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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. What are the three exceptions to the common law absolute liability rule.
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2. What are the 3 types of bailment?
The parol evidence rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Negligent Misrepresentation
Common - mutual and unilateral.
3. 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?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory Negligence
Acts of God - acts of a public enemy - guests' own negligence
Breach of contract
4. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Injurious Falsehood
Reasons a contract may be impeached
Express deposit
Nepotism
5. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Noncompetition/nonsolicitation clauses
Reiver
Types of contracts which must be in writing
Agent
6. What must be established to substantiate a claim for bailment?
Duty to mitigate
Arraignment
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
Common - mutual and unilateral.
7. The division of law associated with interpersonal matters
Open and notorious - unchallenged - exclusive - continuous
Private law
Theft of services
Notary
8. Guilty mind.
Legal realism
Repudiation - Sabotage - Failure to perform
Mens rea
4 items that should be included in the job description
9. Beyond a reasonable doubt is what probability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Section 33 of the Charter
98%
Fiduciary Duty
10. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Disclaimer
Bona fide occupational requirement
Exceptions to the privity of contract rule
11. Law based on moral - religious or philosophical grounds
Damages that are imposed to punish and to make an example of the offending party
Equitable estoppal
Land - buildings - fixtures
Natural Law
12. Alcohol misuse under the Liquor License Act
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Repudiation - sabotage - failure to perform
Innocent - negligent - fraudulent
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
13. The exchange of benefits; the price a party pays for the promise
Parol Evidence Rule
Consideration
Equity financing - debt financing - sale of assets
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
14. Damages imposed to make an example of the wrongdoer
Lie flat to distribute the force of the impact
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Noncompetition/nonsolicitation clauses
Exemplary damages
15. Author of the Universal Declaration of Human Rights
Disclaimer
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.
John Humphrey
Uttering
16. A plaintiff is partly or solely the cause of his or her own injury.
Damages that are imposed to punish and to make an example of the offending party
Municipal government
6 primary purposes of tort law
Contributory negligence
17. 3 types of business structures.
Option
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Fiduciary Duty
Sole proprietorship - partnership - and corporations
18. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Legal realism
Factoring
Municipal government
19. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Bona fide occupational requirement
Negligence Per se
Exceptions to the privity of contract rule
Vicarious Liability
20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Substantive Law
Food and Drugs Act
Price fixing
Quantum meruit
21. Innocent - negligent and fraudulent
Fiduciary Duty
Unconscionable transactions
Disclaimer
The kinds of misrepresentation
22. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Agent
Vicarious liability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
23. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
By Performance - By Agreement - By Frustration - By Operation of law
Constitution
Prima facie
Good Samaritan Legislation
24. First stage in a criminal court procedure
Unconscionable transactions
Habeas corpus
To 'perfect' a lien
Arraignment
25. The amount he merits
Duty to mitigate
To 'perfect' a lien
Quantum merits
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.
26. This person acts on behalf of the principal
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Agent
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
27. Laws duly enacted by a person or body having the authority to enact and enforce them.
The owner
Positive law
To 'perfect' a lien
Negligence Per se
28. This relationship exists when one person has the power to affect another person's property or legal interests
4 items that should be included in the job description
Instances under which an offer lapses
Fiduciary Duty
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.
29. Balance of probability needed to win a civil case
Fiduciary Duty
Contributory negligence
Constitution
51% or 52%
30. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Equity financing - debt financing - sale of assets
31. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Contributory negligence
Ultra vires
Positive law
Invitation to treat
32. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Unconscionable transactions
Trademark infringement
Municipal government
33. Two types of negligence
Absolute liability
Intentional - Unintentional
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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
34. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Stare decisis
Instances under which an offer lapses
Intentional - Unintentional
Defamation
35. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule
Common - mutual and unilateral.
Neighbour principle
36. Three types of offences
Ultra vires
Summary conviction - indictable - and hybrid
Negligence Per se
Exemplary damages
37. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Arraignment
Stare decisis
Substantive Law
38. 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.
Natural Law
Non est factum
Theft of services
Equity financing - debt financing - sale of assets
39. What does real property include?
Discoveries Stage
Instances under which an offer lapses
Trademark infringement
Land - buildings - fixtures
40. The period of time required to pay off the principal completely at a set interest rate.
Discoveries Stage
Amortization
Damages that are imposed to punish and to make an example of the offending party
Substantive Law
41. Law is whatever judges say it is...
Creed
E. Coli
Legal realism
Theft of services
42. Once a contract is written - it cannot be changed without consent of both parties.
Passing off
The parol evidence rule
Non est factum
Defenses to intentional Torts
43. A symbol - word - name or device used to identify or signify a company or its product.
6 primary purposes of tort law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Trade mark
Actus reus and Mens rea
44. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Nepotism
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Sunset Clause
45. Amount added on to a usual charge for a specific product - purpose - or service.
Power of Attorney
Surcharge
Arraignment
Private law
46. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Infra hospitium
Uttering
Merit
6 primary purposes of tort law
47. How contracts can be discharged
Fiduciary Duty
Passing off
By Performance - By Agreement - By Frustration - By Operation of law
Passing off
48. Damages are awarded to compensate the injured party
Intentional - Unintentional
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General damages
49. Conditions for rightful dismissal.
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Discoveries Stage
50. Spoken and written defamation
Slander and Libel
Proximate cause of the injury
Open and notorious - unchallenged - exclusive - continuous
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