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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. Laws duly enacted by a person or body having the authority to enact and enforce them.
Contributory Negligence
Positive law
Prima facie
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
2. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Nepotism
Theft of services
Bona fide occupational requirement
Instances under which an offer lapses
3. Four methods to prevent potential legal action against your business.
Passing off
Municipal government
The parol evidence rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
4. Alcohol misuse under the Liquor License Act
General damages
Legal realism
Gratuitous bailment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
5. Damages imposed to make an example of the wrongdoer
Exemplary damages
Power of attorney
Factoring
420 to 700 hours depending on the regional unemployment rate
6. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Non est factum
Reiver
Surcharge
7. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Good Samaritan Legislation
The items that should be included in a job description
4 items that should be included in the job description
The 4 principles of Equal Pay legislation
8. Another word for 'reafian'?
Power of Attorney
Reiver
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
'The thing speaks for itself'
9. Law based on moral - religious or philosophical grounds
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Natural Law
The 4 principles of Equal Pay legislation
Intentional - Unintentional
10. A right to use another's land for a specific purpose.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Easement
Trademark infringement
11. Balance of probability needed to win a civil case
Fiduciary Duty
51% or 52%
Royal prerogatives
John Humphrey
12. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
420 to 700 hours depending on the regional unemployment rate
Exceptions to the privity of contract rule
Gratuitous bailment
Food and Drugs Act
13. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sunset Clause
Lie flat to distribute the force of the impact
14. Author of the 1948 Universal Declaration of Human Rights
Private law
General - Punitive - Exemplary
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements
15. Most difficult element of negligence to prove
Duty to mitigate
E. Coli
Arraignment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
16. When the police do not need a warrant to search your residence and/or business?
Personal and real
Types of contracts which must be in writing
Non est factum
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
17. A symbol - word - name or device used to identify or signify a company or its product.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
Trade mark
Lie flat to distribute the force of the impact
18. When 50 or more employees are laid off within 2 months.
Negligent Misrepresentation
Personal and real
Group termination
Legal realism
19. How contracts can be discharged
6 primary purposes of tort law
Habeas corpus
By Performance - By Agreement - By Frustration - By Operation of law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
20. Use of another company's business name or logo without permission.
Royal prerogatives
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.
Trademark infringement
Habeas corpus
21. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Easement
Ultra vires
Equity financing - debt financing - sale of assets
Exceptions to the privity of contract rule
22. A plaintiff is partly or solely the cause of his or her own injury.
Duty to mitigate
Contributory negligence
Food and Drugs Act
Trade mark
23. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Food and Drugs Act
6 primary purposes of tort law
Nepotism
24. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
Damages that are imposed to punish and to make an example of the offending party
25. A duty that cannot be given to someone else
Non delegable duty
Lie flat to distribute the force of the impact
E. Coli
Surcharge
26. Someone who certifies documents - but does not draft documents
6 primary purposes of tort law
Notary
The kinds of misrepresentation
Damages that are imposed to punish and to make an example of the offending party
27. Latin term for 'It is not my deed
Non est factum
Contributory Negligence
Unconscionable transactions
To 'perfect' a lien
28. Latin term for within or on the premises of the inn (extension of the inn).
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligent Misrepresentation
Quantum merits
Infra hospitium
29. The amount he merits
Quantum merits
Independent contractors - employees
Unilateral Contract
Equitable estoppel
30. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Reiver
Discoveries Stage
Mens rea
31. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Summary conviction (minor) - indictable (serious) - hybrid
Passing off
Vicarious Liability
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.
32. What must be established to substantiate a claim for bailment?
Positive Law
Duty to mitigate
Absolute liability
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
33. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Infra hospitium
Theft of services
34. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Trademark infringement
Gratuitous Promise
Theft of services
35. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Fiduciary Duty
Substantive Law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
36. Once a contract is written - it cannot be changed without consent of both parties.
Independent contractors - employees
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
The parol evidence rule
37. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trade mark
38. When the public is misled into believing that one company's goods or services are those a similar brand or product
Actus reus
Shareholders - board of directors - statutory officers - employees - and creditors
Power of attorney
Passing off
39. In a criminal procedure list the 3 types of offenses
Defamation
Instances under which an offer lapses
Summary conviction (minor) - indictable (serious) - hybrid
Trademark infringement
40. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
Restrictive covenant
41. Food Poisoning from chicken
Salmonella
The owner
Repudiation - sabotage - failure to perform
4 items that should be included in the job description
42. A promise for an action
Unilateral Contract
Habeas corpus
Contributory Negligence
Open and notorious - unchallenged - exclusive - continuous
43. Guilty act in Latin.
The 2 classes of servants
Summary conviction - Indictable - Hybrid
Actus reus
Boarding house - a rooming house - homes for seniors - and time-share arrangements
44. 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?
Breach of contract
Contributory negligence
Personal and real
Disclaimer
45. The period of time required to pay off the principal completely at a set interest rate.
Non delegable duty
Private law
Amortization
Actus reus and Mens rea
46. What does real property include?
Proximate cause of the injury
Option
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Land - buildings - fixtures
47. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
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
Nepotism
48. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Power of Attorney
Damages that are imposed to punish and to make an example of the offending party
Notary
49. 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
Merit
Acts of God - acts of a public enemy - guests' own negligence
Good Samaritan Legislation
Duty to mitigate
50. How can an employer escape alcohol misuse liability?
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.
To 'perfect' a lien
Group termination
Damages that are imposed to punish and to make an example of the offending party