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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. Types of Damages
Positive law
General - Punitive - Exemplary
Nepotism
Repudiation - sabotage - failure to perform
2. Four methods to prevent potential legal action against your business.
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
Proximate cause of the injury
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Mens rea
3. What are some of the conditions for rightful dismissal?
Quantum meruit
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Royal prerogatives
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
Power of Attorney
Summary conviction - indictable - and hybrid
Consideration
5. An advertisement is an example of this... lets people know that you are ready to accept offers
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
John Humphrey
Invitation to treat
Power of attorney
6. List the 4 conditions of adverse possession. (squatter's rights)
Summary conviction - indictable - and hybrid
Open and notorious - unchallenged - exclusive - continuous
Reiver
Royal prerogatives
7. Someone who certifies documents - but does not draft documents
Unconscionable transactions
Notary
Equitable estoppel
Acts of God - acts of a public enemy - guests' own negligence
8. A plaintiff is partly or solely the cause of his or her own injury
Ultra vires
Contributory negligence
Parol Evidence Rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
9. A duty that cannot be given to someone else
Non delegable duty
Theft of services
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.
Injurious Falsehood
10. Law created by a person or body with authority to enact and enforce it
Positive Law
Group termination
Summary conviction - Indictable - Hybrid
Types of contracts which must be in writing
11. Damages imposed to make an example of the wrongdoer
Exemplary damages
Noncompetition/nonsolicitation clauses
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
12. Latin for guilty act and guilty mind
Ultra vires
Actus reus and Mens rea
Consideration
John Humphrey
13. What does real property include?
Negligence
Reasonable Person Test
Land - buildings - fixtures
Duty to mitigate
14. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Passing off
Sunset Clause
Bona fide occupational requirement
Mens rea
15. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Disclaimer
Landlord-tenant
420 to 700 hours depending on the regional unemployment rate
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
16. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
General damages
1) in the office - 2) every guestroom - and 3) public rooms (area).
Bona fide occupational requirement
17. A right to use another's land for a specific purpose.
Easement
Open and notorious - unchallenged - exclusive - continuous
Passing off
Trade mark
18. You shall have the body
Quantum meruit
Reasonable Person Test
Negligence
Habeas corpus
19. Fundamental freedoms in Section 2 of the Charter
Absolute liability
Damages that are imposed to punish and to make an example of the offending party
Habeas corpus
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
20. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Four purpose of sentencing
Criminal - Family - Youth - Small claims court
21. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Positive Law
Parol Evidence Rule
Negligence Per se
22. The plaintiff has been injured upon the result of his own negligence
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
Contributory Negligence
John Humphrey
Fiduciary Duty
23. How contracts can be discharged
Duty to mitigate
Equitable estoppal
Express deposit
By Performance - By Agreement - By Frustration - By Operation of law
24. 3 types of business structures.
Express deposit
Sole proprietorship - partnership - and corporations
Summary conviction - Indictable - Hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
25. Another word for 'reafian'?
Non delegable duty
Acts of God - acts of a public enemy - guests' own negligence
Reiver
Vicarious Liability
26. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Thin Skull Rule
The items that should be included in a job description
Res ipsa loquitar
27. Latin for 'the thing speaks for itself'
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.
Independent contractors - employees
Res ipsa loquitar
Restrictive covenant
28. Damages are awarded to compensate the injured party
Passing off
General damages
Royal prerogatives
Democratic rights to vote or run for election
29. The most difficult element of negligence to prove
Positive law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equity financing - debt financing - sale of assets
Proximate cause of the injury
30. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Sole proprietorship - partnership - and corporations
Intentional torts
The 2 classes of servants
Thin Skull Rule
31. What are the 3 ways employment can be terminated?
To 'perfect' a lien
Discoveries Stage
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The parol evidence rule
32. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Habeas corpus
Unconscionable transactions
Gratuitous bailment
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
33. 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
Salmonella
Power of attorney
4 items that should be included in the job description
Passing off
34. 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.
Noncompetition/nonsolicitation clauses
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Power of Attorney
35. Conditions for rightful dismissal.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Uttering
Vicarious liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
36. Innocent - negligent and fraudulent
The kinds of misrepresentation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Mens rea
Unilateral Contract
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
General - Punitive - Exemplary
Ultra vires
Merit
$413 or 55% of the claimant's average insured earnings (whichever is less)
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.
Proximate cause of the injury
Independent contractors - employees
Non delegable duty
Theft of services
39. Promises made without consideration
Option
Gratuitous Promise
Arraignment
Exemplary damages
40. Legal responsibility for the negligence of another person
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Food and Drugs Act
Fiduciary Duty
Vicarious liability
41. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Infra hospitium
Absolute liability
Bona fide occupational requirement
The parol evidence rule
42. A symbol - word - name or device used to identify or signify a company or its product.
Negligence
Merit
Trade mark
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
43. When the public is misled into believing that one company's goods or services are those a similar brand or product
Trade mark
Injurious Falsehood
Passing off
Landlord-tenant
44. Two kinds of negligence
The kinds of misrepresentation
Neighbour principle
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
45. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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46. What are the five stages of a civil action?
420 to 700 hours depending on the regional unemployment rate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party
47. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Reasonable Person Test
Option
Discoveries Stage
Quantum meruit
48. A restriction placed on some aspect of land use.
E. Coli
Negligence Per se
Restrictive covenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence
49. Laws duly enacted by a person or body having the authority to enact and enforce them.
The owner
Positive law
6 primary purposes of tort law
$413 or 55% of the claimant's average insured earnings (whichever is less)
50. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Factoring
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Section 33 of the Charter