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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. The most difficult element of negligence to prove
Amortization
Proximate cause of the injury
Sunset Clause
Equity financing - debt financing - sale of assets
2. Once a contract is written - it cannot be changed without the consent of both parties
Landlord-tenant
Parol Evidence Rule
Positive law
Arraignment
3. What are the 3 ways employment can be terminated?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Damages that are imposed to punish and to make an example of the offending party
Price fixing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
4. The level of government in charge of bylaws
Negligence Per se
Municipal government
Absolute liability
Criminal - Family - Youth - Small claims court
5. Surviving a falling elevator
Passing off
Substantive Law
Summary conviction - indictable - and hybrid
Lie flat to distribute the force of the impact
6. When the police do not need a warrant to search your residence and/or business?
Res ipsa loquitar
Consideration
Section 33 of the Charter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
7. What are the two types of property?
Passing off
Personal and real
Lie flat to distribute the force of the impact
Legal realism
8. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Summary conviction (minor) - indictable (serious) - hybrid
Positive law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
9. 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
The 4 principles of Equal Pay legislation
Mens rea
Discoveries Stage
420 to 700 hours depending on the regional unemployment rate
10. Innocent - negligent and fraudulent
6 primary purposes of tort law
The kinds of misrepresentation
Habeas corpus
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).
Option
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Notary
Negligence Per se
12. Governor general and lieutenant governors
Substantive Law
Players in the legal system
Non delegable duty
Royal prerogatives
13. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Innocent - negligent - fraudulent
Factoring
Neighbour principle
14. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Parol Evidence Rule
Invitation to treat
Vicarious liability
15. Someone who certifies documents - but does not draft documents
Notary
Group termination
Gratuitous bailment
Negligence Per se
16. Once a contract is written - it cannot be changed without consent of both parties.
To 'perfect' a lien
The parol evidence rule
Easement
Financial disloyalty - falsified qualifications - gross and continuing incompetence
17. Beyond a reasonable doubt is what probability
Proximate cause of the injury
Private law
Stare decisis
98%
18. Food Poisoning from chicken
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Salmonella
Non delegable duty
Good Samaritan Legislation
19. Latin term for 'On the face of it'.
Summary conviction (minor) - indictable (serious) - hybrid
Proximate cause of the injury
The parol evidence rule
Prima facie
20. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Private law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory Negligence
Uttering
21. List 5/6 items employers can expect from their employees
Restrictive covenant
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Uttering
Parol Evidence Rule
22. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional torts
Types of contracts which must be in writing
Personal and real
23. Discrimination that is actually encouraged in our society
Invitation to treat
Res ipsa loquitar
Contributory negligence
Merit
24. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Bona fide occupational requirement
Players in the legal system
Floating charge
25. Guilty mind.
Equitable estoppal
Mens rea
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Power of Attorney
26. Legislators - judges - jurors - lawyers - clients and police
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Players in the legal system
John Humphrey
Negligence Per se
27. 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
Duty to mitigate
Vicarious Liability
Contributory negligence
Royal prerogatives
28. Laws duly enacted by a person or body having the authority to enact and enforce them.
Duty to mitigate
Habeas corpus
Positive law
6 primary purposes of tort law
29. Use of another company's business name or logo without permission.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Trademark infringement
Vicarious Liability
Landlord-tenant
30. 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.
Acts of God - acts of a public enemy - guests' own negligence
Duty to mitigate
Equitable estoppel
Criminal - Family - Youth - Small claims court
31. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Summary conviction - Indictable - Hybrid
The 4 principles of Equal Pay legislation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Reasons a contract may be impeached
32. 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.
Contributory Negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Noncompetition/nonsolicitation clauses
Exceptions to the privity of contract rule
33. Author of the 1948 Universal Declaration of Human Rights
Summary conviction - Indictable - Hybrid
Equity financing - debt financing - sale of assets
John Humphrey
Invitation to treat
34. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Exceptions to the privity of contract rule
Duty to mitigate
Negligence
Actus reus and Mens rea
35. Latin for 'the thing speaks for itself'
4 items that should be included in the job description
Natural Law
Res ipsa loquitar
Consideration
36. 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?
Sole proprietorship - partnership - and corporations
Breach of contract
Passing off
Proximate cause of the injury
37. An agreement by an offeror to leave an offer open for a specified period of time.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Option
Thin Skull Rule
Food and Drugs Act
38. Law based on moral - religious or philosophical grounds
Natural Law
Express deposit
Ultra vires
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
39. The exchange of benefits; the price a party pays for the promise
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
Fiduciary Duty
Intentional torts
40. What are the three kinds of misrepresentation?
Proximate cause of the injury
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
4 items that should be included in the job description
Innocent - negligent - fraudulent
41. Division of law that defines rights and remedies
Instances under which an offer lapses
Acts of God - acts of a public enemy - guests' own negligence
4 items that should be included in the job description
Substantive Law
42. Four methods to prevent potential legal action against your business.
Injurious Falsehood
Repudiation - sabotage - failure to perform
Natural Law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
43. 'To have the body'
Bona fide occupational requirement
Salmonella
Habeas corpus
Invitation to treat
44. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Shareholders - board of directors - statutory officers - employees - and creditors
Disclaimer
Express deposit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
45. A duty that cannot be given to someone else
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
By Performance - By Agreement - By Frustration - By Operation of law
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
46. Regulation - deterrence - compensation - dispute resolution - education and prevention
Vicarious Liability
To 'perfect' a lien
Passing off
6 primary purposes of tort law
47. What does BFOR stand for?
Positive law
Prima facie
Bona fide occupational requirement
To 'perfect' a lien
48. 3 types of offenses in a criminal procedure
Non est factum
Sole proprietorship - partnership - and corporations
Summary conviction - Indictable - Hybrid
Absolute liability
49. Most difficult element of negligence to prove
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
50. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Option
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off