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. 3 types of business structures.
Constitution
Fiduciary Duty
Sole proprietorship - partnership - and corporations
Unconscionable transactions

2. Accommodations that are not considered 'inns'.
The kinds of misrepresentation
Injurious Falsehood
Price fixing
Boarding house - a rooming house - homes for seniors - and time-share arrangements

3. 'Reasonable worth of the good'
Express deposit
Breach of contract
Quantum meruit
Specific deterrence - general deterrence - rehabilitation - protection of the public

4. First stage in a criminal court procedure
Arraignment
Passing off
Notary
Equitable estoppal

5. Damages imposed to make an example of the wrongdoer
Exemplary damages
Acts of God - acts of a public enemy - guests' own negligence
E. Coli
The 4 principles of Equal Pay legislation

6. Another word for 'reafian'?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reiver
Restrictive covenant
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

7. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Legal realism
Specific deterrence - general deterrence - rehabilitation - protection of the public
4 items that should be included in the job description
Types of contracts which must be in writing

8. A right to use another's land for a specific purpose.
Easement
Power of attorney
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Intentional - Unintentional

9. 'To have the body'
Habeas corpus
Proximate cause of the injury
Notary
Trade mark

10. What are some of the conditions for rightful dismissal?
Defenses to intentional Torts
Infra hospitium
Gratuitous bailment
Financial disloyalty - falsified qualifications - gross and continuing incompetence

11. 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.
Unilateral Contract
Fiduciary Duty
Substantive Law
Passing off

12. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Parol Evidence Rule
Uttering
Unilateral Contract
John Humphrey

13. Once a contract is written - it cannot be changed without the consent of both parties
Negligence
Parol Evidence Rule
Unilateral Contract
Reasons a contract may be impeached

14. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Section 33 of the Charter
Reiver
Duty to mitigate
Exceptions to the privity of contract rule

15. When the public is misled into believing that one company's goods or services are those a similar brand or product
Instances under which an offer lapses
Good Samaritan Legislation
Criminal - Family - Youth - Small claims court
Passing off

16. Amount added on to a usual charge for a specific product - purpose - or service.
Equity financing - debt financing - sale of assets
Power of attorney
The kinds of misrepresentation
Surcharge

17. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Agent
The 4 principles of Equal Pay legislation
Municipal government

18. Two kinds of negligence
E. Coli
'The thing speaks for itself'
Constitution
Intentional - Unintentional

19. 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
Intentional - Unintentional
The 4 principles of Equal Pay legislation
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

20. What are the two types of property?
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Royal prerogatives
Personal and real
Infra hospitium

21. A restriction placed on some aspect of land use.
Option
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Restrictive covenant
Exceptions to the privity of contract rule

22. A person who becomes ill but did not pay for the meal can sue the establishment
The 2 classes of servants
Injurious Falsehood
Unconscionable transactions
Neighbour principle

23. How contracts can be discharged
Fiduciary Duty
Intentional torts
By Performance - By Agreement - By Frustration - By Operation of law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

24. 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
Negligence
Trade mark
Gratuitous Promise

25. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Uttering
Stare decisis
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

26. 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
Exemplary damages
Vicarious liability
Negligent Misrepresentation
Gratuitous bailment

27. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Fiduciary Duty
Parol Evidence Rule
Amortization
Power of Attorney

28. Three types of offences
Summary conviction - indictable - and hybrid
Innocent - negligent - fraudulent
Substantive Law
E. Coli

29. Who owns mislaid property?
The owner
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Summary conviction (minor) - indictable (serious) - hybrid
Non est factum

30. Legal responsibility for the negligence of another person
Natural Law
Vicarious liability
Price fixing
Theft of services

31. This relationship exists when one person has the power to affect another person's property or legal interests
The owner
Section 33 of the Charter
Fiduciary Duty
Shareholders - board of directors - statutory officers - employees - and creditors

32. 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.
Intentional torts
Noncompetition/nonsolicitation clauses
Parol Evidence Rule
Uttering

33. What are the 3 ways employment can be terminated?
Discoveries Stage
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unconscionable transactions
Contributory Negligence

34. Once a contract is written - it cannot be changed without consent of both parties.
6 primary purposes of tort law
The parol evidence rule
Merit
Restrictive covenant

35. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Defenses to intentional Torts
Unconscionable transactions
Ultra vires
Good Samaritan Legislation

36. Circumstances in which the authorities do not need a warrant to search your premises
Reiver
Thin Skull Rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Ultra vires

37. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Intentional torts
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
Common - mutual and unilateral.

38. Spoken and written defamation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Municipal government
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Slander and Libel

39. What are three ways a contract is breached?
Trade mark
Intentional torts
Open and notorious - unchallenged - exclusive - continuous
Repudiation - sabotage - failure to perform

40. Four methods to prevent potential legal action against your business.
Exemplary damages
Invitation to treat
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Bona fide occupational requirement

41. Author of the Universal Declaration of Human Rights in 1948?
Uttering
Option
Habeas corpus
John Humphrey

42. What are the 3 types of bailment?
Personal and real
Surcharge
Actus reus and Mens rea
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

43. Latin for guilty act and guilty mind
Factoring
Actus reus and Mens rea
Types of contracts which must be in writing
Intentional - Unintentional

44. Discrimination that is actually encouraged in our society
Food and Drugs Act
Passing off
Passing off
Merit

45. What are the 5 tiers of the corporate structure.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Land - buildings - fixtures
Shareholders - board of directors - statutory officers - employees - and creditors

46. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Noncompetition/nonsolicitation clauses
Instances under which an offer lapses
Passing off
Parol Evidence Rule

47. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Reiver
Repudiation - sabotage - failure to perform
Landlord-tenant
Uttering

48. The division of law associated with interpersonal matters
Vicarious Liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Private law
Ultra vires

49. Political - religious beliefs - and affiliations
'The thing speaks for itself'
Vicarious liability
Positive Law
Creed

50. What does real property include?
Trade mark
Legal realism
Land - buildings - fixtures
'The thing speaks for itself'