contributory negligence
Exceptions to the privity of contract rule
Section 33 of the Charter
The parol evidence rule
16. The most difficult element of negligence to prove
420 to 700 hours depending on the regional unemployment rate
Proximate cause of the injury
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.
17. Minimum amount of hours needed to be eligible for EI benefits.
Stare decisis
John Humphrey
Vicarious liability
420 to 700 hours depending on the regional unemployment rate
18. Four methods to prevent potential legal action against your business.
Price fixing
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Criminal - Family - Youth - Small claims court
The items that should be included in a job description
19. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Exceptions to the privity of contract rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Absolute liability
General - Punitive - Exemplary
20. 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
Power of attorney
The kinds of misrepresentation
Vicarious Liability
Food and Drugs Act
21. 'To have the body'
Good Samaritan Legislation
Passing off
Injurious Falsehood
Habeas corpus
22. List 3 ways to finance a new or existing business.
Absolute liability
Equity financing - debt financing - sale of assets
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Passing off
23. Another word for 'reafian'?
Bona fide occupational requirement
Reiver
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Acts of God - acts of a public enemy - guests' own negligence
24. Under contract law - list the three types of mistake the law recognizes.
Four purpose of sentencing
Intentional torts
Habeas corpus
Common - mutual and unilateral.
25. What are exemplary damages?
The 4 principles of Equal Pay legislation
Passing off
Damages that are imposed to punish and to make an example of the offending party
Section 33 of the Charter
26. What are three ways a contract is breached
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Repudiation - Sabotage - Failure to perform
Infra hospitium
Food and Drugs Act
27. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Vicarious Liability
Thin Skull Rule
$413 or 55% of the claimant's average insured earnings (whichever is less)
28. What are the three kinds of misrepresentation?
John Humphrey
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
Innocent - negligent - fraudulent
Neighbour principle
29. Independent contractors and employees.
General damages
The 2 classes of servants
Quantum merits
Summary conviction - indictable - and hybrid
30. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Option
Shareholders - board of directors - statutory officers - employees - and creditors
Discoveries Stage
31. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
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
Equitable estoppel
Negligent Misrepresentation
32. Surviving a falling elevator
Nepotism
Consideration
Summary conviction - Indictable - Hybrid
Lie flat to distribute the force of the impact
33. A promise for an action
Defenses to intentional Torts
Unilateral Contract
Actus reus and Mens rea
The 4 principles of Equal Pay legislation
34. The division of law associated with interpersonal matters
Option
Equitable estoppal
Private law
Consideration
35. The amount he merits
Quantum merits
Landlord-tenant
Habeas corpus
Private law
36. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Land - buildings - fixtures
Types of contracts which must be in writing
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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.
Quantum meruit
Res ipsa loquitar
Theft of services
Surcharge
38. What must be established to substantiate a claim for bailment?
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
Prima facie
The parol evidence rule
39. You shall have the body
Habeas corpus
Equitable estoppel
The owner
Intentional - Unintentional
40. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Salmonella
Consideration
Land - buildings - fixtures
Express deposit
41. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Damages that are imposed to punish and to make an example of the offending party
Invitation to treat
Habeas corpus
42. 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
420 to 700 hours depending on the regional unemployment rate
Negligent Misrepresentation
Gratuitous Promise
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
43. Two types of negligence
4 items that should be included in the job description
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional - Unintentional
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
44. Favoritism granted to relatives or friends regardless of merit
Res ipsa loquitar
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Nepotism
Passing off
45. How contracts can be discharged
Private law
Defamation
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
By Performance - By Agreement - By Frustration - By Operation of law
46. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
General damages
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reiver
47. 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.
Equitable estoppel
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Independent contractors - employees
Contributory Negligence
48. A right to use another's land for a specific purpose.
Res ipsa loquitar
Non est factum
Easement
Contributory negligence
49. Latin for guilty act and guilty mind
Specific deterrence - general deterrence - rehabilitation - protection of the public
Substantive Law
Restrictive covenant
Actus reus and Mens rea
50. 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?
Repudiation - sabotage - failure to perform
Restrictive covenant
Discoveries Stage
Breach of contract