Test your basic knowledge |

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. Most difficult element of negligence to prove
Repudiation - sabotage - failure to perform
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Price fixing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

2. Someone who certifies documents - but does not draft documents
Amortization
Unconscionable transactions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Notary

3. List the 4 conditions of adverse possession. (squatter's rights)
Negligence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Habeas corpus
Open and notorious - unchallenged - exclusive - continuous

4. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Bona fide occupational requirement
Duty to mitigate
Unconscionable transactions
Absolute liability

5. The level of government in charge of bylaws
Exemplary damages
Municipal government
4 items that should be included in the job description
Equity financing - debt financing - sale of assets

6. 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
Landlord-tenant
Specific deterrence - general deterrence - rehabilitation - protection of the public
Legal realism

7. Author of the Universal Declaration of Human Rights
John Humphrey
Contributory negligence
Section 33 of the Charter
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

8. An agreement by an offeror to leave an offer open for a specified period of time
Option
Independent contractors - employees
Quantum merits
Thin Skull Rule

9. Once a contract is written - it cannot be changed without consent of both parties.
Unconscionable transactions
Independent contractors - employees
The parol evidence rule
Factoring

10. What are the two types of property?
Nepotism
Personal and real
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
Fiduciary Duty

11. Damages imposed to make an example of the wrongdoer
Exemplary damages
Positive law
Shareholders - board of directors - statutory officers - employees - and creditors
The 4 principles of Equal Pay legislation

12. Legislators - judges - jurors - lawyers - clients and police
Infra hospitium
Players in the legal system
Unilateral Contract
Actus reus and Mens rea

13. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
4 items that should be included in the job description
Thin Skull Rule
Open and notorious - unchallenged - exclusive - continuous
Landlord-tenant

14. Guilty act in Latin.
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
Instances under which an offer lapses
Actus reus
The owner

15. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Four purpose of sentencing
4 items that should be included in the job description
Repudiation - Sabotage - Failure to perform
Option

16. Discrimination that is actually encouraged in our society
Equitable estoppal
Section 33 of the Charter
Summary conviction - Indictable - Hybrid
Merit

17. Bailment for the sole benefit of the bailor.
Discoveries Stage
Exceptions to the privity of contract rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Gratuitous bailment

18. The plaintiff has been injured upon the result of his own negligence
Notary
Contributory Negligence
Positive law
Common - mutual and unilateral.

19. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Reiver
Food and Drugs Act
Natural Law
Vicarious liability

20. Law is whatever judges say it is...
Legal realism
Independent contractors - employees
Injurious Falsehood
Duty to mitigate

21. Author of the 1948 Universal Declaration of Human Rights
Uttering
John Humphrey
Surcharge
The kinds of misrepresentation

22. Author of the Universal Declaration of Human Rights in 1948?
6 primary purposes of tort law
Open and notorious - unchallenged - exclusive - continuous
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.
John Humphrey

23. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Discoveries Stage
Lie flat to distribute the force of the impact
Factoring

24. Laws duly enacted by a person or body having the authority to enact and enforce them.
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Positive law
Easement

25. Who owns mislaid property?
Restrictive covenant
The owner
John Humphrey
Equity financing - debt financing - sale of assets

26. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Injurious Falsehood
Contributory negligence
Sunset Clause
Instances under which an offer lapses

27. What does BFOR stand for?
Salmonella
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
Bona fide occupational requirement
Neighbour principle

28. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Equitable estoppal
Floating charge
Open and notorious - unchallenged - exclusive - continuous

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Restrictive covenant
Quantum merits
Creed

30. Beyond a reasonable doubt is what probability
Common - mutual and unilateral.
Intentional torts
98%
Infra hospitium

31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Defenses to intentional Torts
Discoveries Stage
Consideration
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

32. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
420 to 700 hours depending on the regional unemployment rate
Exemplary damages
Power of Attorney
Specific deterrence - general deterrence - rehabilitation - protection of the public

33. What are the 3 ways employment can be terminated?
Reasons a contract may be impeached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
4 items that should be included in the job description
Injurious Falsehood

34. Minimum amount of hours needed to be eligible for EI benefits.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Restrictive covenant
420 to 700 hours depending on the regional unemployment rate
Absolute liability

35. Conditions for rightful dismissal.
Trade mark
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Natural Law
Ultra vires

36. 'Reasonable worth of the good'
Res ipsa loquitar
Quantum meruit
Easement
Salmonella

37. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Mens rea
Open and notorious - unchallenged - exclusive - continuous
Shareholders - board of directors - statutory officers - employees - and creditors

38. An advertisement is an example of this... lets people know that you are ready to accept offers
Passing off
Invitation to treat
Consideration
Equitable estoppal

39. What would a careful - thoughtful person in the same circumstances have done
Quantum merits
Uttering
Absolute liability
Reasonable Person Test

40. Independent contractors and employees.
Power of Attorney
Express deposit
6 primary purposes of tort law
The 2 classes of servants

41. The price a party pays for the promise.
Consideration
Surcharge
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.
Section 33 of the Charter

42. Innocent - negligent and fraudulent
Legal realism
The kinds of misrepresentation
Noncompetition/nonsolicitation clauses
Uttering

43. 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.
Open and notorious - unchallenged - exclusive - continuous
Positive law
Neighbour principle
Theft of services

44. Types of Damages
Intentional torts
General - Punitive - Exemplary
Section 33 of the Charter
Fiduciary Duty

45. When two or more suppliers conspire to set prices.
Price fixing
Reiver
Invitation to treat
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

46. 5 possible consequences if you default on your mortgage?
Landlord-tenant
Defenses to intentional Torts
Power of Attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

47. A right to use another's land for a specific purpose.
Passing off
Easement
Creed
Fiduciary Duty

48. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Repudiation - sabotage - failure to perform
Private law
Fiduciary Duty

49. Law created by a person or body with authority to enact and enforce it
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Positive Law
Exceptions to the privity of contract rule

50. Defaming a business - a product or a property rather than a person.
Option
Passing off
Injurious Falsehood
Proximate cause of the injury