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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. Food poisoning from hamburger
Parol Evidence Rule
E. Coli
Repudiation - sabotage - failure to perform
Non est factum

2. What does BFOR stand for?
Bona fide occupational requirement
'The thing speaks for itself'
Nepotism
1) in the office - 2) every guestroom - and 3) public rooms (area).

3. Governor general and lieutenant governors
Royal prerogatives
Infra hospitium
John Humphrey
Summary conviction (minor) - indictable (serious) - hybrid

4. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Disclaimer
Quantum merits
Stare decisis
Floating charge

5. Use of another company's business name or logo without permission.
John Humphrey
Quantum merits
Trademark infringement
Amortization

6. Within the walls of the inn
Trade mark
Infra hospitium
Instances under which an offer lapses
Actus reus and Mens rea

7. The division of law associated with interpersonal matters
Landlord-tenant
Absolute liability
Amortization
Private law

8. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
The items that should be included in a job description
Theft of services
Discoveries Stage
Sunset Clause

9. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
4 items that should be included in the job description
Consideration
Price fixing

10. 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
The 4 principles of Equal Pay legislation
John Humphrey
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

11. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Injurious Falsehood
The items that should be included in a job description
Positive law
Summary conviction - indictable - and hybrid

12. Damages are awarded to compensate the injured party
Power of attorney
General damages
Natural Law
Ultra vires

13. Another word for 'reafian'?
Neighbour principle
Contributory negligence
Reiver
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

14. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Breach of contract
Duty to mitigate
Easement

15. 'Reasonable worth of the good'
Mens rea
Gratuitous Promise
By Performance - By Agreement - By Frustration - By Operation of law
Quantum meruit

16. Notices of statutory provisions limiting liability be posted where?
Gratuitous Promise
1) in the office - 2) every guestroom - and 3) public rooms (area).
Food and Drugs Act
Negligence

17. Promises made without consideration
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Landlord-tenant
Land - buildings - fixtures
Gratuitous Promise

18. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Stare decisis
Breach of contract
420 to 700 hours depending on the regional unemployment rate
Uttering

19. You shall have the body
Absolute liability
Habeas corpus
Common - mutual and unilateral.
1) in the office - 2) every guestroom - and 3) public rooms (area).

20. An agreement by an offeror to leave an offer open for a specified period of time.
Disclaimer
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Option
Passing off

21. A promise for an action
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Contributory negligence
Unilateral Contract

22. Three types of intangibles
Bona fide occupational requirement
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Defenses to intentional Torts

23. Amount added on to a usual charge for a specific product - purpose - or service.
Infra hospitium
Invitation to treat
Surcharge
Merit

24. What are the 3 types of bailment?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Trademark infringement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Lie flat to distribute the force of the impact

25. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Natural Law
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 estoppal

26. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Vicarious Liability
Reasons a contract may be impeached

27. Law based on moral - religious or philosophical grounds
Repudiation - Sabotage - Failure to perform
Natural Law
John Humphrey
Exceptions to the privity of contract rule

28. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
51% or 52%
Lie flat to distribute the force of the impact
Trademark infringement

29. Laws duly enacted by a person or body having the authority to enact and enforce them.
Slander and Libel
Injurious Falsehood
Positive law
The 4 principles of Equal Pay legislation

30. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Equitable estoppel
Absolute liability
'The thing speaks for itself'

31. A duty that cannot be given to someone else
Non delegable duty
The parol evidence rule
Reasons a contract may be impeached
Fiduciary Duty

32. Who owns mislaid property?
Price fixing
Legal realism
The owner
E. Coli

33. When 50 or more employees are laid off within 2 months.
Ultra vires
Group termination
Invitation to treat
Easement

34. The most difficult element of negligence to prove
Section 33 of the Charter
Proximate cause of the injury
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Reiver

35. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Passing off
Trade mark
420 to 700 hours depending on the regional unemployment rate

36. What are the 3 ways employment can be terminated?
Intentional torts
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Food and Drugs Act
Ultra vires

37. List the 3 subtle signs of intoxication.
Actus reus and Mens rea
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.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
General damages

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Noncompetition/nonsolicitation clauses
Exceptions to the privity of contract rule
Private law
Summary conviction - indictable - and hybrid

39. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Gratuitous Promise
Vicarious liability
Exceptions to the privity of contract rule
Fiduciary Duty

40. Latin term for within or on the premises of the inn (extension of the inn).
Common - mutual and unilateral.
Infra hospitium
Actus reus and Mens rea
98%

41. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Merit
Power of Attorney
Disclaimer

42. The level of government in charge of bylaws
Natural Law
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.
Municipal government
Section 33 of the Charter

43. Spoken and written defamation
Lie flat to distribute the force of the impact
Exceptions to the privity of contract rule
Prima facie
Slander and Libel

44. Surviving a falling elevator
Natural Law
Four purpose of sentencing
Lie flat to distribute the force of the impact
Res ipsa loquitar

45. What are the two types of property?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Price fixing
Personal and real
Breach of contract

46. What are the three kinds of misrepresentation?
Neighbour principle
Power of Attorney
Innocent - negligent - fraudulent
Option

47. How contracts can be discharged
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Non delegable duty
By Performance - By Agreement - By Frustration - By Operation of law
Personal and real

48. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Infra hospitium
Passing off
Negligence Per se
Democratic rights to vote or run for election

49. 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
Floating charge
Good Samaritan Legislation
Acts of God - acts of a public enemy - guests' own negligence
Factoring

50. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Power of Attorney
Express deposit
Contributory Negligence
Royal prerogatives