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. 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
Natural Law
51% or 52%
Private law

2. Latin for guilty act and guilty mind
Actus reus and Mens rea
Unconscionable transactions
Merit
Players in the legal system

3. 'Reasonable worth of the good'
Quantum meruit
To 'perfect' a lien
Open and notorious - unchallenged - exclusive - continuous
98%

4. How can an employer escape alcohol misuse liability?
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.
Repudiation - Sabotage - Failure to perform
Intentional torts
Parol Evidence Rule

5. What does real property include?
The parol evidence rule
98%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Land - buildings - fixtures

6. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Thin Skull Rule
Exceptions to the privity of contract rule
Gratuitous bailment
Unilateral Contract

7. Political - religious beliefs - and affiliations
Stare decisis
Creed
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.
98%

8. Law created by a person or body with authority to enact and enforce it
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Defenses to intentional Torts
Positive Law
Gratuitous bailment

9. Division of law that defines rights and remedies
Summary conviction - indictable - and hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Substantive Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

10. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
420 to 700 hours depending on the regional unemployment rate
Unconscionable transactions
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Non est factum

11. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
John Humphrey
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability

12. 5 reasons for evicting a guest.
Creed
Landlord-tenant
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.

13. Three types of intangibles
Types of contracts which must be in writing
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Open and notorious - unchallenged - exclusive - continuous
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

14. A right to use another's land for a specific purpose.
Food and Drugs Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Easement
Negligent Misrepresentation

15. Two types of negligence
Players in the legal system
Floating charge
Intentional - Unintentional
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

16. List the 4 conditions of adverse possession. (squatter's rights)
Reasonable Person Test
Neighbour principle
John Humphrey
Open and notorious - unchallenged - exclusive - continuous

17. Once a contract is written - it cannot be changed without consent of both parties.
Repudiation - Sabotage - Failure to perform
Reasons a contract may be impeached
The parol evidence rule
Habeas corpus

18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Common - mutual and unilateral.
Passing off
Slander and Libel

19. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Reiver
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Price fixing
Intentional torts

20. A plaintiff is partly or solely the cause of his or her own injury.
Merit
General - Punitive - Exemplary
Contributory negligence
Food and Drugs Act

21. What are the three kinds of misrepresentation?
Mens rea
Positive law
Innocent - negligent - fraudulent
Open and notorious - unchallenged - exclusive - continuous

22. Bailment for the sole benefit of the bailor.
Bona fide occupational requirement
John Humphrey
Gratuitous bailment
The parol evidence rule

23. A symbol - word - name or device used to identify or signify a company or its product.
Landlord-tenant
Independent contractors - employees
Trade mark
Amortization

24. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Trade mark
Habeas corpus
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

25. The exchange of benefits; the price a party pays for the promise
Prima facie
Consideration
Parol Evidence Rule
Summary conviction - indictable - and hybrid

26. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equitable estoppal
Neighbour principle
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

27. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Non delegable duty
Equity financing - debt financing - sale of assets
Habeas corpus

28. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Group termination
Disclaimer
Notary

29. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Restrictive covenant
6 primary purposes of tort law
Natural Law

30. What are the 5 tiers of the corporate structure.
Infra hospitium
Shareholders - board of directors - statutory officers - employees - and creditors
Invitation to treat
6 primary purposes of tort law

31. 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
Intentional torts
Discoveries Stage
Factoring

32. Which of the following rights does the Charter guarantee only to citizens of Canada
Fiduciary Duty
Democratic rights to vote or run for election
Consideration
Floating charge

33. When 50 or more employees are laid off within 2 months.
Substantive Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Group termination
Slander and Libel

34. A duty that cannot be given to someone else
Fiduciary Duty
Equity financing - debt financing - sale of assets
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Non delegable duty

35. An agreement by an offeror to leave an offer open for a specified period of time
Exceptions to the privity of contract rule
John Humphrey
Power of attorney
Option

36. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
$413 or 55% of the claimant's average insured earnings (whichever is less)
Invitation to treat
Types of contracts which must be in writing

37. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Prima facie
E. Coli
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

38. Balance of probability needed to win a civil case
Fiduciary Duty
51% or 52%
Shareholders - board of directors - statutory officers - employees - and creditors
Uttering

39. What are the 3 ways employment can be terminated?
Merit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Theft of services
Noncompetition/nonsolicitation clauses

40. Allows a legislation to override the Charter
Independent contractors - employees
Section 33 of the Charter
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Express deposit

41. What are the five stages of a civil action?
4 items that should be included in the job description
Vicarious Liability
Reiver
Pleadings - discoveries - pretrial and or mediation - trial - appeals

42. Four methods to prevent potential legal action against your business.
Contributory negligence
Summary conviction - Indictable - Hybrid
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Common - mutual and unilateral.

43. Use of another company's business name or logo without permission.
Breach of contract
Intentional - Unintentional
Trademark infringement
John Humphrey

44. Three types of offences
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasonable Person Test
Summary conviction - indictable - and hybrid
Trademark infringement

45. What must be established to substantiate a claim for bailment?
51% or 52%
Equitable estoppel
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
Amortization

46. Minimum amount of hours needed to be eligible for EI benefits.
John Humphrey
Reasonable Person Test
420 to 700 hours depending on the regional unemployment rate
Habeas corpus

47. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Types of contracts which must be in writing
Non est factum
Thin Skull Rule
Duty to mitigate

48. Within the walls of the inn
The parol evidence rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligence
Infra hospitium

49. List 5/6 items employers can expect from their employees
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Slander and Libel
Contributory negligence

50. 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.
General damages
Defamation
Equitable estoppel
Damages that are imposed to punish and to make an example of the offending party