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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. What are exemplary damages?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Damages that are imposed to punish and to make an example of the offending party
Theft of services
Easement
2. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Res ipsa loquitar
Passing off
Non est factum
Breach of contract
3. Food poisoning from hamburger
Intentional - Unintentional
E. Coli
Noncompetition/nonsolicitation clauses
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
4. When two or more suppliers conspire to set prices.
Price fixing
Unilateral Contract
Reiver
$413 or 55% of the claimant's average insured earnings (whichever is less)
5. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Natural Law
Constitution
Noncompetition/nonsolicitation clauses
Substantive Law
6. When the police do not need a warrant to search your residence and/or business?
Positive law
Repudiation - Sabotage - Failure to perform
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
E. Coli
7. 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
Exceptions to the privity of contract rule
Infra hospitium
Acts of God - acts of a public enemy - guests' own negligence
8. Damages imposed to make an example of the wrongdoer
Exemplary damages
Negligent Misrepresentation
Parol Evidence Rule
Reiver
9. Law based on moral - religious or philosophical grounds
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Natural Law
Contributory negligence
Fiduciary Duty
10. The price a party pays for the promise.
Passing off
The 2 classes of servants
Consideration
Prima facie
11. A promise for an action
Instances under which an offer lapses
Contributory negligence
Unilateral Contract
The owner
12. 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.
The parol evidence rule
Slander and Libel
Four purpose of sentencing
13. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Actus reus and Mens rea
Habeas corpus
Open and notorious - unchallenged - exclusive - continuous
14. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
The 2 classes of servants
Constitution
Quantum merits
Four purpose of sentencing
15. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Absolute liability
Option
Exemplary damages
16. 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
Four purpose of sentencing
Power of attorney
Instances under which an offer lapses
Floating charge
17. 'It stands decided'
General - Punitive - Exemplary
Non est factum
Stare decisis
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
18. What are the 3 types of bailment?
Option
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
By Performance - By Agreement - By Frustration - By Operation of law
Slander and Libel
19. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Prima facie
Sunset Clause
Lie flat to distribute the force of the impact
'The thing speaks for itself'
20. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
General damages
E. Coli
Proximate cause of the injury
21. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Criminal - Family - Youth - Small claims court
Section 33 of the Charter
Amortization
Landlord-tenant
22. How can an employer escape alcohol misuse liability?
Intentional - Unintentional
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.
John Humphrey
Trade mark
23. The plaintiff has been injured upon the result of his own negligence
Neighbour principle
Contributory Negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Pleadings - discoveries - pretrial and or mediation - trial - appeals
24. Division of law that defines rights and remedies
Trade mark
Negligent Misrepresentation
Substantive Law
Exemplary damages
25. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Exemplary damages
Defenses to intentional Torts
Option
Stare decisis
26. List 3 ways to finance a new or existing business.
Power of Attorney
Duty to mitigate
Equity financing - debt financing - sale of assets
Injurious Falsehood
27. Spoken and written defamation
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
Lie flat to distribute the force of the impact
Slander and Libel
28. A person who becomes ill but did not pay for the meal can sue the establishment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Neighbour principle
To 'perfect' a lien
4 items that should be included in the job description
29. Legal responsibility for the negligence of another person
Negligence
Vicarious liability
Good Samaritan Legislation
Surcharge
30. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Bona fide occupational requirement
To 'perfect' a lien
31. Another word for 'reafian'?
Players in the legal system
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reiver
Financial disloyalty - falsified qualifications - gross and continuing incompetence
32. 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?
John Humphrey
Breach of contract
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
33. What must be established to substantiate a claim for bailment?
Unconscionable transactions
Natural Law
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
34. Beyond a reasonable doubt is what probability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Common - mutual and unilateral.
98%
Sunset Clause
35. Once a contract is written - it cannot be changed without consent of both parties.
Trade mark
Vicarious liability
Restrictive covenant
The parol evidence rule
36. Food Poisoning from chicken
Salmonella
Actus reus and Mens rea
Non est factum
Personal and real
37. An agreement by an offeror to leave an offer open for a specified period of time
Non est factum
The items that should be included in a job description
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
Option
38. Use of another company's business name or logo without permission.
Trademark infringement
Landlord-tenant
The items that should be included in a job description
Res ipsa loquitar
39. Political - religious beliefs - and affiliations
The 2 classes of servants
The parol evidence rule
Creed
Negligence
40. 3 types of business structures.
Sole proprietorship - partnership - and corporations
General damages
Stare decisis
Amortization
41. Which of the following rights does the Charter guarantee only to citizens of Canada
Reasonable Person Test
John Humphrey
Unilateral Contract
Democratic rights to vote or run for election
42. Accommodations that are not considered 'inns'.
Easement
Noncompetition/nonsolicitation clauses
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Financial disloyalty - falsified qualifications - gross and continuing incompetence
43. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Damages that are imposed to punish and to make an example of the offending party
Express deposit
Thin Skull Rule
Merit
44. Two types of negligence
Injurious Falsehood
The owner
E. Coli
Intentional - Unintentional
45. Notices of statutory provisions limiting liability be posted where?
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
1) in the office - 2) every guestroom - and 3) public rooms (area).
Exemplary damages
Intentional - Unintentional
46. Defaming a business - a product or a property rather than a person.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Injurious Falsehood
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
47. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Passing off
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
4 items that should be included in the job description
48. Surviving a falling elevator
$413 or 55% of the claimant's average insured earnings (whichever is less)
Passing off
Negligence
Lie flat to distribute the force of the impact
49. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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50. A symbol - word - name or device used to identify or signify a company or its product.
Disclaimer
Power of attorney
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
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