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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. Latin for guilty act and guilty mind
Theft of services
The 4 principles of Equal Pay legislation
Vicarious liability
Actus reus and Mens rea
2. Bailment for the sole benefit of the bailor.
Neighbour principle
420 to 700 hours depending on the regional unemployment rate
Gratuitous bailment
Absolute liability
3. Beyond a reasonable doubt is what probability
The owner
Absolute liability
98%
Group termination
4. A promise for an action
Unilateral Contract
Sunset Clause
Defenses to intentional Torts
Unconscionable transactions
5. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Equitable estoppel
Non est factum
Passing off
Negligence Per se
6. Two types of negligence
General damages
Absolute liability
Intentional - Unintentional
Non est factum
7. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Four purpose of sentencing
Innocent - negligent - fraudulent
Good Samaritan Legislation
8. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Gratuitous Promise
Passing off
4 items that should be included in the job description
Reasons a contract may be impeached
9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Noncompetition/nonsolicitation clauses
Easement
4 items that should be included in the job description
Independent contractors - employees
10. Use of another company's business name or logo without permission.
E. Coli
Trademark infringement
Criminal - Family - Youth - Small claims court
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.
11. 3 types of offenses in a criminal procedure
6 primary purposes of tort law
Merit
Surcharge
Summary conviction - Indictable - Hybrid
12. What are the 3 ways employment can be terminated?
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
Actus reus and Mens rea
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Discoveries Stage
13. Under contract law - list the three types of mistake the law recognizes.
Constitution
Common - mutual and unilateral.
Sole proprietorship - partnership - and corporations
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
14. Law created by a person or body with authority to enact and enforce it
Positive Law
Arraignment
Breach of contract
Disclaimer
15. 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
To 'perfect' a lien
Actus reus
Power of Attorney
16. Law based on moral - religious or philosophical grounds
Defenses to intentional Torts
Natural Law
Quantum meruit
Price fixing
17. Circumstances in which the authorities do not need a warrant to search your premises
Reasonable Person Test
Easement
Fiduciary Duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
18. Legal responsibility for the negligence of another person
Four purpose of sentencing
Vicarious liability
Express deposit
Quantum merits
19. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
20. Someone who certifies documents - but does not draft documents
Notary
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Positive law
Reasonable Person Test
21. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Non est factum
Legal realism
Contributory negligence
Absolute liability
22. Alcohol misuse under the Liquor License Act
Exceptions to the privity of contract rule
Duty to mitigate
John Humphrey
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
23. 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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Good Samaritan Legislation
Equitable estoppal
Shareholders - board of directors - statutory officers - employees - and creditors
24. 5 reasons for evicting a guest.
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.
Exemplary damages
General damages
Repudiation - sabotage - failure to perform
25. The most difficult element of negligence to prove
Proximate cause of the injury
Reiver
Contributory Negligence
Passing off
26. What does real property include?
Notary
Injurious Falsehood
Land - buildings - fixtures
The owner
27. Stages of a civil action
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Group termination
Independent contractors - employees
28. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Municipal government
Nepotism
Good Samaritan Legislation
29. Author of the Universal Declaration of Human Rights
John Humphrey
Infra hospitium
Proximate cause of the injury
Equitable estoppel
30. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Specific deterrence - general deterrence - rehabilitation - protection of the public
Theft of services
Exceptions to the privity of contract rule
Positive Law
31. This relationship exists when one person has the power to affect another person's property or legal interests
Intentional - Unintentional
Thin Skull Rule
Salmonella
Fiduciary Duty
32. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Democratic rights to vote or run for election
Express deposit
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Positive Law
33. 'It stands decided'
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Parol Evidence Rule
Stare decisis
Disclaimer
34. A plaintiff is partly or solely the cause of his or her own injury.
The kinds of misrepresentation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defenses to intentional Torts
Contributory negligence
35. What are the 3 types of bailment?
Restrictive covenant
Stare decisis
Non delegable duty
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
36. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The kinds of misrepresentation
Unconscionable transactions
Reiver
37. What does BFOR stand for?
Damages that are imposed to punish and to make an example of the offending party
Lie flat to distribute the force of the impact
Mens rea
Bona fide occupational requirement
38. This person acts on behalf of the principal
Agent
Gratuitous Promise
Summary conviction - indictable - and hybrid
Power of Attorney
39. Latin term for within or on the premises of the inn (extension of the inn).
The 2 classes of servants
Theft of services
Infra hospitium
Legal realism
40. Governor general and lieutenant governors
Specific deterrence - general deterrence - rehabilitation - protection of the public
Royal prerogatives
Food and Drugs Act
Discoveries Stage
41. Laws duly enacted by a person or body having the authority to enact and enforce them.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Positive law
Bona fide occupational requirement
Acts of God - acts of a public enemy - guests' own negligence
42. The amount he merits
Noncompetition/nonsolicitation clauses
Quantum merits
Uttering
Ultra vires
43. A plaintiff is partly or solely the cause of his or her own injury
John Humphrey
Contributory negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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. Which of the following rights does the Charter guarantee only to citizens of Canada
Damages that are imposed to punish and to make an example of the offending party
Summary conviction - Indictable - Hybrid
Contributory Negligence
Democratic rights to vote or run for election
45. Within the walls of the inn
The kinds of misrepresentation
The owner
Infra hospitium
Stare decisis
46. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Municipal government
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.
Theft of services
Instances under which an offer lapses
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
Trademark infringement
Instances under which an offer lapses
Section 33 of the Charter
By Performance - By Agreement - By Frustration - By Operation of law
48. Allows a legislation to override the Charter
Innocent - negligent - fraudulent
Section 33 of the Charter
Sole proprietorship - partnership - and corporations
Negligence Per se
49. Four methods to prevent potential legal action against your business.
Royal prerogatives
Trade mark
To 'perfect' a lien
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
50. Legislators - judges - jurors - lawyers - clients and police
Food and Drugs Act
Contributory negligence
Players in the legal system
John Humphrey