Test your basic knowledge |

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. Fundamental freedoms in Section 2 of the Charter
Option
Disclaimer
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Quantum meruit

2. 'To have the body'
Contributory Negligence
Habeas corpus
Positive Law
Specific deterrence - general deterrence - rehabilitation - protection of the public

3. Legal responsibility for the negligence of another person
Sole proprietorship - partnership - and corporations
Vicarious liability
Merit
The kinds of misrepresentation

4. Latin term for 'On the face of it'.
Easement
Infra hospitium
Unconscionable transactions
Prima facie

5. Amount added on to a usual charge for a specific product - purpose - or service.
Repudiation - sabotage - failure to perform
Exceptions to the privity of contract rule
Surcharge
Non est factum

6. Two types of negligence
Intentional - Unintentional
Summary conviction (minor) - indictable (serious) - hybrid
Quantum meruit
Exemplary damages

7. What are the two types of property?
Personal and real
Breach of contract
Gratuitous bailment
Negligence Per se

8. When 50 or more employees are laid off within 2 months.
Contributory negligence
Group termination
6 primary purposes of tort law
Good Samaritan Legislation

9. 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.
Fiduciary Duty
John Humphrey
Easement
Actus reus

10. Three types of offences
Option
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Gratuitous Promise
Summary conviction - indictable - and hybrid

11. A duty that cannot be given to someone else
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Non delegable duty
Innocent - negligent - fraudulent
Positive Law

12. Political - religious beliefs - and affiliations
Nepotism
Shareholders - board of directors - statutory officers - employees - and creditors
Stare decisis
Creed

13. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
To 'perfect' a lien
Defenses to intentional Torts

14. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Exceptions to the privity of contract rule
The owner
Absolute liability

15. What does real property include?
Price fixing
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Prima facie
Land - buildings - fixtures

16. Food poisoning from hamburger
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Players in the legal system
E. Coli
Intentional torts

17. What are some of the conditions for rightful dismissal?
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Passing off
Negligent Misrepresentation

18. Law is whatever judges say it is...
Legal realism
Land - buildings - fixtures
Private law
4 items that should be included in the job description

19. Someone who certifies documents - but does not draft documents
Notary
Uttering
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off

20. The plaintiff has been injured upon the result of his own negligence
The owner
Contributory Negligence
Trade mark
Non est factum

21. In a criminal procedure list the 3 types of offenses
Contributory Negligence
Summary conviction (minor) - indictable (serious) - hybrid
The parol evidence rule
Thin Skull Rule

22. Latin for 'the thing speaks for itself'
Breach of contract
51% or 52%
Res ipsa loquitar
4 items that should be included in the job description

23. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Open and notorious - unchallenged - exclusive - continuous
Acts of God - acts of a public enemy - guests' own negligence
Intentional - Unintentional
Food and Drugs Act

24. You shall have the body
Stare decisis
Habeas corpus
Ultra vires
Positive law

25. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
51% or 52%
Trademark infringement
Restrictive covenant

26. Which of the following rights does the Charter guarantee only to citizens of Canada
Intentional - Unintentional
To 'perfect' a lien
Democratic rights to vote or run for election
Nepotism

27. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Duty to mitigate
Exceptions to the privity of contract rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

28. What are exemplary damages?
Price fixing
Damages that are imposed to punish and to make an example of the offending party
$413 or 55% of the claimant's average insured earnings (whichever is less)
Proximate cause of the injury

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equitable estoppal
Exceptions to the privity of contract rule
The 2 classes of servants

30. The most difficult element of negligence to prove
1) in the office - 2) every guestroom - and 3) public rooms (area).
The 2 classes of servants
Proximate cause of the injury
Absolute liability

31. Surviving a falling elevator
Lie flat to distribute the force of the impact
Types of contracts which must be in writing
Equitable estoppal
Res ipsa loquitar

32. Guilty act in Latin.
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus
Uttering
Open and notorious - unchallenged - exclusive - continuous

33. Legislators - judges - jurors - lawyers - clients and police
Intentional torts
Open and notorious - unchallenged - exclusive - continuous
Natural Law
Players in the legal system

34. Independent contractors and employees.
The 2 classes of servants
Power of attorney
Easement
1) in the office - 2) every guestroom - and 3) public rooms (area).

35. What are three ways a contract is breached?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - Indictable - Hybrid
Repudiation - sabotage - failure to perform
Option

36. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Stare decisis
Trademark infringement
Slander and Libel

37. What are the 3 types of bailment?
Defenses to intentional Torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The 4 principles of Equal Pay legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

38. what are the four purposes of sentencing?
Salmonella
Specific deterrence - general deterrence - rehabilitation - protection of the public
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform

39. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Nepotism
Positive law

40. 'It stands decided'
Stare decisis
Passing off
Common - mutual and unilateral.
Passing off

41. This person acts on behalf of the principal
Natural Law
Equity financing - debt financing - sale of assets
Consideration
Agent

42. Notices of statutory provisions limiting liability be posted where?
Vicarious Liability
Habeas corpus
Food and Drugs Act
1) in the office - 2) every guestroom - and 3) public rooms (area).

43. The exchange of benefits; the price a party pays for the promise
Consideration
Uttering
Merit
Summary conviction - Indictable - Hybrid

44. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Contributory negligence
John Humphrey
Prima facie

45. What are the five stages of a civil action?
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
Non est factum
Passing off
Pleadings - discoveries - pretrial and or mediation - trial - appeals

46. An advertisement is an example of this... lets people know that you are ready to accept offers
Parol Evidence Rule
Invitation to treat
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.
Group termination

47. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Option
Vicarious liability

48. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Factoring
General - Punitive - Exemplary
Disclaimer
1) in the office - 2) every guestroom - and 3) public rooms (area).

49. A promise for an action
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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Discoveries Stage
Unilateral Contract

50. When the police do not need a warrant to search your residence and/or business?
Section 33 of the Charter
1) in the office - 2) every guestroom - and 3) public rooms (area).
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Invitation to treat