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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. Amount added on to a usual charge for a specific product - purpose - or service.
Duty to mitigate
Surcharge
6 primary purposes of tort law
Option
2. Discrimination that is actually encouraged in our society
Food and Drugs Act
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Merit
3. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Prima facie
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Trade mark
4. What are the three kinds of misrepresentation?
Equity financing - debt financing - sale of assets
Innocent - negligent - fraudulent
Absolute liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
5. Who owns mislaid property?
Intentional - Unintentional
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
The owner
Instances under which an offer lapses
6. What are the five stages of a civil action?
The 4 principles of Equal Pay legislation
Thin Skull Rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Lie flat to distribute the force of the impact
7. 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
Breach of contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
The 4 principles of Equal Pay legislation
Ultra vires
8. Political - religious beliefs - and affiliations
Contributory negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Disclaimer
Creed
9. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Players in the legal system
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consideration
10. This person acts on behalf of the principal
Power of Attorney
Agent
John Humphrey
The items that should be included in a job description
11. Beyond a reasonable doubt is what probability
Consideration
Habeas corpus
98%
Non est factum
12. A plaintiff is partly or solely the cause of his or her own injury
Sole proprietorship - partnership - and corporations
Contributory negligence
Negligence
51% or 52%
13. The period of time required to pay off the principal completely at a set interest rate.
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
Amortization
Infra hospitium
Easement
14. 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.
Restrictive covenant
Contributory Negligence
Noncompetition/nonsolicitation clauses
Legal realism
15. What does real property include?
Sunset Clause
Bona fide occupational requirement
Floating charge
Land - buildings - fixtures
16. Within the walls of the inn
Passing off
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Infra hospitium
1) in the office - 2) every guestroom - and 3) public rooms (area).
17. Another word for 'reafian'?
Passing off
Reiver
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
18. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non delegable duty
Summary conviction - indictable - and hybrid
19. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Consideration
Restrictive covenant
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
20. What are the two types of property?
Price fixing
Infra hospitium
Injurious Falsehood
Personal and real
21. When two or more suppliers conspire to set prices.
Power of attorney
John Humphrey
Thin Skull Rule
Price fixing
22. A person who becomes ill but did not pay for the meal can sue the establishment
Equitable estoppel
Consideration
The kinds of misrepresentation
Neighbour principle
23. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Negligent Misrepresentation
Duty to mitigate
Injurious Falsehood
Exceptions to the privity of contract rule
24. Division of law that defines rights and remedies
Substantive Law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Fiduciary Duty
General - Punitive - Exemplary
25. What would a careful - thoughtful person in the same circumstances have done
Acts of God - acts of a public enemy - guests' own negligence
Reasonable Person Test
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid
26. 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
Habeas corpus
Option
The 4 principles of Equal Pay legislation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
27. Circumstances in which the authorities do not need a warrant to search your premises
Trade mark
Repudiation - Sabotage - Failure to perform
Quantum meruit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
28. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Breach of contract
Duty to mitigate
Quantum meruit
29. Regulation - deterrence - compensation - dispute resolution - education and prevention
Contributory negligence
Repudiation - sabotage - failure to perform
Specific deterrence - general deterrence - rehabilitation - protection of the public
6 primary purposes of tort law
30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Sole proprietorship - partnership - and corporations
Legal realism
The items that should be included in a job description
Easement
31. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Parol Evidence Rule
Merit
The owner
Express deposit
32. Law is whatever judges say it is...
Substantive Law
Legal realism
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The kinds of misrepresentation
33. Most difficult element of negligence to prove
420 to 700 hours depending on the regional unemployment rate
Gratuitous Promise
Defamation
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
34. Two kinds of negligence
Substantive Law
Trade mark
Passing off
Intentional - Unintentional
35. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Theft of services
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Discoveries Stage
36. 5 reasons for evicting a guest.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Reiver
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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.
37. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Price fixing
Theft of services
Defenses to intentional Torts
Restrictive covenant
38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Creed
Summary conviction - Indictable - Hybrid
Passing off
Actus reus and Mens rea
39. Four methods to prevent potential legal action against your business.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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
Personal and real
40. Food Poisoning from chicken
'The thing speaks for itself'
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Salmonella
Stare decisis
41. The most difficult element of negligence to prove
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury
Invitation to treat
Neighbour principle
42. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
John Humphrey
Innocent - negligent - fraudulent
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
43. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Land - buildings - fixtures
Independent contractors - employees
Legal realism
44. 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.
Intentional torts
Theft of services
To 'perfect' a lien
Equitable estoppel
45. Types of Damages
Repudiation - Sabotage - Failure to perform
General - Punitive - Exemplary
Stare decisis
Negligent Misrepresentation
46. The price a party pays for the promise.
Sole proprietorship - partnership - and corporations
Consideration
Reiver
Merit
47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Actus reus
John Humphrey
Common - mutual and unilateral.
Types of contracts which must be in writing
48. The plaintiff has been injured upon the result of his own negligence
Municipal government
Fiduciary Duty
Contributory Negligence
Habeas corpus
49. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
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
Actus reus
Landlord-tenant
50. Allows a legislation to override the Charter
Negligence
Breach of contract
Noncompetition/nonsolicitation clauses
Section 33 of the Charter