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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. 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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Exceptions to the privity of contract rule
Contributory negligence
Ultra vires
2. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
'The thing speaks for itself'
Damages that are imposed to punish and to make an example of the offending party
Vicarious liability
Intentional torts
3. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
John Humphrey
Prima facie
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The items that should be included in a job description
4. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Shareholders - board of directors - statutory officers - employees - and creditors
Power of Attorney
Intentional - Unintentional
The items that should be included in a job description
5. A promise for an action
Four purpose of sentencing
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform
Unilateral Contract
6. 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.
Theft of services
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.
Acts of God - acts of a public enemy - guests' own negligence
Injurious Falsehood
7. Legislators - judges - jurors - lawyers - clients and police
Non delegable duty
Positive Law
Legal realism
Players in the legal system
8. The publication of a false statement about someone either verbally or in writing which damages their reputation
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.
Amortization
Contributory Negligence
Defamation
9. An agreement by an offeror to leave an offer open for a specified period of time.
Equitable estoppal
Trade mark
Option
Quantum meruit
10. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Injurious Falsehood
Infra hospitium
The 4 principles of Equal Pay legislation
Exceptions to the privity of contract rule
11. What are the 3 ways employment can be terminated?
Positive Law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Factoring
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
12. Latin term for 'On the face of it'.
Trade mark
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Prima facie
Absolute liability
13. Three types of offences
General - Punitive - Exemplary
Mens rea
Summary conviction - indictable - and hybrid
Gratuitous Promise
14. Law created by a person or body with authority to enact and enforce it
Consideration
Neighbour principle
Positive Law
Open and notorious - unchallenged - exclusive - continuous
15. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Infra hospitium
Negligence
Reiver
16. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
'The thing speaks for itself'
Vicarious Liability
Food and Drugs Act
Reasonable Person Test
17. Once a contract is written - it cannot be changed without consent of both parties.
Absolute liability
Prima facie
The parol evidence rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
18. List 5/6 items employers can expect from their employees
Actus reus and Mens rea
Gratuitous bailment
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.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
19. Beyond a reasonable doubt is what probability
Defamation
98%
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Unilateral Contract
20. Defaming a business - a product or a property rather than a person.
51% or 52%
Independent contractors - employees
Contributory negligence
Injurious Falsehood
21. 5 reasons for evicting a guest.
Types of contracts which must be in writing
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
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 est factum
22. Law is whatever judges say it is...
Vicarious liability
Parol Evidence Rule
Legal realism
Shareholders - board of directors - statutory officers - employees - and creditors
23. Spoken and written defamation
Creed
Duty to mitigate
Equitable estoppel
Slander and Libel
24. The price a party pays for the promise.
Sunset Clause
Damages that are imposed to punish and to make an example of the offending party
Quantum meruit
Consideration
25. Amount added on to a usual charge for a specific product - purpose - or service.
Summary conviction (minor) - indictable (serious) - hybrid
Lie flat to distribute the force of the impact
Surcharge
Bona fide occupational requirement
26. What are the 5 tiers of the corporate structure.
Factoring
Notary
Gratuitous bailment
Shareholders - board of directors - statutory officers - employees - and creditors
27. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Democratic rights to vote or run for election
Quantum meruit
28. In a criminal procedure list the 3 types of offenses
Summary conviction - Indictable - Hybrid
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus and Mens rea
Theft of services
29. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
John Humphrey
30. A duty that cannot be given to someone else
Intentional - Unintentional
Discoveries Stage
John Humphrey
Non delegable duty
31. What does BFOR stand for?
Parol Evidence Rule
Bona fide occupational requirement
Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
32. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Trademark infringement
Surcharge
Restrictive covenant
33. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Express deposit
Constitution
Creed
The 2 classes of servants
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.
Trade mark
Thin Skull Rule
Summary conviction - indictable - and hybrid
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
35. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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36. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
By Performance - By Agreement - By Frustration - By Operation of law
Noncompetition/nonsolicitation clauses
Negligent Misrepresentation
37. Use of another company's business name or logo without permission.
Vicarious liability
The kinds of misrepresentation
Sole proprietorship - partnership - and corporations
Trademark infringement
38. A person who becomes ill but did not pay for the meal can sue the establishment
Natural Law
Specific deterrence - general deterrence - rehabilitation - protection of the public
Neighbour principle
Repudiation - Sabotage - Failure to perform
39. Circumstances in which the authorities do not need a warrant to search your premises
E. Coli
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Municipal government
40. Who owns mislaid property?
Municipal government
Constitution
Discoveries Stage
The owner
41. 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
Duty to mitigate
Power of attorney
Passing off
Open and notorious - unchallenged - exclusive - continuous
42. Two kinds of negligence
Non est factum
Intentional - Unintentional
Exceptions to the privity of contract rule
Royal prerogatives
43. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Summary conviction - Indictable - Hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Vicarious Liability
44. The plaintiff has been injured upon the result of his own negligence
4 items that should be included in the job description
Positive Law
Contributory Negligence
Absolute liability
45. Notices of statutory provisions limiting liability be posted where?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Positive law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Fiduciary Duty
46. Stages of a civil action
Equity financing - debt financing - sale of assets
Exceptions to the privity of contract rule
Agent
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
47. List remedies one would expect when a contract is breached
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Exemplary damages
48. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Equitable estoppal
Uttering
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
49. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Good Samaritan Legislation
Reasons a contract may be impeached
Group termination
50. The level of government in charge of bylaws
Invitation to treat
Quantum meruit
Consideration
Municipal government