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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. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Duty to mitigate
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Absolute liability
Actus reus and Mens rea
2. What are the three exceptions to the common law absolute liability rule.
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3. Once a contract is written - it cannot be changed without consent of both parties.
Absolute liability
Creed
The parol evidence rule
Habeas corpus
4. Balance of probability needed to win a civil case
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.
Vicarious Liability
51% or 52%
Exceptions to the privity of contract rule
5. 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.
Negligent Misrepresentation
Option
Sole proprietorship - partnership - and corporations
Thin Skull Rule
6. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Thin Skull Rule
Duty to mitigate
Disclaimer
Salmonella
7. Author of the Universal Declaration of Human Rights in 1948?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
John Humphrey
Noncompetition/nonsolicitation clauses
Breach of contract
8. Within the walls of the inn
Uttering
Slander and Libel
Infra hospitium
Neighbour principle
9. A right to use another's land for a specific purpose.
Salmonella
51% or 52%
Positive Law
Easement
10. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Private law
Good Samaritan Legislation
Positive Law
Discoveries Stage
11. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Fiduciary Duty
Infra hospitium
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
12. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Intentional - Unintentional
The 4 principles of Equal Pay legislation
Negligence
13. List 5/6 items employers can expect from their employees
Invitation to treat
Creed
Non est factum
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
14. What are the two types of property?
'The thing speaks for itself'
Easement
Personal and real
Thin Skull Rule
15. This person acts on behalf of the principal
Agent
4 items that should be included in the job description
Vicarious Liability
Criminal - Family - Youth - Small claims court
16. Independent contractors and employees.
Negligent Misrepresentation
The 2 classes of servants
General - Punitive - Exemplary
Express deposit
17. Conditions for rightful dismissal.
Reasonable Person Test
Summary conviction (minor) - indictable (serious) - hybrid
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
18. Latin for guilty act and guilty mind
Prima facie
Summary conviction - indictable - and hybrid
Gratuitous bailment
Actus reus and Mens rea
19. Who owns mislaid property?
The owner
Option
Sunset Clause
Infra hospitium
20. A plaintiff is partly or solely the cause of his or her own injury
Notary
Contributory negligence
The parol evidence rule
Substantive Law
21. Promises made without consideration
Ultra vires
Gratuitous Promise
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
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
22. The division of law associated with interpersonal matters
420 to 700 hours depending on the regional unemployment rate
Vicarious liability
Merit
Private law
23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Land - buildings - fixtures
Contributory Negligence
Theft of services
24. Discrimination that is actually encouraged in our society
Duty to mitigate
Merit
Independent contractors - employees
Power of attorney
25. 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
4 items that should be included in the job description
Actus reus
Defenses to intentional Torts
26. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Unilateral Contract
Sole proprietorship - partnership - and corporations
Fiduciary Duty
27. List 3 ways to finance a new or existing business.
Slander and Libel
John Humphrey
Equity financing - debt financing - sale of assets
Uttering
28. Circumstances in which the authorities do not need a warrant to search your premises
Theft of services
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
To 'perfect' a lien
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
29. Most difficult element of negligence to prove
Actus reus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Slander and Libel
Arraignment
30. 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
Actus reus and Mens rea
Salmonella
Negligent Misrepresentation
Non est factum
31. The amount he merits
4 items that should be included in the job description
Good Samaritan Legislation
Quantum merits
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
32. Fundamental freedoms in Section 2 of the Charter
Non est factum
Municipal government
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Parol Evidence Rule
33. The level of government in charge of bylaws
Municipal government
Good Samaritan Legislation
The 4 principles of Equal Pay legislation
Easement
34. Alcohol misuse under the Liquor License Act
Prima facie
Invitation to treat
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Duty to mitigate
35. Regulation - deterrence - compensation - dispute resolution - education and prevention
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Creed
6 primary purposes of tort law
Reasonable Person Test
36. A restriction placed on some aspect of land use.
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.
Restrictive covenant
Negligence Per se
Pleadings - discoveries - pretrial and or mediation - trial - appeals
37. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Instances under which an offer lapses
Landlord-tenant
Food and Drugs Act
Gratuitous bailment
38. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Power of Attorney
$413 or 55% of the claimant's average insured earnings (whichever is less)
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
39. Once a contract is written - it cannot be changed without the consent of both parties
Reasons a contract may be impeached
Equitable estoppal
Parol Evidence Rule
Royal prerogatives
40. When the police do not need a warrant to search your residence and/or business?
Power of Attorney
Slander and Libel
E. Coli
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
41. Two types of negligence
Positive Law
The owner
Express deposit
Intentional - Unintentional
42. The price a party pays for the promise.
Intentional torts
Contributory Negligence
Breach of contract
Consideration
43. An agreement by an offeror to leave an offer open for a specified period of time
Option
Amortization
Factoring
Express deposit
44. List the 4 conditions of adverse possession. (squatter's rights)
The 4 principles of Equal Pay legislation
Open and notorious - unchallenged - exclusive - continuous
Agent
Four purpose of sentencing
45. First stage in a criminal court procedure
Non est factum
Summary conviction - indictable - and hybrid
Arraignment
Option
46. Governor general and lieutenant governors
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Criminal - Family - Youth - Small claims court
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Royal prerogatives
47. What does BFOR stand for?
Passing off
Arraignment
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Bona fide occupational requirement
48. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Royal prerogatives
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
49. A person who becomes ill but did not pay for the meal can sue the establishment
Actus reus
To 'perfect' a lien
Price fixing
Neighbour principle
50. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Good Samaritan Legislation
Injurious Falsehood
6 primary purposes of tort law