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. What are the 3 types of bailment?
Reasonable Person Test
Acts of God - acts of a public enemy - guests' own negligence
Consideration
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

2. First stage in a criminal court procedure
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Arraignment
Uttering
Passing off

3. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Intentional - Unintentional
Exceptions to the privity of contract rule
Option
Land - buildings - fixtures

4. The period of time required to pay off the principal completely at a set interest rate.
Amortization
The parol evidence rule
Instances under which an offer lapses
Section 33 of the Charter

5. Three types of intangibles
The owner
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Equity financing - debt financing - sale of assets
Damages that are imposed to punish and to make an example of the offending party

6. How can an employer escape alcohol misuse liability?
Negligent Misrepresentation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Passing off
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.

7. What are exemplary damages?
Positive Law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Actus reus and Mens rea
Damages that are imposed to punish and to make an example of the offending party

8. 5 possible consequences if you default on your mortgage?
98%
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
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.
Mens rea
Intentional - Unintentional

10. Once a contract is written - it cannot be changed without consent of both parties.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Group termination
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The parol evidence rule

11. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Sunset Clause
Discoveries Stage
Uttering

12. The amount he merits
Fiduciary Duty
Quantum merits
Reasonable Person Test
Proximate cause of the injury

13. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Positive Law
Habeas corpus
Duty to mitigate
Negligence Per se

14. Stages of a civil action
Invitation to treat
Independent contractors - employees
Passing off
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

15. What are some of the conditions for rightful dismissal?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Actus reus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

16. Food poisoning from hamburger
'The thing speaks for itself'
Easement
E. Coli
Injurious Falsehood

17. It is not my deed
Absolute liability
Non est factum
Uttering
Theft of services

18. Favoritism granted to relatives or friends regardless of merit
Nepotism
Reasonable Person Test
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Criminal - Family - Youth - Small claims court

19. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Power of attorney
General damages
Summary conviction - indictable - and hybrid

20. Types of Damages
Res ipsa loquitar
General - Punitive - Exemplary
The owner
Parol Evidence Rule

21. Guilty mind.
Mens rea
Contributory negligence
Floating charge
Discoveries Stage

22. Law created by a person or body with authority to enact and enforce it
Parol Evidence Rule
Types of contracts which must be in writing
Reasons a contract may be impeached
Positive Law

23. An advertisement is an example of this... lets people know that you are ready to accept offers
Landlord-tenant
Vicarious Liability
Invitation to treat
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

24. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter
Power of Attorney
Municipal government

25. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Equity financing - debt financing - sale of assets
Disclaimer
Reasonable Person Test
E. Coli

26. In a criminal procedure list the 3 types of offenses
Easement
Substantive Law
Summary conviction (minor) - indictable (serious) - hybrid
Duty to mitigate

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

28. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Vicarious liability
Quantum merits
Contributory negligence

29. When 50 or more employees are laid off within 2 months.
Absolute liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Group termination
Restrictive covenant

30. Guilty act in Latin.
Summary conviction (minor) - indictable (serious) - hybrid
Intentional - Unintentional
Uttering
Actus reus

31. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Proximate cause of the injury
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate
Fiduciary Duty

32. Someone who certifies documents - but does not draft documents
Discoveries Stage
Unconscionable transactions
Notary
Merit

33. Conditions for rightful dismissal.
Vicarious Liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Amortization
Summary conviction - indictable - and hybrid

34. Spoken and written defamation
$413 or 55% of the claimant's average insured earnings (whichever is less)
The kinds of misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Slander and Libel

35. 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
Equitable estoppel
6 primary purposes of tort law
Private law
Good Samaritan Legislation

36. When the police do not need a warrant to search your residence and/or business?
Summary conviction - Indictable - Hybrid
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Surcharge

37. 2 classes of servants.
$413 or 55% of the claimant's average insured earnings (whichever is less)
By Performance - By Agreement - By Frustration - By Operation of law
Independent contractors - employees
Substantive Law

38. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
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.
Bona fide occupational requirement
Boarding house - a rooming house - homes for seniors - and time-share arrangements

39. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Invitation to treat
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Negligence
Food and Drugs Act

40. Selling accounts receivable at a discount.
Duty to mitigate
Factoring
Consideration
Intentional - Unintentional

41. Most difficult element of negligence to prove
Gratuitous Promise
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Food and Drugs Act
Contributory negligence

42. Once a contract is written - it cannot be changed without the consent of both parties
Passing off
Uttering
Parol Evidence Rule
Express deposit

43. Allows a legislation to override the Charter
General damages
Unilateral Contract
Section 33 of the Charter
Boarding house - a rooming house - homes for seniors - and time-share arrangements

44. 3 types of business structures.
Noncompetition/nonsolicitation clauses
Sole proprietorship - partnership - and corporations
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Boarding house - a rooming house - homes for seniors - and time-share arrangements

45. Beyond a reasonable doubt is what probability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Negligent Misrepresentation
98%
Summary conviction - Indictable - Hybrid

46. Latin term for 'It is not my deed
Mens rea
Arraignment
Royal prerogatives
Non est factum

47. List the 3 subtle signs of intoxication.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Trade mark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Sole proprietorship - partnership - and corporations

48. What are three ways a contract is breached?
Fiduciary Duty
Proximate cause of the injury
Repudiation - sabotage - failure to perform
Summary conviction (minor) - indictable (serious) - hybrid

49. List 5/6 items employers can expect from their employees
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Lie flat to distribute the force of the impact
Infra hospitium
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

50. 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?
Infra hospitium
Reasonable Person Test
Breach of contract
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