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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. Use of another company's business name or logo without permission.
51% or 52%
Absolute liability
Trademark infringement
Landlord-tenant
2. Guilty mind.
Personal and real
Thin Skull Rule
Parol Evidence Rule
Mens rea
3. 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
Good Samaritan Legislation
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.
Quantum meruit
Positive law
4. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
420 to 700 hours depending on the regional unemployment rate
Repudiation - sabotage - failure to perform
Exceptions to the privity of contract rule
5. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
General damages
Unconscionable transactions
Trademark infringement
Theft of services
6. 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
Shareholders - board of directors - statutory officers - employees - and creditors
4 items that should be included in the job description
Ultra vires
Negligent Misrepresentation
7. Res ipsa loquitur
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8. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Stare decisis
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Passing off
9. Minimum amount of hours needed to be eligible for EI benefits.
Uttering
420 to 700 hours depending on the regional unemployment rate
Noncompetition/nonsolicitation clauses
Democratic rights to vote or run for election
10. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Equitable estoppal
Criminal - Family - Youth - Small claims court
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
11. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Acts of God - acts of a public enemy - guests' own negligence
Duty to mitigate
John Humphrey
Reiver
12. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Independent contractors - employees
Vicarious liability
13. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Unilateral Contract
Vicarious Liability
Positive law
14. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Floating charge
Exemplary damages
Reasons a contract may be impeached
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
15. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Non delegable duty
Fiduciary Duty
Thin Skull Rule
16. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Floating charge
Intentional - Unintentional
Absolute liability
17. You shall have the body
Positive law
Repudiation - sabotage - failure to perform
Lie flat to distribute the force of the impact
Habeas corpus
18. 'Reasonable worth of the good'
Uttering
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Quantum meruit
Infra hospitium
19. Author of the Universal Declaration of Human Rights
John Humphrey
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Neighbour principle
Equitable estoppal
20. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Absolute liability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Constitution
Landlord-tenant
21. Four methods to prevent potential legal action against your business.
Exemplary damages
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Acts of God - acts of a public enemy - guests' own negligence
22. Accommodations that are not considered 'inns'.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Duty to mitigate
Price fixing
Boarding house - a rooming house - homes for seniors - and time-share arrangements
23. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Exemplary damages
Legal realism
Power of Attorney
Prima facie
24. list 4 elements of bailment
Trademark infringement
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Invitation to treat
25. Three types of intangibles
Reasons a contract may be impeached
Actus reus and Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Innocent - negligent - fraudulent
26. A plaintiff is partly or solely the cause of his or her own injury
Arraignment
Lie flat to distribute the force of the impact
Contributory negligence
Floating charge
27. 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 thing speaks for itself'
Slander and Libel
Exemplary damages
The 4 principles of Equal Pay legislation
28. Surviving a falling elevator
Restrictive covenant
Negligence
Lie flat to distribute the force of the impact
Price fixing
29. Once a contract is written - it cannot be changed without the consent of both parties
Reasons a contract may be impeached
Non est factum
Nepotism
Parol Evidence Rule
30. List remedies one would expect when a contract is breached
Defamation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Trademark infringement
Infra hospitium
31. Division of law that defines rights and remedies
Landlord-tenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Substantive Law
4 items that should be included in the job description
32. Most difficult element of negligence to prove
Intentional - Unintentional
General damages
The parol evidence rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
33. Two kinds of negligence
Contributory negligence
Municipal government
Intentional - Unintentional
Negligence
34. Favoritism granted to relatives or friends regardless of merit
Trademark infringement
Nepotism
Natural Law
Summary conviction - indictable - and hybrid
35. Types of Damages
Repudiation - Sabotage - Failure to perform
General - Punitive - Exemplary
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
'The thing speaks for itself'
36. 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
Actus reus and Mens rea
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
37. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Reiver
Constitution
Equitable estoppal
Shareholders - board of directors - statutory officers - employees - and creditors
38. Legislators - judges - jurors - lawyers - clients and police
Land - buildings - fixtures
Group termination
1) in the office - 2) every guestroom - and 3) public rooms (area).
Players in the legal system
39. 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?
Acts of God - acts of a public enemy - guests' own negligence
Prima facie
Breach of contract
Infra hospitium
40. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Personal and real
Actus reus
Power of attorney
Arraignment
41. Within the walls of the inn
Repudiation - Sabotage - Failure to perform
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Infra hospitium
42. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Power of attorney
Absolute liability
Reasonable Person Test
Non delegable duty
43. Legal responsibility for the negligence of another person
Power of Attorney
Vicarious liability
Equity financing - debt financing - sale of assets
51% or 52%
44. What are exemplary damages?
Proximate cause of the injury
Nepotism
Exceptions to the privity of contract rule
Damages that are imposed to punish and to make an example of the offending party
45. What does real property include?
Land - buildings - fixtures
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Lie flat to distribute the force of the impact
46. Independent contractors and employees.
The 2 classes of servants
Trade mark
Intentional - Unintentional
Fiduciary Duty
47. Defaming a business - a product or a property rather than a person.
Non est factum
General damages
Summary conviction - indictable - and hybrid
Injurious Falsehood
48. Specific deterrence - general deterrence - rehabilitation - and protection of the public
The parol evidence rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Four purpose of sentencing
Intentional torts
49. 5 reasons for evicting a guest.
'The thing speaks for itself'
Absolute liability
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.
4 items that should be included in the job description
50. Circumstances in which the authorities do not need a warrant to search your premises
John Humphrey
Duty to mitigate
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Non delegable duty