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Test your basic knowledge |
Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Accommodations that are not considered 'inns'.
Substantive Law
Vicarious Liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
2. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
General - Punitive - Exemplary
Unconscionable transactions
Contributory negligence
The parol evidence rule
3. 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.
Floating charge
Theft of services
Infra hospitium
Breach of contract
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.
Option
John Humphrey
Equitable estoppel
Factoring
5. How contracts can be discharged
Actus reus
By Performance - By Agreement - By Frustration - By Operation of law
Personal and real
Types of contracts which must be in writing
6. 'Reasonable worth of the good'
Section 33 of the Charter
Quantum meruit
Land - buildings - fixtures
By Performance - By Agreement - By Frustration - By Operation of law
7. First stage in a criminal court procedure
Nepotism
Ultra vires
Arraignment
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
8. It is not my deed
Natural Law
Salmonella
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Non est factum
9. The level of government in charge of bylaws
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Passing off
Negligence Per se
10. The most difficult element of negligence to prove
Non delegable duty
Ultra vires
Proximate cause of the injury
Duty to mitigate
11. Res ipsa loquitur
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12. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Exemplary damages
Gratuitous bailment
Disclaimer
13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
14. 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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Municipal government
Res ipsa loquitar
Vicarious Liability
15. Latin term for 'On the face of it'.
Positive law
General - Punitive - Exemplary
Prima facie
Defamation
16. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Defenses to intentional Torts
Positive Law
Intentional torts
Factoring
17. Food poisoning from hamburger
Negligent Misrepresentation
E. Coli
The parol evidence rule
4 items that should be included in the job description
18. Discrimination that is actually encouraged in our society
Merit
Intentional torts
Group termination
Pleadings - discoveries - pretrial and or mediation - trial - appeals
19. What are exemplary damages?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Arraignment
Damages that are imposed to punish and to make an example of the offending party
Reiver
20. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Equitable estoppel
4 items that should be included in the job description
Notary
21. Damages are awarded to compensate the injured party
Acts of God - acts of a public enemy - guests' own negligence
Summary conviction (minor) - indictable (serious) - hybrid
General damages
Power of Attorney
22. 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
Nepotism
Negligent Misrepresentation
Defamation
E. Coli
23. 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
Actus reus and Mens rea
98%
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 4 principles of Equal Pay legislation
24. Selling accounts receivable at a discount.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Section 33 of the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
Factoring
25. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Consideration
Negligent Misrepresentation
Option
Absolute liability
26. Promises made without consideration
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Gratuitous Promise
Passing off
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
27. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Good Samaritan Legislation
Private law
Actus reus
28. What are the two types of property?
Trade mark
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non est factum
Personal and real
29. 'It stands decided'
Repudiation - sabotage - failure to perform
Stare decisis
Passing off
Intentional - Unintentional
30. What must be established to substantiate a claim for bailment?
The items that should be included in a job description
Power of attorney
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
Non est factum
31. How can an employer escape alcohol misuse liability?
Summary conviction - Indictable - Hybrid
Innocent - negligent - fraudulent
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.
Surcharge
32. Fundamental freedoms in Section 2 of the Charter
Vicarious Liability
Reasons a contract may be impeached
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
33. Alcohol misuse under the Liquor License Act
Ultra vires
Criminal - Family - Youth - Small claims court
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Repudiation - Sabotage - Failure to perform
34. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
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.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Common - mutual and unilateral.
35. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Neighbour principle
Criminal - Family - Youth - Small claims court
Easement
36. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
By Performance - By Agreement - By Frustration - By Operation of law
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Private law
Negligence Per se
37. Guilty mind.
Parol Evidence Rule
Mens rea
420 to 700 hours depending on the regional unemployment rate
Summary conviction - Indictable - Hybrid
38. Independent contractors and employees.
Power of attorney
Exemplary damages
The 2 classes of servants
Neighbour principle
39. Most difficult element of negligence to prove
The kinds of misrepresentation
Vicarious liability
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Open and notorious - unchallenged - exclusive - continuous
40. What does BFOR stand for?
Equitable estoppal
Natural Law
Restrictive covenant
Bona fide occupational requirement
41. Latin for 'the thing speaks for itself'
Food and Drugs Act
Actus reus
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
Res ipsa loquitar
42. Legislators - judges - jurors - lawyers - clients and police
Lie flat to distribute the force of the impact
The owner
Consideration
Players in the legal system
43. A promise for an action
Unilateral Contract
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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.
Vicarious liability
44. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non delegable duty
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
45. Favoritism granted to relatives or friends regardless of merit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Nepotism
Instances under which an offer lapses
Discoveries Stage
46. Four methods to prevent potential legal action against your business.
Creed
'The thing speaks for itself'
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
To 'perfect' a lien
47. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Defenses to intentional Torts
Non delegable 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.
48. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Vicarious Liability
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Trademark infringement
4 items that should be included in the job description
49. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
Noncompetition/nonsolicitation clauses
50. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Exemplary damages
Habeas corpus
Reasons a contract may be impeached
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