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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. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Consideration
Reiver
Negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
2. A plaintiff is partly or solely the cause of his or her own injury
Players in the legal system
Common - mutual and unilateral.
Contributory negligence
Positive law
3. Most difficult element of negligence to prove
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Gratuitous Promise
Res ipsa loquitar
4. 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
Exceptions to the privity of contract rule
Consideration
Vicarious liability
Negligent Misrepresentation
5. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
Legal realism
The 2 classes of servants
6. What does BFOR stand for?
Bona fide occupational requirement
Open and notorious - unchallenged - exclusive - continuous
Contributory negligence
Quantum meruit
7. Promises made without consideration
Summary conviction - indictable - and hybrid
Gratuitous Promise
Non delegable duty
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
8. A restriction placed on some aspect of land use.
The 2 classes of servants
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Repudiation - Sabotage - Failure to perform
Restrictive covenant
9. Use of another company's business name or logo without permission.
Four purpose of sentencing
Trademark infringement
Discoveries Stage
Section 33 of the Charter
10. 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
Trade mark
The kinds of misrepresentation
Good Samaritan Legislation
Bona fide occupational requirement
11. 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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Neighbour principle
Equitable estoppel
Reiver
12. When 50 or more employees are laid off within 2 months.
Group termination
Non est factum
Natural Law
Equity financing - debt financing - sale of assets
13. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Fiduciary Duty
Equitable estoppal
Independent contractors - employees
General damages
14. 'It stands decided'
Consideration
Instances under which an offer lapses
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Stare decisis
15. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Absolute liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Equitable estoppel
16. An advertisement is an example of this... lets people know that you are ready to accept offers
Defenses to intentional Torts
Invitation to treat
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
17. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Easement
Prima facie
Summary conviction - Indictable - Hybrid
Absolute liability
18. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Municipal government
Duty to mitigate
Arraignment
19. 2 classes of servants.
Independent contractors - employees
Theft of services
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
98%
20. 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
Disclaimer
Negligence
Habeas corpus
21. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Group termination
Contributory negligence
Unconscionable transactions
Instances under which an offer lapses
22. An agreement by an offeror to leave an offer open for a specified period of time.
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Repudiation - sabotage - failure to perform
Option
23. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Parol Evidence Rule
Fiduciary Duty
The items that should be included in a job description
24. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Agent
John Humphrey
Duty to mitigate
25. Bailment for the sole benefit of the bailor.
Non est factum
General - Punitive - Exemplary
Gratuitous bailment
Salmonella
26. Once a contract is written - it cannot be changed without consent of both parties.
Injurious Falsehood
Invitation to treat
The parol evidence rule
Food and Drugs Act
27. The level of government in charge of bylaws
Sunset Clause
Municipal government
Acts of God - acts of a public enemy - guests' own negligence
The kinds of misrepresentation
28. An agreement by an offeror to leave an offer open for a specified period of time
Option
Infra hospitium
Actus reus and Mens rea
Neighbour principle
29. List 3 ways to finance a new or existing business.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equity financing - debt financing - sale of assets
John Humphrey
Four purpose of sentencing
30. 3 types of business structures.
Nepotism
Theft of services
Types of contracts which must be in writing
Sole proprietorship - partnership - and corporations
31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Innocent - negligent - fraudulent
Res ipsa loquitar
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Discoveries Stage
32. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
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.
Summary conviction - indictable - and hybrid
33. Law created by a person or body with authority to enact and enforce it
Creed
Group termination
Positive Law
Shareholders - board of directors - statutory officers - employees - and creditors
34. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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35. What is the maximum weekly EI benefit?
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36. List the 3 subtle signs of intoxication.
Absolute liability
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Land - buildings - fixtures
37. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Private law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Express deposit
Disclaimer
38. This person acts on behalf of the principal
Absolute liability
Parol Evidence Rule
Disclaimer
Agent
39. 5 reasons for evicting a guest.
Independent contractors - employees
Contributory negligence
Vicarious Liability
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.
40. Stages of a civil action
Reiver
Vicarious Liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Defenses to intentional Torts
41. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Repudiation - sabotage - failure to perform
Damages that are imposed to punish and to make an example of the offending party
Reasonable Person Test
42. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Reasonable Person Test
Amortization
Damages that are imposed to punish and to make an example of the offending party
43. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Royal prerogatives
Reasons a contract may be impeached
Consideration
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.
44. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
98%
Absolute liability
Passing off
Defamation
45. You shall have the body
Habeas corpus
The kinds of misrepresentation
Constitution
Salmonella
46. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Passing off
Food and Drugs Act
Equitable estoppal
1) in the office - 2) every guestroom - and 3) public rooms (area).
47. Latin for guilty act and guilty mind
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Restrictive covenant
Actus reus and Mens rea
48. Four methods to prevent potential legal action against your business.
Mens rea
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Quantum meruit
Innocent - negligent - fraudulent
49. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Substantive Law
Notary
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Exceptions to the privity of contract rule
50. Discrimination that is actually encouraged in our society
Damages that are imposed to punish and to make an example of the offending party
Constitution
Merit
Actus reus