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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. You shall have the body
Contributory Negligence
Duty to mitigate
Habeas corpus
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

2. Law based on moral - religious or philosophical grounds
Landlord-tenant
Natural Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Intentional - Unintentional

3. A symbol - word - name or device used to identify or signify a company or its product.
Good Samaritan Legislation
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
The items that should be included in a job description
Trade mark

4. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Reasonable Person Test
Habeas corpus
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

5. 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
The items that should be included in a job description
Good Samaritan Legislation
Disclaimer
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

6. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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7. Regulation - deterrence - compensation - dispute resolution - education and prevention
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
6 primary purposes of tort law
Independent contractors - employees
Summary conviction - indictable - and hybrid

8. Three types of offences
'The thing speaks for itself'
Damages that are imposed to punish and to make an example of the offending party
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction - indictable - and hybrid

9. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Price fixing
Disclaimer
Summary conviction (minor) - indictable (serious) - hybrid
Exceptions to the privity of contract rule

10. 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?
Breach of contract
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Slander and Libel
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.

11. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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
Intentional - Unintentional
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

12. Which of the following rights does the Charter guarantee only to citizens of Canada
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Democratic rights to vote or run for election
Habeas corpus
Repudiation - Sabotage - Failure to perform

13. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Prima facie
Sole proprietorship - partnership - and corporations
Unconscionable transactions

14. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
6 primary purposes of tort law
Consideration
Constitution
Absolute liability

15. 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
Creed
Negligent Misrepresentation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Summary conviction (minor) - indictable (serious) - hybrid

16. Conditions for rightful dismissal.
Exemplary damages
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

17. What does real property include?
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
Intentional - Unintentional
Floating charge
Land - buildings - fixtures

18. Someone who certifies documents - but does not draft documents
Substantive Law
Notary
6 primary purposes of tort law
Absolute liability

19. The price a party pays for the promise.
Invitation to treat
Legal realism
Consideration
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Quantum meruit
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

21. Food Poisoning from chicken
Substantive Law
Salmonella
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Fiduciary Duty

22. Law is whatever judges say it is...
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Criminal - Family - Youth - Small claims court
Legal realism
Equity financing - debt financing - sale of assets

23. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Independent contractors - employees
Floating charge
The 2 classes of servants

24. What would a careful - thoughtful person in the same circumstances have done
Intentional - Unintentional
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reasonable Person Test
Contributory negligence

25. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Ultra vires
Innocent - negligent - fraudulent
Common - mutual and unilateral.

26. An advertisement is an example of this... lets people know that you are ready to accept offers
The items that should be included in a job description
420 to 700 hours depending on the regional unemployment rate
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Invitation to treat

27. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Good Samaritan Legislation
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Independent contractors - employees
Passing off

28. Circumstances in which the authorities do not need a warrant to search your premises
Res ipsa loquitar
By Performance - By Agreement - By Frustration - By Operation of law
Option
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

29. When two or more suppliers conspire to set prices.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Price fixing
Quantum meruit
General damages

30. Laws duly enacted by a person or body having the authority to enact and enforce them.
Duty to mitigate
Contributory Negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Positive law

31. This relationship exists when one person has the power to affect another person's property or legal interests
The 2 classes of servants
General - Punitive - Exemplary
Fiduciary Duty
Equitable estoppel

32. 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.
Amortization
1) in the office - 2) every guestroom - and 3) public rooms (area).
Fiduciary Duty
Democratic rights to vote or run for election

33. Division of Lower Provincial Courts
Nepotism
Criminal - Family - Youth - Small claims court
To 'perfect' a lien
Land - buildings - fixtures

34. What are three ways a contract is breached
Noncompetition/nonsolicitation clauses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Land - buildings - fixtures
Repudiation - Sabotage - Failure to perform

35. Food poisoning from hamburger
John Humphrey
Exceptions to the privity of contract rule
E. Coli
Reasons a contract may be impeached

36. When the public is misled into believing that one company's goods or services are those a similar brand or product
Proximate cause of the injury
Passing off
Repudiation - Sabotage - Failure to perform
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

37. Amount added on to a usual charge for a specific product - purpose - or service.
Absolute liability
Group termination
Surcharge
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.

38. What are three ways a contract is breached?
Ultra vires
Repudiation - sabotage - failure to perform
Equitable estoppel
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.

39. 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.
Vicarious Liability
Intentional - Unintentional
Equitable estoppel
Price fixing

40. Defaming a business - a product or a property rather than a person.
General - Punitive - Exemplary
Injurious Falsehood
Personal and real
Amortization

41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) in the office - 2) every guestroom - and 3) public rooms (area).
Trademark infringement

42. Within the walls of the inn
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.
Quantum merits
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
Infra hospitium

43. 5 possible consequences if you default on your mortgage?
Non delegable duty
John Humphrey
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Option

44. A duty that cannot be given to someone else
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
Fiduciary Duty
Land - buildings - fixtures

45. Latin for guilty act and guilty mind
Passing off
Section 33 of the Charter
Innocent - negligent - fraudulent
Actus reus and Mens rea

46. How contracts can be discharged
Reasons a contract may be impeached
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Repudiation - sabotage - failure to perform
By Performance - By Agreement - By Frustration - By Operation of law

47. Under contract law - list the three types of mistake the law recognizes.
Intentional torts
Common - mutual and unilateral.
Proximate cause of the injury
Passing off

48. Once a contract is written - it cannot be changed without the consent of both parties
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Good Samaritan Legislation
Parol Evidence Rule
Proximate cause of the injury

49. An agreement by an offeror to leave an offer open for a specified period of time.
Option
E. Coli
Noncompetition/nonsolicitation clauses
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

50. The amount he merits
Notary
Natural Law
Quantum merits
Power of Attorney