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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. Another word for 'reafian'?
Reiver
Unconscionable transactions
Non delegable duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
2. Once a contract is written - it cannot be changed without the consent of both parties
Open and notorious - unchallenged - exclusive - continuous
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Parol Evidence Rule
3. 3 types of business structures.
Good Samaritan Legislation
Gratuitous bailment
Passing off
Sole proprietorship - partnership - and corporations
4. 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?
Disclaimer
Reasonable Person Test
The 4 principles of Equal Pay legislation
Breach of contract
5. A right to use another's land for a specific purpose.
Quantum merits
Theft of services
Infra hospitium
Easement
6. Independent contractors and employees.
Stare decisis
Option
Invitation to treat
The 2 classes of servants
7. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Trademark infringement
Negligence
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
8. This person acts on behalf of the principal
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Negligent Misrepresentation
Agent
Intentional - Unintentional
9. 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.
Exemplary damages
Passing off
Equitable estoppel
Proximate cause of the injury
10. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Prima facie
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The items that should be included in a job description
Power of Attorney
11. What are the 3 ways employment can be terminated?
Ultra vires
Floating charge
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Equity financing - debt financing - sale of assets
12. 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
Negligent Misrepresentation
E. Coli
Parol Evidence Rule
Constitution
13. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Non est factum
Infra hospitium
Easement
Duty to mitigate
14. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Summary conviction - Indictable - Hybrid
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Floating charge
15. 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
John Humphrey
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.
Salmonella
16. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Contributory negligence
Negligence Per se
Food and Drugs Act
Slander and Libel
17. A person who becomes ill but did not pay for the meal can sue the establishment
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Neighbour principle
To 'perfect' a lien
Habeas corpus
18. Governor general and lieutenant governors
Amortization
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.
Actus reus
Royal prerogatives
19. What are the 5 tiers of the corporate structure.
Option
Acts of God - acts of a public enemy - guests' own negligence
Shareholders - board of directors - statutory officers - employees - and creditors
John Humphrey
20. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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21. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Quantum merits
Gratuitous bailment
Royal prerogatives
Landlord-tenant
22. Guilty act in Latin.
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.
Infra hospitium
Actus reus
Good Samaritan Legislation
23. Latin term for 'It is not my deed
Non est factum
Factoring
Stare decisis
Notary
24. Res ipsa loquitur
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25. Law created by a person or body with authority to enact and enforce it
Trademark infringement
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Positive Law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
26. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Defenses to intentional Torts
Trademark infringement
Actus reus
27. How can an employer escape alcohol misuse liability?
Good Samaritan Legislation
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.
Negligent Misrepresentation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
28. What does BFOR stand for?
Bona fide occupational requirement
John Humphrey
Actus reus
Reiver
29. When two or more suppliers conspire to set prices.
General damages
Equitable estoppal
Price fixing
Option
30. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
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
Constitution
Floating charge
31. What are three ways a contract is breached?
Duty to mitigate
Positive law
Land - buildings - fixtures
Repudiation - sabotage - failure to perform
32. What must be established to substantiate a claim for bailment?
Types of contracts which must be in writing
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
Intentional - Unintentional
33. Innocent - negligent and fraudulent
Substantive Law
The kinds of misrepresentation
Good Samaritan Legislation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
34. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Ultra vires
Exceptions to the privity of contract rule
Summary conviction - indictable - and hybrid
Stare decisis
35. What does real property include?
Substantive Law
By Performance - By Agreement - By Frustration - By Operation of law
Actus reus and Mens rea
Land - buildings - fixtures
36. 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.
Shareholders - board of directors - statutory officers - employees - and creditors
Noncompetition/nonsolicitation clauses
Repudiation - Sabotage - Failure to perform
Democratic rights to vote or run for election
37. An advertisement is an example of this... lets people know that you are ready to accept offers
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Gratuitous bailment
Invitation to treat
38. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Defamation
Gratuitous bailment
Innocent - negligent - fraudulent
39. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Ultra vires
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
51% or 52%
40. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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41. 'To have the body'
Habeas corpus
Players in the legal system
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reasonable Person Test
42. Legislators - judges - jurors - lawyers - clients and police
Contributory negligence
E. Coli
Players in the legal system
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
43. When 50 or more employees are laid off within 2 months.
Group termination
Floating charge
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Creed
44. List remedies one would expect when a contract is breached
Equitable estoppel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Four purpose of sentencing
'The thing speaks for itself'
45. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Gratuitous Promise
Absolute liability
Option
Criminal - Family - Youth - Small claims court
46. The price a party pays for the promise.
Trade mark
The 4 principles of Equal Pay legislation
Equitable estoppal
Consideration
47. Author of the 1948 Universal Declaration of Human Rights
Summary conviction (minor) - indictable (serious) - hybrid
Substantive Law
John Humphrey
Repudiation - Sabotage - Failure to perform
48. Law based on moral - religious or philosophical grounds
Natural Law
Amortization
Repudiation - sabotage - failure to perform
Actus reus
49. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Gratuitous Promise
Intentional torts
Private law
Habeas corpus
50. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Notary
Negligent Misrepresentation
Breach of contract
Disclaimer