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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. What are the three kinds of misrepresentation?
Absolute liability
Innocent - negligent - fraudulent
Four purpose of sentencing
Open and notorious - unchallenged - exclusive - continuous

2. List 5/6 items employers can expect from their employees
Intentional - Unintentional
Nepotism
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Passing off

3. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
The parol evidence rule
The 2 classes of servants
Theft of services

4. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trade mark
Uttering
Contributory negligence

5. 'To have the body'
Power of Attorney
Habeas corpus
Creed
Consideration

6. 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.
420 to 700 hours depending on the regional unemployment rate
Equitable estoppel
Duty to mitigate
'The thing speaks for itself'

7. The amount he merits
Floating charge
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Quantum merits
Sunset Clause

8. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Mens rea
Food and Drugs Act
Acts of God - acts of a public enemy - guests' own negligence
To 'perfect' a lien

9. Beyond a reasonable doubt is what probability
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equity financing - debt financing - sale of assets
98%
Constitution

10. List remedies one would expect when a contract is breached
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

11. Defaming a business - a product or a property rather than a person.
Repudiation - sabotage - failure to perform
Summary conviction - Indictable - Hybrid
Injurious Falsehood
Equitable estoppel

12. The publication of a false statement about someone either verbally or in writing which damages their reputation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Municipal government
Habeas corpus
Defamation

13. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
1)Seriously and adversely affecting the employee's behavior 2)Has caused the employee to repeatedly either miss work or be late for work 3)Has jeopardized the safety of the employer - other employees or the public
Acts of God - acts of a public enemy - guests' own negligence
Price fixing

14. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Mens rea
To 'perfect' a lien

15. Balance of probability needed to win a civil case
Absolute liability
Intentional - Unintentional
51% or 52%
Consideration

16. what are the four purposes of sentencing?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Equitable estoppal
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligence

17. Circumstances in which the authorities do not need a warrant to search your premises
Unconscionable transactions
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Substantive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

18. In a criminal procedure list the 3 types of offenses
Vicarious Liability
Summary conviction (minor) - indictable (serious) - hybrid
Slander and Libel
Quantum meruit

19. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Notary
Private law
Injurious Falsehood

20. Promises made without consideration
Notary
Gratuitous Promise
Infra hospitium
Surcharge

21. Author of the Universal Declaration of Human Rights
John Humphrey
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Trademark infringement
Trade mark

22. 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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Thin Skull Rule
Actus reus and Mens rea
Good Samaritan Legislation

23. A restriction placed on some aspect of land use.
Restrictive covenant
Nepotism
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Agent

24. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Res ipsa loquitar
Players in the legal system
Express deposit
Exceptions to the privity of contract rule

25. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Option
Injurious Falsehood
98%

26. 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
Surcharge
Intentional torts
Consideration

27. Law based on moral - religious or philosophical grounds
Food and Drugs Act
General - Punitive - Exemplary
6 primary purposes of tort law
Natural Law

28. Bailment for the sole benefit of the bailor.
Unconscionable transactions
Power of Attorney
Gratuitous bailment
Infra hospitium

29. It is not my deed
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.
Non est factum
Floating charge
Intentional - Unintentional

30. Food Poisoning from chicken
Intentional torts
Contributory negligence
Salmonella
Invitation to treat

31. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Consideration
Passing off
Good Samaritan Legislation
Royal prerogatives

32. Governor general and lieutenant governors
Price fixing
Royal prerogatives
Instances under which an offer lapses
Express deposit

33. Two types of negligence
Creed
Damages that are imposed to punish and to make an example of the offending party
Intentional - Unintentional
Lie flat to distribute the force of the impact

34. Latin for 'the thing speaks for itself'
Power of Attorney
General damages
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Res ipsa loquitar

35. What does BFOR stand for?
Food and Drugs Act
Bona fide occupational requirement
Intentional - Unintentional
Unconscionable transactions

36. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
$413 or 55% of the claimant's average insured earnings (whichever is less)
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.
Non est factum
Constitution

37. How contracts can be discharged
Repudiation - Sabotage - Failure to perform
Instances under which an offer lapses
Unilateral Contract
By Performance - By Agreement - By Frustration - By Operation of law

38. 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
Disclaimer
6 primary purposes of tort law
The kinds of misrepresentation

39. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Acts of God - acts of a public enemy - guests' own negligence
Habeas corpus
51% or 52%
Negligence

40. Allows a legislation to override the Charter
Legal realism
The 2 classes of servants
Non est factum
Section 33 of the Charter

41. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Uttering
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule

42. Latin term for 'On the face of it'.
Floating charge
6 primary purposes of tort law
Prima facie
To 'perfect' a lien

43. Author of the 1948 Universal Declaration of Human Rights
Factoring
Acts of God - acts of a public enemy - guests' own negligence
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).

44. Conditions for rightful dismissal.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Salmonella
Nepotism

45. Legal responsibility for the negligence of another person
Land - buildings - fixtures
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Vicarious liability
John Humphrey

46. When the public is misled into believing that one company's goods or services are those a similar brand or product
John Humphrey
Independent contractors - employees
Passing off
Gratuitous Promise

47. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Invitation to treat
Instances under which an offer lapses
Royal prerogatives
Fiduciary Duty

48. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule
Equitable estoppal

49. Which of the following rights does the Charter guarantee only to citizens of Canada
4 items that should be included in the job description
Democratic rights to vote or run for election
Easement
Intentional torts

50. Division of law that defines rights and remedies
Section 33 of the Charter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reasons a contract may be impeached
Substantive Law