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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. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Exceptions to the privity of contract rule
Reiver
Bona fide occupational requirement
2. Division of law that defines rights and remedies
Gratuitous bailment
Surcharge
Invitation to treat
Substantive Law
3. This relationship exists when one person has the power to affect another person's property or legal interests
Notary
Invitation to treat
Factoring
Fiduciary Duty
4. 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
Negligent Misrepresentation
Gratuitous bailment
The items that should be included in a job description
5. Latin for guilty act and guilty mind
John Humphrey
Ultra vires
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Actus reus and Mens rea
6. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Parol Evidence Rule
Passing off
Unilateral Contract
7. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Invitation to treat
8. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
51% or 52%
Exceptions to the privity of contract rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
9. List 3 ways to finance a new or existing business.
Fiduciary Duty
Non est factum
Contributory Negligence
Equity financing - debt financing - sale of assets
10. Four methods to prevent potential legal action against your business.
Gratuitous bailment
Slander and Libel
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Noncompetition/nonsolicitation clauses
11. What are exemplary damages?
Negligence Per se
Damages that are imposed to punish and to make an example of the offending party
Discoveries Stage
E. Coli
12. 'Reasonable worth of the good'
Price fixing
Quantum meruit
Lie flat to distribute the force of the impact
Injurious Falsehood
13. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Instances under which an offer lapses
Unconscionable transactions
The 2 classes of servants
14. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Acts of God - acts of a public enemy - guests' own negligence
Negligence Per se
Defamation
Res ipsa loquitar
15. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Natural Law
Fiduciary Duty
Arraignment
Disclaimer
16. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Disclaimer
Personal and real
Exemplary damages
17. When two or more suppliers conspire to set prices.
$413 or 55% of the claimant's average insured earnings (whichever is less)
The parol evidence rule
Non delegable duty
Price fixing
18. Guilty mind.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Infra hospitium
Mens rea
Absolute liability
19. 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.
Infra hospitium
Noncompetition/nonsolicitation clauses
Fiduciary Duty
Summary conviction - indictable - and hybrid
20. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Fiduciary Duty
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The owner
21. A restriction placed on some aspect of land use.
Exceptions to the privity of contract rule
Intentional - Unintentional
Restrictive covenant
Contributory negligence
22. Laws duly enacted by a person or body having the authority to enact and enforce them.
Contributory Negligence
Positive law
Vicarious liability
Vicarious Liability
23. What are the three kinds of misrepresentation?
Damages that are imposed to punish and to make an example of the offending party
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Innocent - negligent - fraudulent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
24. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Mens rea
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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
25. Guilty act in Latin.
Actus reus
Defenses to intentional Torts
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Option
26. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Substantive Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Criminal - Family - Youth - Small claims court
27. The amount he merits
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Quantum merits
Noncompetition/nonsolicitation clauses
Independent contractors - employees
28. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Exceptions to the privity of contract rule
Res ipsa loquitar
Intentional torts
Actus reus
29. Damages are awarded to compensate the injured party
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
'The thing speaks for itself'
Agent
General damages
30. Division of Lower Provincial Courts
The 4 principles of Equal Pay legislation
Criminal - Family - Youth - Small claims court
Merit
Contributory Negligence
31. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Sole proprietorship - partnership - and corporations
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Disclaimer
Floating charge
32. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Proximate cause of the injury
Power of attorney
Neighbour principle
Stare decisis
33. Latin term for within or on the premises of the inn (extension of the inn).
John Humphrey
Infra hospitium
Duty to mitigate
Equity financing - debt financing - sale of assets
34. Once a contract is written - it cannot be changed without consent of both parties.
Amortization
General - Punitive - Exemplary
51% or 52%
The parol evidence rule
35. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
E. Coli
Express deposit
Intentional - Unintentional
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
36. Law is whatever judges say it is...
Stare decisis
Legal realism
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Repudiation - Sabotage - Failure to perform
37. Spoken and written defamation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Slander and Libel
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reasons a contract may be impeached
38. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Passing off
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
39. Notices of statutory provisions limiting liability be posted where?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Shareholders - board of directors - statutory officers - employees - and creditors
1) in the office - 2) every guestroom - and 3) public rooms (area).
Positive law
40. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Reasonable Person Test
Absolute liability
41. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Legal realism
4 items that should be included in the job description
Trade mark
6 primary purposes of tort law
42. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Legal realism
Quantum merits
Trade mark
43. When 50 or more employees are laid off within 2 months.
Discoveries Stage
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional - Unintentional
Group termination
44. Food poisoning from hamburger
E. Coli
Absolute liability
Four purpose of sentencing
Summary conviction - Indictable - Hybrid
45. Conditions for rightful dismissal.
Quantum merits
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Arraignment
Equitable estoppel
46. Law created by a person or body with authority to enact and enforce it
Contributory Negligence
Non est factum
Ultra vires
Positive Law
47. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Equitable estoppal
Neighbour principle
Positive Law
48. 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
Players in the legal system
Unconscionable transactions
The 4 principles of Equal Pay legislation
Absolute liability
49. Damages imposed to make an example of the wrongdoer
Reiver
General - Punitive - Exemplary
Invitation to treat
Exemplary damages
50. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Theft of services
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate