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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. An advertisement is an example of this... lets people know that you are ready to accept offers
Open and notorious - unchallenged - exclusive - continuous
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Invitation to treat
Theft of services
2. What are the 3 ways employment can be terminated?
Neighbour principle
Power of Attorney
Trade mark
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
3. Damages are awarded to compensate the injured party
General damages
John Humphrey
Actus reus
Landlord-tenant
4. 'To have the body'
Prima facie
Price fixing
420 to 700 hours depending on the regional unemployment rate
Habeas corpus
5. 5 reasons for evicting a guest.
6 primary purposes of tort law
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.
Players in the legal system
Actus reus
6. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Restrictive covenant
Fiduciary Duty
Types of contracts which must be in writing
7. 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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional - Unintentional
Negligent Misrepresentation
Option
8. Two types of negligence
Intentional - Unintentional
Repudiation - sabotage - failure to perform
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Merit
9. You shall have the body
Habeas corpus
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious liability
Common - mutual and unilateral.
10. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exceptions to the privity of contract rule
Intentional - Unintentional
Unilateral Contract
11. Beyond a reasonable doubt is what probability
98%
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Absolute liability
Disclaimer
12. Surviving a falling elevator
Creed
Contributory negligence
Lie flat to distribute the force of the impact
Gratuitous Promise
13. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Notary
Thin Skull Rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
14. A plaintiff is partly or solely the cause of his or her own injury
Salmonella
Proximate cause of the injury
Contributory negligence
To 'perfect' a lien
15. What are three ways a contract is breached?
Notary
Stare decisis
Easement
Repudiation - sabotage - failure to perform
16. Alcohol misuse under the Liquor License Act
Res ipsa loquitar
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consideration
Easement
17. 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?
Infra hospitium
6 primary purposes of tort law
Breach of contract
Vicarious liability
18. List 5/6 items employers can expect from their employees
Express deposit
The items that should be included in a job description
Summary conviction - Indictable - Hybrid
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
19. The price a party pays for the promise.
Consideration
Reiver
Fiduciary Duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Repudiation - Sabotage - Failure to perform
Section 33 of the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
21. What are some of the conditions for rightful dismissal?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional torts
Surcharge
22. List remedies one would expect when a contract is breached
Lie flat to distribute the force of the impact
Equity financing - debt financing - sale of assets
Negligence Per se
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
23. Circumstances in which the authorities do not need a warrant to search your premises
Quantum meruit
Neighbour principle
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Equitable estoppel
24. 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
Repudiation - Sabotage - Failure to perform
Good Samaritan Legislation
Absolute liability
25. What are the two types of property?
Duty to mitigate
Personal and real
Quantum merits
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
26. List the 4 conditions of adverse possession. (squatter's rights)
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Contributory negligence
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
Open and notorious - unchallenged - exclusive - continuous
27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
6 primary purposes of tort law
Exceptions to the privity of contract rule
Natural Law
Contributory negligence
28. Defaming a business - a product or a property rather than a person.
98%
Injurious Falsehood
Types of contracts which must be in writing
Passing off
29. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Neighbour principle
Specific deterrence - general deterrence - rehabilitation - protection of the public
Injurious Falsehood
30. First stage in a criminal court procedure
Arraignment
The items that should be included in a job description
Intentional torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
31. Independent contractors and employees.
Discoveries Stage
Equitable estoppel
Vicarious Liability
The 2 classes of servants
32. Guilty mind.
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Mens rea
Non est factum
33. Law based on moral - religious or philosophical grounds
Natural Law
Legal realism
Personal and real
Non est factum
34. Selling accounts receivable at a discount.
Factoring
Repudiation - Sabotage - Failure to perform
Substantive Law
Fiduciary Duty
35. An agreement by an offeror to leave an offer open for a specified period of time
Floating charge
The items that should be included in a job description
Summary conviction - Indictable - Hybrid
Option
36. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
General damages
Express deposit
Slander and Libel
Amortization
37. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Positive law
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Ultra vires
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.
Absolute liability
Lie flat to distribute the force of the impact
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.
Theft of services
39. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Contributory Negligence
Criminal - Family - Youth - Small claims court
Exemplary damages
40. Spoken and written defamation
Quantum meruit
Actus reus
Quantum merits
Slander and Libel
41. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Instances under which an offer lapses
Passing off
Power of attorney
The 4 principles of Equal Pay legislation
42. Promises made without consideration
Gratuitous Promise
Absolute liability
Repudiation - sabotage - failure to perform
Notary
43. What would a careful - thoughtful person in the same circumstances have done
Bona fide occupational requirement
Factoring
Reasonable Person Test
Actus reus and Mens rea
44. A promise for an action
1) in the office - 2) every guestroom - and 3) public rooms (area).
Unilateral Contract
Players in the legal system
Specific deterrence - general deterrence - rehabilitation - protection of the public
45. Notices of statutory provisions limiting liability be posted where?
Trademark infringement
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
1) in the office - 2) every guestroom - and 3) public rooms (area).
46. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Specific deterrence - general deterrence - rehabilitation - protection of the public
Group termination
Parol Evidence Rule
47. Latin for guilty act and guilty mind
The kinds of misrepresentation
Actus reus and Mens rea
Intentional - Unintentional
Repudiation - sabotage - failure to perform
48. 5 possible consequences if you default on your mortgage?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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.
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.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
49. Minimum amount of hours needed to be eligible for EI benefits.
Invitation to treat
98%
Intentional - Unintentional
420 to 700 hours depending on the regional unemployment rate
50. 3 types of business structures.
Non delegable duty
Common - mutual and unilateral.
Sole proprietorship - partnership - and corporations
Discoveries Stage