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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. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Reiver
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
2. Once a contract is written - it cannot be changed without consent of both parties.
Natural Law
Quantum meruit
Gratuitous bailment
The parol evidence rule
3. What are three ways a contract is breached?
Habeas corpus
Agent
Repudiation - sabotage - failure to perform
Contributory negligence
4. What are the two types of property?
Fiduciary Duty
Injurious Falsehood
Personal and real
To 'perfect' a lien
5. A symbol - word - name or device used to identify or signify a company or its product.
The parol evidence rule
Trade mark
Repudiation - Sabotage - Failure to perform
Prima facie
6. Laws duly enacted by a person or body having the authority to enact and enforce them.
Open and notorious - unchallenged - exclusive - continuous
98%
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Positive law
7. Surviving a falling elevator
Lie flat to distribute the force of the impact
Merit
Restrictive covenant
Unilateral Contract
8. When the police do not need a warrant to search your residence and/or business?
Passing off
Instances under which an offer lapses
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Disclaimer
9. Food poisoning from hamburger
E. Coli
Positive Law
Common - mutual and unilateral.
By Performance - By Agreement - By Frustration - By Operation of law
10. Division of Lower Provincial Courts
Common - mutual and unilateral.
John Humphrey
Criminal - Family - Youth - Small claims court
John Humphrey
11. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Proximate cause of the injury
Mens rea
Municipal government
Constitution
12. A promise for an action
Intentional - Unintentional
Unilateral Contract
98%
Reiver
13. Food Poisoning from chicken
Duty to mitigate
Salmonella
Option
Breach of contract
14. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Salmonella
Sole proprietorship - partnership - and corporations
Negligence Per se
Negligence
15. List the 4 conditions of adverse possession. (squatter's rights)
Section 33 of the Charter
Habeas corpus
Open and notorious - unchallenged - exclusive - continuous
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.
16. Guilty mind.
Mens rea
Non est factum
Amortization
Democratic rights to vote or run for election
17. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
51% or 52%
Neighbour principle
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equitable estoppal
18. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Reasonable Person Test
Discoveries Stage
Quantum merits
19. Four methods to prevent potential legal action against your business.
Proximate cause of the injury
Passing off
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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.
20. What are the 5 tiers of the corporate structure.
Infra hospitium
Personal and real
Shareholders - board of directors - statutory officers - employees - and creditors
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
21. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Unilateral Contract
Equitable estoppel
Slander and Libel
22. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Intentional torts
Absolute liability
Easement
23. what are the four purposes of sentencing?
Equitable estoppal
Legal realism
Quantum meruit
Specific deterrence - general deterrence - rehabilitation - protection of the public
24. 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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
4 items that should be included in the job description
Boarding house - a rooming house - homes for seniors - and time-share arrangements
25. Damages are awarded to compensate the injured party
Duty to mitigate
Proximate cause of the injury
Habeas corpus
General damages
26. Under contract law - list the three types of mistake the law recognizes.
The parol evidence rule
Damages that are imposed to punish and to make an example of the offending party
Personal and real
Common - mutual and unilateral.
27. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Noncompetition/nonsolicitation clauses
Land - buildings - fixtures
Floating charge
28. Discrimination that is actually encouraged in our society
Legal realism
Nepotism
Merit
The 4 principles of Equal Pay legislation
29. 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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Breach of contract
6 primary purposes of tort law
Thin Skull Rule
30. list 4 elements of bailment
Repudiation - Sabotage - Failure to perform
Gratuitous bailment
Good Samaritan Legislation
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
31. The plaintiff has been injured upon the result of his own negligence
Criminal - Family - Youth - Small claims court
Acts of God - acts of a public enemy - guests' own negligence
Factoring
Contributory Negligence
32. What are the three exceptions to the common law absolute liability rule.
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33. Political - religious beliefs - and affiliations
Creed
E. Coli
The items that should be included in a job description
Intentional - Unintentional
34. 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.
Creed
General - Punitive - Exemplary
Fiduciary Duty
Trademark infringement
35. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
98%
Habeas corpus
Food and Drugs Act
Discoveries Stage
36. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Vicarious Liability
Ultra vires
Non est factum
37. Most difficult element of negligence to prove
To 'perfect' a lien
Theft of services
John Humphrey
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
38. 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
Noncompetition/nonsolicitation clauses
Surcharge
Intentional torts
39. Law is whatever judges say it is...
Salmonella
Amortization
Legal realism
Defamation
40. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Shareholders - board of directors - statutory officers - employees - and creditors
Negligence
Sole proprietorship - partnership - and corporations
41. 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 4 principles of Equal Pay legislation
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Ultra vires
42. How contracts can be discharged
The parol evidence rule
Stare decisis
By Performance - By Agreement - By Frustration - By Operation of law
The owner
43. Who owns mislaid property?
Reiver
Prima facie
The owner
Repudiation - sabotage - failure to perform
44. Spoken and written defamation
Slander and Libel
Food and Drugs Act
Natural Law
The 2 classes of servants
45. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Gratuitous bailment
Sunset Clause
Factoring
Land - buildings - fixtures
46. 2 classes of servants.
E. Coli
Independent contractors - employees
General - Punitive - Exemplary
The 4 principles of Equal Pay legislation
47. Law created by a person or body with authority to enact and enforce it
Thin Skull Rule
Positive Law
E. Coli
Price fixing
48. The level of government in charge of bylaws
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Intentional - Unintentional
Instances under which an offer lapses
Municipal government
49. 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.
Equitable estoppel
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Factoring
Thin Skull Rule
50. 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
Acts of God - acts of a public enemy - guests' own negligence
Good Samaritan Legislation
Slander and Libel
6 primary purposes of tort law