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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. Guilty mind.
Agent
Democratic rights to vote or run for election
1) in the office - 2) every guestroom - and 3) public rooms (area).
Mens rea

2. An agreement by an offeror to leave an offer open for a specified period of time
Option
General damages
Innocent - negligent - fraudulent
Salmonella

3. Author of the Universal Declaration of Human Rights
Lie flat to distribute the force of the impact
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
John Humphrey
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

4. What are the five stages of a civil action?
Absolute liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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
Negligence

5. Defaming a business - a product or a property rather than a person.
Reasonable Person Test
Gratuitous Promise
Prima facie
Injurious Falsehood

6. Favoritism granted to relatives or friends regardless of merit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Nepotism
Positive law
Summary conviction - indictable - and hybrid

7. The division of law associated with interpersonal matters
Private law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Factoring
Royal prerogatives

8. Most difficult element of negligence to prove
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Vicarious Liability
Positive Law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

9. The price a party pays for the promise.
Land - buildings - fixtures
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.
Slander and Libel
Consideration

10. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Power of Attorney
John Humphrey
Fiduciary Duty

11. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Royal prerogatives
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

12. what are the four purposes of sentencing?
Duty to mitigate
Duty to mitigate
Trade mark
Specific deterrence - general deterrence - rehabilitation - protection of the public

13. Damages imposed to make an example of the wrongdoer
Merit
General damages
Surcharge
Exemplary damages

14. The exchange of benefits; the price a party pays for the promise
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Express deposit
By Performance - By Agreement - By Frustration - By Operation of law
Consideration

15. Surviving a falling elevator
420 to 700 hours depending on the regional unemployment rate
Lie flat to distribute the force of the impact
Legal realism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

16. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Summary conviction - indictable - and hybrid
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Exemplary damages

17. Spoken and written defamation
Slander and Libel
Invitation to treat
Consideration
Passing off

18. Division of law that defines rights and remedies
Price fixing
Substantive Law
Personal and real
Equitable estoppal

19. What are the 3 types of bailment?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
John Humphrey
Negligent Misrepresentation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

20. Law is whatever judges say it is...
Legal realism
Specific deterrence - general deterrence - rehabilitation - protection of the public
Habeas corpus
Defamation

21. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
John Humphrey
Good Samaritan Legislation
Express deposit
Contributory Negligence

22. When the police do not need a warrant to search your residence and/or business?
Negligence Per se
Land - buildings - fixtures
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Amortization

23. Law based on moral - religious or philosophical grounds
Uttering
Factoring
Natural Law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

24. Another word for 'reafian'?
Injurious Falsehood
Reiver
420 to 700 hours depending on the regional unemployment rate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

25. Alcohol misuse under the Liquor License Act
Contributory negligence
Positive Law
Contributory Negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

26. Conditions for rightful dismissal.
Exemplary damages
John Humphrey
Salmonella
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Uttering
Quantum meruit
Equitable estoppal
Exceptions to the privity of contract rule

28. 3 types of offenses in a criminal procedure
The 2 classes of servants
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Salmonella

29. What does real property include?
Intentional - Unintentional
Land - buildings - fixtures
Equitable estoppel
Summary conviction (minor) - indictable (serious) - hybrid

30. Accommodations that are not considered 'inns'.
The owner
Non delegable duty
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

31. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
98%
Negligence Per se
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
E. Coli

32. What are the three kinds of misrepresentation?
The parol evidence rule
Unilateral Contract
Innocent - negligent - fraudulent
Amortization

33. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
The 4 principles of Equal Pay legislation
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reasons a contract may be impeached

34. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Sole proprietorship - partnership - and corporations
Express deposit
Disclaimer
Players in the legal system

35. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Duty to mitigate
John Humphrey
Passing off

36. Author of the 1948 Universal Declaration of Human Rights
Surcharge
John Humphrey
Prima facie
Negligence Per se

37. List the 4 conditions of adverse possession. (squatter's rights)
The kinds of misrepresentation
Creed
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Open and notorious - unchallenged - exclusive - continuous

38. List the 3 subtle signs of intoxication.
The parol evidence rule
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration
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

39. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Negligence Per se
Equitable estoppal
Neighbour principle

40. 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.
Agent
Mens rea
Equitable estoppel
Floating charge

41. Who owns mislaid property?
The owner
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Discoveries Stage
6 primary purposes of tort law

42. Res ipsa loquitur

43. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Invitation to treat
Trade mark
Financial disloyalty - falsified qualifications - gross and continuing incompetence

44. Amount added on to a usual charge for a specific product - purpose - or service.
John Humphrey
Exceptions to the privity of contract rule
Absolute liability
Surcharge

45. 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.
Exemplary damages
Theft of services
Amortization
Option

46. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Actus reus and Mens rea
Landlord-tenant
Defamation

47. 2 classes of servants.
'The thing speaks for itself'
Invitation to treat
Independent contractors - employees
Personal and real

48. What are the 3 ways employment can be terminated?
E. Coli
Positive Law
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

49. Latin for guilty act and guilty mind
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious liability
Exceptions to the privity of contract rule
Actus reus and Mens rea

50. What are the 5 tiers of the corporate structure.
Innocent - negligent - fraudulent
Disclaimer
John Humphrey
Shareholders - board of directors - statutory officers - employees - and creditors