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. Specific deterrence - general deterrence - rehabilitation - and protection of the public
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
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Four purpose of sentencing
Absolute liability

2. Balance of probability needed to win a civil case
51% or 52%
Injurious Falsehood
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Infra hospitium

3. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Four purpose of sentencing
Ultra vires
Equity financing - debt financing - sale of assets
Passing off

4. 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
Open and notorious - unchallenged - exclusive - continuous
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Contributory Negligence

5. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Non delegable duty
Express deposit
Legal realism
Section 33 of the Charter

6. Regulation - deterrence - compensation - dispute resolution - education and prevention
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Unconscionable transactions
6 primary purposes of tort law
Municipal government

7. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Good Samaritan Legislation
Vicarious Liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Floating charge

8. A duty that cannot be given to someone else
Types of contracts which must be in writing
Neighbour principle
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.
Non delegable duty

9. Discrimination that is actually encouraged in our society
Vicarious liability
Merit
Notary
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

10. 'To have the body'
Repudiation - sabotage - failure to perform
Reasonable Person Test
Lie flat to distribute the force of the impact
Habeas corpus

11. 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
Habeas corpus
Bona fide occupational requirement
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

12. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Non delegable duty
Fiduciary Duty
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligent Misrepresentation

13. Legal responsibility for the negligence of another person
Vicarious liability
Stare decisis
Damages that are imposed to punish and to make an example of the offending party
Shareholders - board of directors - statutory officers - employees - and creditors

14. Guilty mind.
Merit
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Innocent - negligent - fraudulent
Mens rea

15. A symbol - word - name or device used to identify or signify a company or its product.
Negligent Misrepresentation
Contributory negligence
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

16. Legislators - judges - jurors - lawyers - clients and police
Parol Evidence Rule
Mens rea
Players in the legal system
Four purpose of sentencing

17. Surviving a falling elevator
Intentional - Unintentional
Option
Express deposit
Lie flat to distribute the force of the impact

18. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Players in the legal system
'The thing speaks for itself'
Injurious Falsehood

19. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Repudiation - Sabotage - Failure to perform
Legal realism
Price fixing

20. The period of time required to pay off the principal completely at a set interest rate.
Uttering
Amortization
Prima facie
'The thing speaks for itself'

21. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Repudiation - Sabotage - Failure to perform
Reiver
Negligence
Option

22. Damages are awarded to compensate the injured party
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
General damages
Non est factum
Bona fide occupational requirement

23. The publication of a false statement about someone either verbally or in writing which damages their reputation
Thin Skull Rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defamation
The 4 principles of Equal Pay legislation

24. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Open and notorious - unchallenged - exclusive - continuous
Defenses to intentional Torts
Shareholders - board of directors - statutory officers - employees - and creditors
Independent contractors - employees

25. Promises made without consideration
Gratuitous Promise
Equitable estoppal
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Financial disloyalty - falsified qualifications - gross and continuing incompetence

26. What does real property include?
Factoring
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Types of contracts which must be in writing
Land - buildings - fixtures

27. Latin term for 'It is not my deed
Noncompetition/nonsolicitation clauses
Positive Law
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum

28. What are three ways a contract is breached?
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
Repudiation - sabotage - failure to perform
6 primary purposes of tort law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

29. What must be established to substantiate a claim for bailment?
Passing off
Notary
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

30. Three types of offences
Duty to mitigate
Consideration
Summary conviction - indictable - and hybrid
Price fixing

31. What are the five stages of a civil action?
The owner
Summary conviction - Indictable - Hybrid
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Theft of services

32. This relationship exists when one person has the power to affect another person's property or legal interests
Non est factum
Fiduciary Duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
By Performance - By Agreement - By Frustration - By Operation of law

33. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Equity financing - debt financing - sale of assets
By Performance - By Agreement - By Frustration - By Operation of law
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sunset Clause

34. What are exemplary damages?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Reasonable Person Test

35. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Negligent Misrepresentation
Substantive Law
51% or 52%
Duty to mitigate

36. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Factoring
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Ultra vires

37. What are the two types of property?
Power of Attorney
Salmonella
Personal and real
Negligent Misrepresentation

38. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Good Samaritan Legislation
Uttering
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

39. Author of the Universal Declaration of Human Rights in 1948?
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.
Good Samaritan Legislation
Contributory negligence
John Humphrey

40. 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
Exceptions to the privity of contract rule
The 4 principles of Equal Pay legislation
Absolute liability
Defamation

41. The price a party pays for the promise.
Option
Negligent Misrepresentation
Consideration
Types of contracts which must be in writing

42. Which of the following rights does the Charter guarantee only to citizens of Canada
Land - buildings - fixtures
Repudiation - Sabotage - Failure to perform
Democratic rights to vote or run for election
Reasonable Person Test

43. In a criminal procedure list the 3 types of offenses
Damages that are imposed to punish and to make an example of the offending party
Actus reus
Proximate cause of the injury
Summary conviction (minor) - indictable (serious) - hybrid

44. What are the three kinds of misrepresentation?
General - Punitive - Exemplary
Intentional - Unintentional
Innocent - negligent - fraudulent
Stare decisis

45. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Vicarious liability
Intentional torts
Natural Law
The kinds of misrepresentation

46. Four methods to prevent potential legal action against your business.
The items that should be included in a job description
Land - buildings - fixtures
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Parol Evidence Rule

47. How contracts can be discharged
Prima facie
By Performance - By Agreement - By Frustration - By Operation of law
Democratic rights to vote or run for election
Restrictive covenant

48. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Innocent - negligent - fraudulent
Democratic rights to vote or run for election
Option

49. Governor general and lieutenant governors
Royal prerogatives
By Performance - By Agreement - By Frustration - By Operation of law
Mens rea
Section 33 of the Charter

50. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
Food and Drugs Act
Passing off