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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. Damages imposed to make an example of the wrongdoer
Bona fide occupational requirement
Exemplary damages
Sunset Clause
Specific deterrence - general deterrence - rehabilitation - protection of the public
2. 'To have the body'
Habeas corpus
Private law
Trademark infringement
Natural Law
3. An agreement by an offeror to leave an offer open for a specified period of time.
Negligence Per se
Option
Intentional - Unintentional
General damages
4. list 4 elements of bailment
Vicarious Liability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Passing off
5. 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
Summary conviction - Indictable - Hybrid
Gratuitous bailment
Substantive Law
Negligent Misrepresentation
6. 3 types of offenses in a criminal procedure
Amortization
Summary conviction - Indictable - Hybrid
Unconscionable transactions
Four purpose of sentencing
7. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Reasonable Person Test
Independent contractors - employees
Power of Attorney
Passing off
8. Stages of a civil action
Quantum merits
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
4 items that should be included in the job description
Habeas corpus
9. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Proximate cause of the injury
Types of contracts which must be in writing
Consideration
Equitable estoppel
10. The most difficult element of negligence to prove
Vicarious Liability
Food and Drugs Act
The 4 principles of Equal Pay legislation
Proximate cause of the injury
11. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Quantum meruit
Amortization
The 4 principles of Equal Pay legislation
Defenses to intentional Torts
12. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Disclaimer
Positive law
The items that should be included in a job description
13. Within the walls of the inn
Negligence
Infra hospitium
Stare decisis
Breach of contract
14. Legal responsibility for the negligence of another person
Summary conviction - indictable - and hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Nepotism
Vicarious liability
15. Author of the 1948 Universal Declaration of Human Rights
Equity financing - debt financing - sale of assets
Quantum meruit
The parol evidence rule
John Humphrey
16. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligence Per se
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
17. Three types of offences
98%
Summary conviction - indictable - and hybrid
Section 33 of the Charter
Substantive Law
18. Four methods to prevent potential legal action against your business.
Notary
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Actus reus
Food and Drugs Act
19. When the public is misled into believing that one company's goods or services are those a similar brand or product
Habeas corpus
Intentional torts
Passing off
Independent contractors - employees
20. Food poisoning from hamburger
Trademark infringement
John Humphrey
E. Coli
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
21. 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
Section 33 of the Charter
Invitation to treat
Legal realism
The 4 principles of Equal Pay legislation
22. Two types of negligence
Discoveries Stage
Absolute liability
Bona fide occupational requirement
Intentional - Unintentional
23. A person who becomes ill but did not pay for the meal can sue the establishment
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Neighbour principle
Non delegable duty
Easement
24. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Players in the legal system
Exceptions to the privity of contract rule
Invitation to treat
Positive law
25. Fundamental freedoms in Section 2 of the Charter
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
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Option
E. Coli
26. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
E. Coli
Reasonable Person Test
John Humphrey
27. The price a party pays for the promise.
Consideration
Unconscionable transactions
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
28. Latin term for 'On the face of it'.
Prima facie
Power of Attorney
Neighbour principle
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
29. Conditions for rightful dismissal.
Power of attorney
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
30. Favoritism granted to relatives or friends regardless of merit
Option
Neighbour principle
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.
Nepotism
31. Political - religious beliefs - and affiliations
Group termination
Creed
Merit
The 4 principles of Equal Pay legislation
32. The plaintiff has been injured upon the result of his own negligence
Factoring
Infra hospitium
Contributory Negligence
Repudiation - sabotage - failure to perform
33. Who owns mislaid property?
Option
Injurious Falsehood
The owner
Parol Evidence Rule
34. Selling accounts receivable at a discount.
51% or 52%
Bona fide occupational requirement
Agent
Factoring
35. A duty that cannot be given to someone else
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Land - buildings - fixtures
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
36. Someone who certifies documents - but does not draft documents
Equitable estoppel
Notary
Surcharge
Food and Drugs Act
37. Law is whatever judges say it is...
Duty to mitigate
General - Punitive - Exemplary
Legal realism
Group termination
38. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Duty to mitigate
Thin Skull Rule
The items that should be included in a job description
Municipal government
39. 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
Vicarious Liability
Discoveries Stage
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Good Samaritan Legislation
40. List the 3 subtle signs of intoxication.
Actus reus and Mens rea
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Equity financing - debt financing - sale of assets
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
41. Types of Damages
Passing off
General - Punitive - Exemplary
Non est factum
Trade mark
42. In a criminal procedure list the 3 types of offenses
Exemplary damages
Theft of services
Legal realism
Summary conviction (minor) - indictable (serious) - hybrid
43. 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
General - Punitive - Exemplary
Ultra vires
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
44. You shall have the body
Equitable estoppal
Habeas corpus
Theft of services
Landlord-tenant
45. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Equity financing - debt financing - sale of assets
Absolute liability
Passing off
'The thing speaks for itself'
46. An advertisement is an example of this... lets people know that you are ready to accept offers
Intentional - Unintentional
Invitation to treat
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Option
47. List 5/6 items employers can expect from their employees
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Types of contracts which must be in writing
Exceptions to the privity of contract rule
48. Under contract law - list the three types of mistake the law recognizes.
Prima facie
Common - mutual and unilateral.
Legal realism
Breach of contract
49. Most difficult element of negligence to prove
420 to 700 hours depending on the regional unemployment rate
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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Stare decisis
50. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Slander and Libel
Shareholders - board of directors - statutory officers - employees - and creditors