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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. 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
Quantum merits
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
Agent
2. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
E. Coli
'The thing speaks for itself'
Passing off
3. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Infra hospitium
Restrictive covenant
Parol Evidence Rule
4. First stage in a criminal court procedure
Bona fide occupational requirement
Land - buildings - fixtures
Arraignment
Express deposit
5. Conditions for rightful dismissal.
Mens rea
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Lie flat to distribute the force of the impact
6. Latin term for within or on the premises of the inn (extension of the inn).
Private law
Infra hospitium
Negligence Per se
Power of attorney
7. Notices of statutory provisions limiting liability be posted where?
Good Samaritan Legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Constitution
By Performance - By Agreement - By Frustration - By Operation of law
8. Another word for 'reafian'?
Reiver
John Humphrey
Passing off
Disclaimer
9. Selling accounts receivable at a discount.
John Humphrey
Factoring
Negligent Misrepresentation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
10. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Criminal - Family - Youth - Small claims court
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.
11. List 3 ways to finance a new or existing business.
Contributory negligence
Equity financing - debt financing - sale of assets
Non est factum
Reasonable Person Test
12. Bailment for the sole benefit of the bailor.
Sunset Clause
Ultra vires
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Gratuitous bailment
13. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Equitable estoppal
Specific deterrence - general deterrence - rehabilitation - protection of the public
The items that should be included in a job description
Infra hospitium
14. Surviving a falling elevator
John Humphrey
General - Punitive - Exemplary
Noncompetition/nonsolicitation clauses
Lie flat to distribute the force of the impact
15. 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.
Theft of services
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Absolute liability
Trademark infringement
16. 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
To 'perfect' a lien
The 4 principles of Equal Pay legislation
Good Samaritan Legislation
Stare decisis
17. This person acts on behalf of the principal
Express deposit
Stare decisis
Agent
Absolute liability
18. Three types of offences
Summary conviction - indictable - and hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Repudiation - sabotage - failure to perform
Vicarious Liability
19. Governor general and lieutenant governors
Municipal government
Royal prerogatives
Express deposit
Absolute liability
20. Two kinds of negligence
Power of Attorney
Gratuitous Promise
Habeas corpus
Intentional - Unintentional
21. Legislators - judges - jurors - lawyers - clients and police
Natural Law
Players in the legal system
Substantive Law
E. Coli
22. Most difficult element of negligence to prove
Open and notorious - unchallenged - exclusive - continuous
Democratic rights to vote or run for election
E. Coli
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
23. Latin term for 'It is not my deed
Noncompetition/nonsolicitation clauses
Positive law
Non est factum
Reasons a contract may be impeached
24. Discrimination that is actually encouraged in our society
51% or 52%
Good Samaritan Legislation
Merit
The items that should be included in a job description
25. Once a contract is written - it cannot be changed without the consent of both parties
Duty to mitigate
Disclaimer
Power of Attorney
Parol Evidence Rule
26. Amount added on to a usual charge for a specific product - purpose - or service.
Floating charge
Surcharge
Trade mark
Criminal - Family - Youth - Small claims court
27. Favoritism granted to relatives or friends regardless of merit
By Performance - By Agreement - By Frustration - By Operation of law
Vicarious liability
Nepotism
Arraignment
28. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Equity financing - debt financing - sale of assets
Ultra vires
Contributory negligence
29. A plaintiff is partly or solely the cause of his or her own injury
Repudiation - Sabotage - Failure to perform
Contributory negligence
Democratic rights to vote or run for election
Summary conviction - Indictable - Hybrid
30. 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.
Players in the legal system
Contributory negligence
Equitable estoppel
Notary
31. Someone who certifies documents - but does not draft documents
Notary
Vicarious Liability
Duty to mitigate
Option
32. Independent contractors and employees.
Intentional - Unintentional
Land - buildings - fixtures
The 2 classes of servants
John Humphrey
33. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
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) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Power of Attorney
E. Coli
34. 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?
The items that should be included in a job description
Restrictive covenant
The 2 classes of servants
Breach of contract
35. Two types of negligence
Intentional - Unintentional
Non delegable duty
Passing off
Defenses to intentional Torts
36. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Discoveries Stage
Equitable estoppal
Contributory Negligence
37. Author of the Universal Declaration of Human Rights in 1948?
Floating charge
Ultra vires
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
38. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Innocent - negligent - fraudulent
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
39. A right to use another's land for a specific purpose.
Personal and real
Express deposit
Power of attorney
Easement
40. Division of law that defines rights and remedies
Stare decisis
Substantive Law
Sole proprietorship - partnership - and corporations
Factoring
41. 5 reasons for evicting a guest.
Disclaimer
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.
The kinds of misrepresentation
Infra hospitium
42. Latin term for 'On the face of it'.
Duty to mitigate
Prima facie
Negligence
Passing off
43. When two or more suppliers conspire to set prices.
Merit
Price fixing
Easement
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
44. An advertisement is an example of this... lets people know that you are ready to accept offers
To 'perfect' a lien
Invitation to treat
Innocent - negligent - fraudulent
Repudiation - sabotage - failure to perform
45. list 4 elements of bailment
Surcharge
Discoveries Stage
Land - buildings - fixtures
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
46. Alcohol misuse under the Liquor License Act
Negligence Per se
Acts of God - acts of a public enemy - guests' own negligence
Negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
47. 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
Ultra vires
Equitable estoppel
Vicarious Liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals
48. Defaming a business - a product or a property rather than a person.
Notary
Injurious Falsehood
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Theft of services
49. What are three ways a contract is breached
Criminal - Family - Youth - Small claims court
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
Repudiation - Sabotage - Failure to perform
50. Author of the 1948 Universal Declaration of Human Rights
Proximate cause of the injury
Contributory negligence
Infra hospitium
John Humphrey