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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. 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.
John Humphrey
Section 33 of the Charter
Power of Attorney
Thin Skull Rule
2. Latin for guilty act and guilty mind
Actus reus and Mens rea
Surcharge
Lie flat to distribute the force of the impact
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.
3. 'It stands decided'
Defamation
Stare decisis
Exceptions to the privity of contract 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
4. Legislators - judges - jurors - lawyers - clients and police
By Performance - By Agreement - By Frustration - By Operation of law
Players in the legal system
Restrictive covenant
Express deposit
5. Another word for 'reafian'?
To 'perfect' a lien
Res ipsa loquitar
Criminal - Family - Youth - Small claims court
Reiver
6. Guilty mind.
Food and Drugs Act
Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Land - buildings - fixtures
7. Food poisoning from hamburger
Breach of contract
E. Coli
Gratuitous Promise
Power of Attorney
8. A plaintiff is partly or solely the cause of his or her own injury.
Duty to mitigate
Creed
Contributory negligence
Disclaimer
9. 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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Intentional - Unintentional
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.
Good Samaritan Legislation
10. Four methods to prevent potential legal action against your business.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Common - mutual and unilateral.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Infra hospitium
11. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Vicarious liability
Actus reus
Floating charge
12. Use of another company's business name or logo without permission.
Natural Law
Floating charge
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Trademark infringement
13. Once a contract is written - it cannot be changed without the consent of both parties
Open and notorious - unchallenged - exclusive - continuous
The owner
Trademark infringement
Parol Evidence Rule
14. Political - religious beliefs - and affiliations
Repudiation - Sabotage - Failure to perform
Surcharge
Creed
Passing off
15. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Negligence
Personal and real
Passing off
The items that should be included in a job description
16. When 50 or more employees are laid off within 2 months.
Thin Skull Rule
Reasons a contract may be impeached
Group termination
Gratuitous bailment
17. Latin term for 'On the face of it'.
Equitable estoppel
Vicarious Liability
Prima facie
Thin Skull Rule
18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
John Humphrey
Absolute liability
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
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
19. What are the 5 tiers of the corporate structure.
Nepotism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Shareholders - board of directors - statutory officers - employees - and creditors
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.
20. Independent contractors and employees.
The 2 classes of servants
Sole proprietorship - partnership - and corporations
Breach of contract
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
21. Notices of statutory provisions limiting liability be posted where?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Discoveries Stage
Contributory negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
22. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Royal prerogatives
Non est factum
Surcharge
23. 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
Repudiation - Sabotage - Failure to perform
Express deposit
Arraignment
24. Minimum amount of hours needed to be eligible for EI benefits.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
420 to 700 hours depending on the regional unemployment rate
Express deposit
Lie flat to distribute the force of the impact
25. This person acts on behalf of the principal
Agent
6 primary purposes of tort law
Independent contractors - employees
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
26. Damages are awarded to compensate the injured party
Uttering
Lie flat to distribute the force of the impact
General damages
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.
27. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Infra hospitium
Repudiation - Sabotage - Failure to perform
The owner
28. 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?
Agent
Passing off
Breach of contract
Actus reus and Mens rea
29. Damages imposed to make an example of the wrongdoer
Passing off
Disclaimer
Habeas corpus
Exemplary damages
30. Author of the Universal Declaration of Human Rights
Restrictive covenant
John Humphrey
Noncompetition/nonsolicitation clauses
Food and Drugs Act
31. Author of the 1948 Universal Declaration of Human Rights
Reasons a contract may be impeached
Types of contracts which must be in writing
John Humphrey
The 2 classes of servants
32. How can an employer escape alcohol misuse liability?
Prima facie
Merit
Food and Drugs Act
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.
33. Food Poisoning from chicken
Injurious Falsehood
Repudiation - Sabotage - Failure to perform
The kinds of misrepresentation
Salmonella
34. 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.
Noncompetition/nonsolicitation clauses
Land - buildings - fixtures
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Equitable estoppel
35. In a criminal procedure list the 3 types of offenses
Summary conviction - Indictable - Hybrid
Parol Evidence Rule
Summary conviction (minor) - indictable (serious) - hybrid
Fiduciary Duty
36. Law is whatever judges say it is...
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
John Humphrey
4 items that should be included in the job description
Legal realism
37. Latin for 'the thing speaks for itself'
Contributory negligence
Nepotism
The kinds of misrepresentation
Res ipsa loquitar
38. what are the four purposes of sentencing?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Instances under which an offer lapses
John Humphrey
Specific deterrence - general deterrence - rehabilitation - protection of the public
39. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Absolute liability
Duty to mitigate
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Stare decisis
40. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Negligence
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.
420 to 700 hours depending on the regional unemployment rate
41. A promise for an action
Open and notorious - unchallenged - exclusive - continuous
John Humphrey
Unilateral Contract
Acts of God - acts of a public enemy - guests' own negligence
42. The plaintiff has been injured upon the result of his own negligence
Neighbour principle
Contributory Negligence
Proximate cause of the injury
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
43. Author of the Universal Declaration of Human Rights in 1948?
Invitation to treat
Group termination
John Humphrey
Reasonable Person Test
44. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Factoring
Constitution
Actus reus
45. What does real property include?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Land - buildings - fixtures
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contributory Negligence
46. A symbol - word - name or device used to identify or signify a company or its product.
Private law
Trade mark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Non est factum
47. Surviving a falling elevator
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
420 to 700 hours depending on the regional unemployment rate
Lie flat to distribute the force of the impact
48. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Lie flat to distribute the force of the impact
Private law
Actus reus and Mens rea
49. Division of law that defines rights and remedies
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Defenses to intentional Torts
Agent
Substantive Law
50. 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.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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
Fiduciary Duty
Repudiation - sabotage - failure to perform