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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. How contracts can be discharged
Ultra vires
Parol Evidence Rule
By Performance - By Agreement - By Frustration - By Operation of law
Discoveries Stage

2. 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.
Absolute liability
Passing off
Fiduciary Duty
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

3. Guilty act in Latin.
Invitation to treat
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Actus reus

4. 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.
The items that should be included in a job description
Innocent - negligent - fraudulent
Noncompetition/nonsolicitation clauses
To 'perfect' a lien

5. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty

6. What are the 3 ways employment can be terminated?
Repudiation - sabotage - failure to perform
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Easement
Positive Law

7. Balance of probability needed to win a civil case
To 'perfect' a lien
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Duty to mitigate
51% or 52%

8. Defaming a business - a product or a property rather than a person.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Injurious Falsehood
Quantum meruit
Contributory negligence

9. 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
Power of attorney
Positive Law
Criminal - Family - Youth - Small claims court
Independent contractors - employees

10. Law is whatever judges say it is...
Shareholders - board of directors - statutory officers - employees - and creditors
Legal realism
Personal and real
Financial disloyalty - falsified qualifications - gross and continuing incompetence

11. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Proximate cause of the injury
Contributory Negligence
Negligence Per se
The kinds of misrepresentation

12. Independent contractors and employees.
Innocent - negligent - fraudulent
The 2 classes of servants
Contributory Negligence
Repudiation - Sabotage - Failure to perform

13. Allows a legislation to override the Charter
Open and notorious - unchallenged - exclusive - continuous
Merit
The owner
Section 33 of the Charter

14. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Repudiation - sabotage - failure to perform
1) in the office - 2) every guestroom - and 3) public rooms (area).
Types of contracts which must be in writing
Actus reus and Mens rea

15. Laws duly enacted by a person or body having the authority to enact and enforce them.
Noncompetition/nonsolicitation clauses
Positive law
Reasons a contract may be impeached
Unconscionable transactions

16. Two types of negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Section 33 of the Charter
Intentional - Unintentional
Lie flat to distribute the force of the impact

17. How can an employer escape alcohol misuse liability?
Surcharge
Equitable estoppal
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.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

18. What are exemplary damages?
Power of attorney
Ultra vires
Damages that are imposed to punish and to make an example of the offending party
Common - mutual and unilateral.

19. 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.
Theft of services
Easement
Equitable estoppel
Natural Law

20. Food Poisoning from chicken
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Food and Drugs Act
6 primary purposes of tort law
Salmonella

21. This relationship exists when one person has the power to affect another person's property or legal interests
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.
Fiduciary Duty
Reasonable Person Test

22. Latin term for within or on the premises of the inn (extension of the inn).
The 2 classes of servants
Infra hospitium
Proximate cause of the injury
The items that should be included in a job description

23. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Floating charge
Equitable estoppal
Ultra vires
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.

24. Surviving a falling elevator
Lie flat to distribute the force of the impact
Theft of services
Amortization
Exemplary damages

25. 5 possible consequences if you default on your mortgage?
$413 or 55% of the claimant's average insured earnings (whichever is less)
E. Coli
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

26. When the police do not need a warrant to search your residence and/or business?
Consideration
Independent contractors - employees
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Fiduciary Duty

27. It is not my deed
Vicarious Liability
Habeas corpus
Non est factum
The 2 classes of servants

28. Political - religious beliefs - and affiliations
Duty to mitigate
Creed
Acts of God - acts of a public enemy - guests' own negligence
The parol evidence rule

29. The publication of a false statement about someone either verbally or in writing which damages their reputation
The items that should be included in a job description
Defamation
420 to 700 hours depending on the regional unemployment rate
Innocent - negligent - fraudulent

30. Two kinds of negligence
Option
John Humphrey
Intentional - Unintentional
Summary conviction - indictable - and hybrid

31. What are the two types of property?
Res ipsa loquitar
Personal and real
Instances under which an offer lapses
Open and notorious - unchallenged - exclusive - continuous

32. Circumstances in which the authorities do not need a warrant to search your premises
Summary conviction - indictable - and hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Power of Attorney
51% or 52%

33. When the public is misled into believing that one company's goods or services are those a similar brand or product
Independent contractors - employees
Passing off
Ultra vires
Power of Attorney

34. A plaintiff is partly or solely the cause of his or her own injury
Summary conviction - Indictable - Hybrid
Contributory negligence
Shareholders - board of directors - statutory officers - employees - and creditors
Defamation

35. Damages imposed to make an example of the wrongdoer
Exemplary damages
Agent
4 items that should be included in the job description
Creed

36. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Power of attorney
Prima facie
98%

37. Minimum amount of hours needed to be eligible for EI benefits.
Bona fide occupational requirement
Thin Skull Rule
Quantum meruit
420 to 700 hours depending on the regional unemployment rate

38. 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.
The items that should be included in a job description
Thin Skull Rule
'The thing speaks for itself'
Land - buildings - fixtures

39. A person who becomes ill but did not pay for the meal can sue the establishment
51% or 52%
Disclaimer
Salmonella
Neighbour principle

40. What is the maximum weekly EI benefit?

41. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Price fixing
Non est factum
Sunset Clause
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

42. 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
Theft of services
Intentional - Unintentional
Negligence
Negligent Misrepresentation

43. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
E. Coli
Four purpose of sentencing
Express deposit

44. A duty that cannot be given to someone else
Thin Skull Rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Stare decisis
Non delegable duty

45. Under contract law - list the three types of mistake the law recognizes.
Unconscionable transactions
Common - mutual and unilateral.
The items that should be included in a job description
Bona fide occupational requirement

46. An agreement by an offeror to leave an offer open for a specified period of time.
John Humphrey
John Humphrey
Exceptions to the privity of contract rule
Option

47. A restriction placed on some aspect of land use.
Reasonable Person Test
Restrictive covenant
Contributory Negligence
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.

48. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
The owner
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Passing off

49. Res ipsa loquitur

50. What are the three exceptions to the common law absolute liability rule.