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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 the three kinds of misrepresentation?
Floating charge
Land - buildings - fixtures
$413 or 55% of the claimant's average insured earnings (whichever is less)
Innocent - negligent - fraudulent
2. List 5/6 items employers can expect from their employees
Power of Attorney
Noncompetition/nonsolicitation clauses
Quantum meruit
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
3. A promise for an action
Defenses to intentional Torts
Unilateral Contract
Good Samaritan Legislation
Trade mark
4. It is not my deed
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Non est factum
Acts of God - acts of a public enemy - guests' own negligence
Amortization
5. Selling accounts receivable at a discount.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The parol evidence rule
Four purpose of sentencing
Factoring
6. Spoken and written defamation
Actus reus
Positive law
Slander and Libel
Intentional torts
7. Governor general and lieutenant governors
Royal prerogatives
Salmonella
The owner
Defenses to intentional Torts
8. Conditions for rightful dismissal.
Reasons a contract may be impeached
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Ultra vires
9. When two or more suppliers conspire to set prices.
Price fixing
Repudiation - Sabotage - Failure to perform
'The thing speaks for itself'
Equitable estoppal
10. What are exemplary damages?
Arraignment
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Prima facie
Damages that are imposed to punish and to make an example of the offending party
11. A plaintiff is partly or solely the cause of his or her own injury.
Unconscionable transactions
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Habeas corpus
Contributory negligence
12. First stage in a criminal court procedure
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
98%
John Humphrey
Arraignment
13. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Gratuitous bailment
Habeas corpus
Duty to mitigate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
14. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Landlord-tenant
Constitution
4 items that should be included in the job description
John Humphrey
15. Promises made without consideration
Municipal government
Invitation to treat
Gratuitous Promise
Gratuitous bailment
16. Law is whatever judges say it is...
Disclaimer
Legal realism
Food and Drugs Act
Section 33 of the Charter
17. Innocent - negligent and fraudulent
The kinds of misrepresentation
Noncompetition/nonsolicitation clauses
Habeas corpus
Unconscionable transactions
18. Four methods to prevent potential legal action against your business.
Instances under which an offer lapses
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Fiduciary Duty
General damages
19. 3 types of offenses in a criminal procedure
Consideration
Summary conviction - Indictable - Hybrid
6 primary purposes of tort law
Passing off
20. Two kinds of negligence
General damages
Breach of contract
Consideration
Intentional - Unintentional
21. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Independent contractors - employees
Positive law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
22. Two types of negligence
Quantum merits
Intentional - Unintentional
Repudiation - sabotage - failure to perform
E. Coli
23. Latin for 'the thing speaks for itself'
Amortization
Infra hospitium
Defamation
Res ipsa loquitar
24. Another word for 'reafian'?
Prima facie
Thin Skull Rule
John Humphrey
Reiver
25. The plaintiff has been injured upon the result of his own negligence
Section 33 of the Charter
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Independent contractors - employees
Contributory Negligence
26. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Defenses to intentional Torts
To 'perfect' a lien
The 4 principles of Equal Pay legislation
27. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
General damages
Specific deterrence - general deterrence - rehabilitation - protection of the public
Express deposit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
28. Within the walls of the inn
Infra hospitium
Substantive Law
Section 33 of the Charter
Good Samaritan Legislation
29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Reiver
Negligence Per se
Gratuitous bailment
Exceptions to the privity of contract rule
30. The publication of a false statement about someone either verbally or in writing which damages their reputation
The parol evidence rule
Defamation
Contributory negligence
Creed
31. What are the 3 ways employment can be terminated?
Types of contracts which must be in writing
John Humphrey
Fiduciary Duty
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
32. An advertisement is an example of this... lets people know that you are ready to accept offers
Positive Law
Invitation to treat
Specific deterrence - general deterrence - rehabilitation - protection of the public
Criminal - Family - Youth - Small claims court
33. Who owns mislaid property?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trademark infringement
The owner
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
34. You shall have the body
Acts of God - acts of a public enemy - guests' own negligence
Surcharge
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Habeas corpus
35. What must be established to substantiate a claim for bailment?
Breach of contract
Legal realism
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
Intentional - Unintentional
36. Damages are awarded to compensate the injured party
Group termination
Res ipsa loquitar
General damages
Instances under which an offer lapses
37. This relationship exists when one person has the power to affect another person's property or legal interests
Merit
Fiduciary Duty
Constitution
Lie flat to distribute the force of the impact
38. What does BFOR stand for?
Constitution
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
Bona fide occupational requirement
39. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability
Consideration
40. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
By Performance - By Agreement - By Frustration - By Operation of law
420 to 700 hours depending on the regional unemployment rate
Restrictive covenant
41. 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.
Good Samaritan Legislation
Theft of services
Prima facie
Notary
42. An agreement by an offeror to leave an offer open for a specified period of time.
Invitation to treat
Option
Mens rea
Substantive Law
43. Fundamental freedoms in Section 2 of the Charter
Reasonable Person Test
General damages
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligence
44. A duty that cannot be given to someone else
Non delegable duty
Ultra vires
Discoveries Stage
Summary conviction (minor) - indictable (serious) - hybrid
45. The most difficult element of negligence to prove
Proximate cause of the injury
Passing off
Prima facie
Discoveries Stage
46. Law based on moral - religious or philosophical grounds
Creed
Common - mutual and unilateral.
Neighbour principle
Natural Law
47. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Sole proprietorship - partnership - and corporations
Breach of contract
Substantive Law
Passing off
48. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Positive law
Floating charge
Fiduciary Duty
Innocent - negligent - fraudulent
49. Res ipsa loquitur
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50. 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
Good Samaritan Legislation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The 4 principles of Equal Pay legislation
Notary