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Test your basic knowledge |
Hospitality Law
Start Test
Study First
Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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 four purposes of sentencing?
Exceptions to the privity of contract rule
Acts of God - acts of a public enemy - guests' own negligence
Reasonable Person Test
Specific deterrence - general deterrence - rehabilitation - protection of the public
2. Innocent - negligent and fraudulent
Injurious Falsehood
The kinds of misrepresentation
Slander and Libel
Parol Evidence Rule
3. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Habeas corpus
Negligent Misrepresentation
Unconscionable transactions
Arraignment
4. First stage in a criminal court procedure
Repudiation - Sabotage - Failure to perform
Royal prerogatives
Arraignment
420 to 700 hours depending on the regional unemployment rate
5. A symbol - word - name or device used to identify or signify a company or its product.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Defamation
Trade mark
Open and notorious - unchallenged - exclusive - continuous
6. Fundamental freedoms in Section 2 of the Charter
Absolute liability
Uttering
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
General damages
7. A restriction placed on some aspect of land use.
Restrictive covenant
Infra hospitium
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Actus reus
8. Selling accounts receivable at a discount.
Factoring
98%
Noncompetition/nonsolicitation clauses
Reiver
9. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Private law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Good Samaritan Legislation
Vicarious Liability
10. 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
Noncompetition/nonsolicitation clauses
Intentional torts
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The 4 principles of Equal Pay legislation
11. The period of time required to pay off the principal completely at a set interest rate.
Common - mutual and unilateral.
Notary
Criminal - Family - Youth - Small claims court
Amortization
12. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Consideration
4 items that should be included in the job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
13. A plaintiff is partly or solely the cause of his or her own injury.
Invitation to treat
Passing off
The 2 classes of servants
Contributory negligence
14. The exchange of benefits; the price a party pays for the promise
Surcharge
Shareholders - board of directors - statutory officers - employees - and creditors
Consideration
Discoveries Stage
15. Independent contractors and employees.
Summary conviction (minor) - indictable (serious) - hybrid
Contributory Negligence
Reasons a contract may be impeached
The 2 classes of servants
16. The publication of a false statement about someone either verbally or in writing which damages their reputation
Sole proprietorship - partnership - and corporations
Exemplary damages
Defamation
Lie flat to distribute the force of the impact
17. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non delegable duty
Section 33 of the Charter
18. Surviving a falling elevator
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Factoring
Lie flat to distribute the force of the impact
Land - buildings - fixtures
19. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Passing off
20. Once a contract is written - it cannot be changed without consent of both parties.
Easement
General damages
Negligent Misrepresentation
The parol evidence rule
21. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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22. What are three ways a contract is breached?
To 'perfect' a lien
Express deposit
Repudiation - sabotage - failure to perform
By Performance - By Agreement - By Frustration - By Operation of law
23. When 50 or more employees are laid off within 2 months.
Contributory negligence
Gratuitous Promise
Trade mark
Group termination
24. Damages imposed to make an example of the wrongdoer
Exemplary damages
Easement
Four purpose of sentencing
Summary conviction - Indictable - Hybrid
25. What are the two types of property?
Personal and real
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
Equitable estoppal
Negligence
26. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Reasons a contract may be impeached
The items that should be included in a job description
Financial disloyalty - falsified qualifications - gross and continuing incompetence
27. 5 possible consequences if you default on your mortgage?
Intentional - Unintentional
Trademark infringement
To 'perfect' a lien
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
28. Who owns mislaid property?
Res ipsa loquitar
Injurious Falsehood
The owner
Duty to mitigate
29. How can an employer escape alcohol misuse liability?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury
Instances under which an offer lapses
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.
30. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Passing off
Infra hospitium
Defenses to intentional Torts
31. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Absolute liability
Reasons a contract may be impeached
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
32. Res ipsa loquitur
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33. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Group termination
Consideration
Contributory Negligence
34. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Gratuitous Promise
E. Coli
Intentional - Unintentional
Uttering
35. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Reasonable Person Test
Disclaimer
Exemplary damages
36. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Agent
Notary
Salmonella
37. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Contributory Negligence
Equitable estoppal
Breach of contract
38. Accommodations that are not considered 'inns'.
Reiver
Acts of God - acts of a public enemy - guests' own negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Quantum meruit
39. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Criminal - Family - Youth - Small claims court
Instances under which an offer lapses
Passing off
40. Latin for guilty act and guilty mind
420 to 700 hours depending on the regional unemployment rate
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Actus reus and Mens rea
41. An advertisement is an example of this... lets people know that you are ready to accept offers
John Humphrey
Invitation to treat
Nepotism
Consideration
42. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Notary
Contributory negligence
The 4 principles of Equal Pay legislation
43. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Fiduciary Duty
Quantum meruit
44. What are exemplary damages?
Passing off
Damages that are imposed to punish and to make an example of the offending party
Exemplary damages
Exceptions to the privity of contract rule
45. Allows a legislation to override the Charter
Innocent - negligent - fraudulent
4 items that should be included in the job description
Section 33 of the Charter
E. Coli
46. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Innocent - negligent - fraudulent
51% or 52%
Thin Skull Rule
47. 'It stands decided'
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Stare decisis
Sole proprietorship - partnership - and corporations
Unconscionable transactions
48. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Nepotism
Parol Evidence Rule
Royal prerogatives
49. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppel
Equitable estoppal
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration
50. Guilty mind.
Mens rea
Players in the legal system
Democratic rights to vote or run for election
4 items that should be included in the job description
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