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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. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Slander and Libel
Prima facie
Independent contractors - employees

2. What does BFOR stand for?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Bona fide occupational requirement
$413 or 55% of the claimant's average insured earnings (whichever is less)

3. Discrimination that is actually encouraged in our society
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Merit
Restrictive covenant
Four purpose of sentencing

4. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
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.
Price fixing
The kinds of misrepresentation

5. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Land - buildings - fixtures
Food and Drugs Act
Passing off

6. The most difficult element of negligence to prove
Discoveries Stage
John Humphrey
Fiduciary Duty
Proximate cause of the injury

7. What does real property include?
Actus reus
Price fixing
Duty to mitigate
Land - buildings - fixtures

8. A plaintiff is partly or solely the cause of his or her own injury.
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.
Gratuitous Promise
Contributory negligence
Intentional torts

9. List 3 ways to finance a new or existing business.
Floating charge
Noncompetition/nonsolicitation clauses
Equity financing - debt financing - sale of assets
To 'perfect' a lien

10. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Section 33 of the Charter
Disclaimer
Intentional - Unintentional
Creed

11. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Fiduciary Duty
Gratuitous Promise
Quantum merits

12. The plaintiff has been injured upon the result of his own negligence
Quantum merits
Lie flat to distribute the force of the impact
Contributory Negligence
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.

13. Guilty mind.
Mens rea
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Express deposit
Acts of God - acts of a public enemy - guests' own negligence

14. Notices of statutory provisions limiting liability be posted where?
Exceptions to the privity of contract rule
Intentional - Unintentional
Parol Evidence Rule
1) in the office - 2) every guestroom - and 3) public rooms (area).

15. Four methods to prevent potential legal action against your business.
Option
Contributory negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Specific deterrence - general deterrence - rehabilitation - protection of the public

16. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Restrictive covenant
Constitution
Theft of services

17. Governor general and lieutenant governors
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Royal prerogatives
Private law

18. List the 3 subtle signs of intoxication.
Equitable estoppel
Habeas corpus
Criminal - Family - Youth - Small claims court
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

19. Use of another company's business name or logo without permission.
Trademark infringement
Substantive Law
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off

20. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Stare decisis
Equitable estoppal
Uttering

21. An advertisement is an example of this... lets people know that you are ready to accept offers
By Performance - By Agreement - By Frustration - By Operation of law
Invitation to treat
Vicarious liability
Sole proprietorship - partnership - and corporations

22. What are exemplary damages?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty
Damages that are imposed to punish and to make an example of the offending party
Infra hospitium

23. A restriction placed on some aspect of land use.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Actus reus
Express deposit
Restrictive covenant

24. What are three ways a contract is breached?
By Performance - By Agreement - By Frustration - By Operation of law
Repudiation - sabotage - failure to perform
Unilateral Contract
Invitation to treat

25. Types of Damages
General - Punitive - Exemplary
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.
Ultra vires
Vicarious Liability

26. A plaintiff is partly or solely the cause of his or her own injury
Reasons a contract may be impeached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Consideration
Contributory negligence

27. Two types of negligence
Positive Law
Sole proprietorship - partnership - and corporations
Intentional - Unintentional
420 to 700 hours depending on the regional unemployment rate

28. Three types of offences
Fiduciary Duty
Summary conviction - indictable - and hybrid
Quantum merits
Exceptions to the privity of contract rule

29. A right to use another's land for a specific purpose.
Easement
Non est factum
Price fixing
The parol evidence rule

30. Laws duly enacted by a person or body having the authority to enact and enforce them.
Legal realism
Positive law
To 'perfect' a lien
Trademark infringement

31. It is not my deed
Repudiation - sabotage - failure to perform
Non est factum
Constitution
51% or 52%

32. What are three ways a contract is breached
Passing off
Factoring
Quantum meruit
Repudiation - Sabotage - Failure to perform

33. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Non delegable duty
Duty to mitigate
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

34. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Duty to mitigate
Reasons a contract may be impeached

35. Innocent - negligent and fraudulent
Creed
By Performance - By Agreement - By Frustration - By Operation of law
The parol evidence rule
The kinds of misrepresentation

36. Res ipsa loquitur

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37. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Agent
6 primary purposes of tort law
Defamation

38. What must be established to substantiate a claim for bailment?
Passing off
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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Positive law

39. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Quantum meruit
Royal prerogatives
Passing off
Power of Attorney

40. 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.
Repudiation - sabotage - failure to perform
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Noncompetition/nonsolicitation clauses
Bona fide occupational requirement

41. What are some of the conditions for rightful dismissal?
Express deposit
Neighbour principle
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equity financing - debt financing - sale of assets

42. Food poisoning from hamburger
E. Coli
Ultra vires
98%
Non delegable duty

43. 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.
Equitable estoppel
Express deposit
Contributory negligence
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

44. When the public is misled into believing that one company's goods or services are those a similar brand or product.
John Humphrey
Passing off
E. Coli
Thin Skull Rule

45. Author of the Universal Declaration of Human Rights
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Non delegable duty
John Humphrey
Intentional - Unintentional

46. First stage in a criminal court procedure
Passing off
Consideration
Private law
Arraignment

47. What are the three exceptions to the common law absolute liability rule.

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48. Amount added on to a usual charge for a specific product - purpose - or service.
Nepotism
Surcharge
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Shareholders - board of directors - statutory officers - employees - and creditors

49. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Vicarious Liability
Quantum meruit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Summary conviction - indictable - and hybrid

50. Bailment for the sole benefit of the bailor.
Gratuitous bailment
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.
Intentional torts
Land - buildings - fixtures