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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. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Legal realism
Unconscionable transactions
Intentional - Unintentional
2. A restriction placed on some aspect of land use.
Acts of God - acts of a public enemy - guests' own negligence
Restrictive covenant
Discoveries Stage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
3. Food poisoning from hamburger
Prima facie
E. Coli
Creed
Option
4. Fundamental freedoms in Section 2 of the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
Section 33 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
5. 'Reasonable worth of the good'
Quantum meruit
Natural Law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Bona fide occupational requirement
6. What are the 3 types of bailment?
Exemplary damages
4 items that should be included in the job description
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Positive law
7. When the public is misled into believing that one company's goods or services are those a similar brand or product
John Humphrey
Fiduciary Duty
Passing off
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
8. A plaintiff is partly or solely the cause of his or her own injury.
Fiduciary Duty
Group termination
Contributory negligence
Constitution
9. The exchange of benefits; the price a party pays for the promise
Consideration
Mens rea
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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
10. Innocent - negligent and fraudulent
The kinds of misrepresentation
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
11. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Noncompetition/nonsolicitation clauses
Discoveries Stage
John Humphrey
Duty to mitigate
12. Two types of negligence
Intentional - Unintentional
Negligence
Trade mark
Personal and real
13. Someone who certifies documents - but does not draft documents
Restrictive covenant
Duty to mitigate
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.
Notary
14. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Damages that are imposed to punish and to make an example of the offending party
Constitution
Positive law
'The thing speaks for itself'
15. 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
Intentional torts
Personal and real
Reasonable Person Test
16. A symbol - word - name or device used to identify or signify a company or its product.
Exemplary damages
Merit
Neighbour principle
Trade mark
17. What are some of the conditions for rightful dismissal?
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Ultra vires
Mens rea
18. Division of Lower Provincial Courts
420 to 700 hours depending on the regional unemployment rate
Criminal - Family - Youth - Small claims court
The owner
Restrictive covenant
19. Accommodations that are not considered 'inns'.
E. Coli
Negligence
Breach of contract
Boarding house - a rooming house - homes for seniors - and time-share arrangements
20. Two kinds of negligence
Intentional - Unintentional
Non est factum
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
21. The level of government in charge of bylaws
Defenses to intentional Torts
Equitable estoppal
Municipal government
Nepotism
22. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
1) in the office - 2) every guestroom - and 3) public rooms (area).
Negligence Per se
Group termination
Option
23. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Contributory negligence
Vicarious liability
Power of attorney
24. Damages are awarded to compensate the injured party
General damages
Salmonella
Mens rea
1) in the office - 2) every guestroom - and 3) public rooms (area).
25. what are the four purposes of sentencing?
Intentional torts
Specific deterrence - general deterrence - rehabilitation - protection of the public
Prima facie
Types of contracts which must be in writing
26. Latin for 'the thing speaks for itself'
By Performance - By Agreement - By Frustration - By Operation of law
Passing off
Innocent - negligent - fraudulent
Res ipsa loquitar
27. The period of time required to pay off the principal completely at a set interest rate.
The kinds of misrepresentation
Amortization
Section 33 of the Charter
98%
28. Law based on moral - religious or philosophical grounds
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Natural Law
Common - mutual and unilateral.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
29. 3 types of offenses in a criminal procedure
The 4 principles of Equal Pay legislation
Summary conviction - Indictable - Hybrid
Non delegable duty
Amortization
30. Another word for 'reafian'?
Reiver
Positive law
Option
Salmonella
31. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Infra hospitium
Disclaimer
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
32. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Vicarious Liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Common - mutual and unilateral.
33. Law created by a person or body with authority to enact and enforce it
Passing off
Sole proprietorship - partnership - and corporations
Positive Law
Municipal government
34. 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.
Thin Skull Rule
Shareholders - board of directors - statutory officers - employees - and creditors
Neighbour principle
Nepotism
35. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
The kinds of misrepresentation
Duty to mitigate
Repudiation - Sabotage - Failure to perform
98%
36. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Express deposit
Price fixing
37. Conditions for rightful dismissal.
Disclaimer
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The owner
Positive law
38. 'To have the body'
Price fixing
Habeas corpus
Shareholders - board of directors - statutory officers - employees - and creditors
Power of attorney
39. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Lie flat to distribute the force of the impact
Arraignment
Sunset Clause
Good Samaritan Legislation
40. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Absolute liability
Habeas corpus
The items that should be included in a job description
Ultra vires
41. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
John Humphrey
Legal realism
Repudiation - sabotage - failure to perform
42. List 3 ways to finance a new or existing business.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equity financing - debt financing - sale of assets
Negligent Misrepresentation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
43. Latin term for 'It is not my deed
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
Infra hospitium
Floating charge
44. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Constitution
Disclaimer
Specific deterrence - general deterrence - rehabilitation - protection of the public
4 items that should be included in the job description
45. Minimum amount of hours needed to be eligible for EI benefits.
Duty to mitigate
420 to 700 hours depending on the regional unemployment rate
Nepotism
Reiver
46. 5 reasons for evicting a guest.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Defenses to intentional Torts
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.
Stare decisis
47. 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
Power of attorney
Legal realism
Proximate cause of the injury
Habeas corpus
48. What are three ways a contract is breached
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Repudiation - Sabotage - Failure to perform
Contributory Negligence
49. 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
Ultra vires
Res ipsa loquitar
Mens rea
Natural Law
50. Three types of intangibles
Defamation
Injurious Falsehood
Criminal - Family - Youth - Small claims court
Rights under a contract or debt instrument - goodwill - and ownership of a trademark