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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. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Agent
Uttering
Defenses to intentional Torts
2. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Non est factum
Innocent - negligent - fraudulent
Fiduciary Duty
Unconscionable transactions
3. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Duty to mitigate
$413 or 55% of the claimant's average insured earnings (whichever is less)
Proximate cause of the injury
4. 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
Easement
Food and Drugs Act
Vicarious Liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
5. Within the walls of the inn
Substantive Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Quantum meruit
Infra hospitium
6. An agreement by an offeror to leave an offer open for a specified period of time.
Non est factum
Common - mutual and unilateral.
The items that should be included in a job description
Option
7. Two types of negligence
Intentional - Unintentional
Gratuitous bailment
420 to 700 hours depending on the regional unemployment rate
Consideration
8. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Summary conviction (minor) - indictable (serious) - hybrid
Option
Negligent Misrepresentation
9. Author of the Universal Declaration of Human Rights
Infra hospitium
Trade mark
John Humphrey
Arraignment
10. When the public is misled into believing that one company's goods or services are those a similar brand or product.
51% or 52%
Passing off
To 'perfect' a lien
Exceptions to the privity of contract rule
11. 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
Vicarious Liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Summary conviction - indictable - and hybrid
12. Latin for 'the thing speaks for itself'
Res ipsa loquitar
98%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
13. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Natural Law
Agent
Easement
14. Political - religious beliefs - and affiliations
Summary conviction (minor) - indictable (serious) - hybrid
Substantive Law
Creed
General damages
15. Balance of probability needed to win a civil case
Section 33 of the Charter
Food and Drugs Act
51% or 52%
Acts of God - acts of a public enemy - guests' own negligence
16. How can an employer escape alcohol misuse liability?
Absolute liability
Actus reus
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.
Prima facie
17. 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?
Breach of contract
Unconscionable transactions
Consideration
To 'perfect' a lien
18. The division of law associated with interpersonal matters
Independent contractors - employees
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Private law
Landlord-tenant
19. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Contributory Negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction (minor) - indictable (serious) - hybrid
20. Under contract law - list the three types of mistake the law recognizes.
Restrictive covenant
Equitable estoppel
Common - mutual and unilateral.
Express deposit
21. Who owns mislaid property?
4 items that should be included in the job description
The owner
98%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
22. 3 types of offenses in a criminal procedure
John Humphrey
Exemplary damages
Ultra vires
Summary conviction - Indictable - Hybrid
23. Another word for 'reafian'?
Passing off
Power of attorney
Reiver
Fiduciary Duty
24. Damages are awarded to compensate the injured party
Group termination
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
General damages
Unilateral Contract
25. 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
By Performance - By Agreement - By Frustration - By Operation of law
Creed
The 4 principles of Equal Pay legislation
Theft of services
26. What are exemplary damages?
Private law
Damages that are imposed to punish and to make an example of the offending party
Positive law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
27. Law created by a person or body with authority to enact and enforce it
Power of Attorney
Actus reus
Positive Law
Specific deterrence - general deterrence - rehabilitation - protection of the public
28. First stage in a criminal court procedure
General - Punitive - Exemplary
Breach of contract
Arraignment
Contributory negligence
29. List remedies one would expect when a contract is breached
Contributory negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Breach of contract
30. 'To have the body'
Passing off
General damages
Habeas corpus
Constitution
31. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Noncompetition/nonsolicitation clauses
Arraignment
Exemplary damages
32. A plaintiff is partly or solely the cause of his or her own injury.
Independent contractors - employees
Mens rea
Parol Evidence Rule
Contributory negligence
33. List the 3 subtle signs of intoxication.
Trademark infringement
Independent contractors - employees
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
51% or 52%
34. When the police do not need a warrant to search your residence and/or business?
Intentional - Unintentional
Natural Law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
35. Surviving a falling elevator
Lie flat to distribute the force of the impact
Negligent Misrepresentation
Contributory negligence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
36. Four methods to prevent potential legal action against your business.
Uttering
Passing off
Agent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
37. Legal responsibility for the negligence of another person
Arraignment
Vicarious liability
Four purpose of sentencing
Players in the legal system
38. Use of another company's business name or logo without permission.
Food and Drugs Act
Trademark infringement
Summary conviction - indictable - and hybrid
Intentional torts
39. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
The 2 classes of servants
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Restrictive covenant
40. Latin term for 'It is not my deed
Equity financing - debt financing - sale of assets
Habeas corpus
Non est factum
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.
41. Food poisoning from hamburger
Disclaimer
Reasons a contract may be impeached
E. Coli
Floating charge
42. Laws duly enacted by a person or body having the authority to enact and enforce them.
Vicarious liability
Positive law
Gratuitous Promise
Instances under which an offer lapses
43. List 3 ways to finance a new or existing business.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Equity financing - debt financing - sale of assets
Easement
Nepotism
44. 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
Independent contractors - employees
Good Samaritan Legislation
Gratuitous Promise
Natural Law
45. 'Reasonable worth of the good'
Legal realism
Breach of contract
Damages that are imposed to punish and to make an example of the offending party
Quantum meruit
46. The period of time required to pay off the principal completely at a set interest rate.
The parol evidence rule
Trademark infringement
Amortization
General damages
47. Guilty mind.
51% or 52%
Section 33 of the Charter
General damages
Mens rea
48. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Sunset Clause
Power of Attorney
Section 33 of the Charter
49. 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
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious Liability
Noncompetition/nonsolicitation clauses
50. The plaintiff has been injured upon the result of his own negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Power of Attorney
Contributory Negligence
The parol evidence rule