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Test your basic knowledge |
Hospitality Law
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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. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Instances under which an offer lapses
Trade mark
Passing off
Reasons a contract may be impeached
2. An agreement by an offeror to leave an offer open for a specified period of time.
Non delegable duty
Specific deterrence - general deterrence - rehabilitation - protection of the public
Option
Agent
3. Two kinds of negligence
Royal prerogatives
Reasons a contract may be impeached
Factoring
Intentional - Unintentional
4. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Constitution
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Unconscionable transactions
5. Damages imposed to make an example of the wrongdoer
Exemplary damages
Summary conviction (minor) - indictable (serious) - hybrid
Unilateral Contract
Surcharge
6. 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?
John Humphrey
Restrictive covenant
Open and notorious - unchallenged - exclusive - continuous
Breach of contract
7. Guilty act in Latin.
Contributory negligence
Actus reus
Disclaimer
John Humphrey
8. An advertisement is an example of this... lets people know that you are ready to accept offers
Vicarious liability
Invitation to treat
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Unconscionable transactions
9. It is not my deed
Non est factum
Defenses to intentional Torts
Food and Drugs Act
The 2 classes of servants
10. What are the three exceptions to the common law absolute liability rule.
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11. Spoken and written defamation
Slander and Libel
Breach of contract
Negligent Misrepresentation
Salmonella
12. Laws duly enacted by a person or body having the authority to enact and enforce them.
Parol Evidence Rule
Ultra vires
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Positive law
13. List the 3 subtle signs of intoxication.
Amortization
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Land - buildings - fixtures
Salmonella
14. Promises made without consideration
Intentional - Unintentional
Reasonable Person Test
Gratuitous Promise
The kinds of misrepresentation
15. Most difficult element of negligence to prove
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Group termination
Consideration
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
16. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Passing off
E. Coli
Surcharge
17. Minimum amount of hours needed to be eligible for EI benefits.
Breach of contract
420 to 700 hours depending on the regional unemployment rate
Legal realism
The owner
18. Conditions for rightful dismissal.
Discoveries Stage
Negligent Misrepresentation
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
19. Within the walls of the inn
Bona fide occupational requirement
Infra hospitium
Mens rea
Salmonella
20. List remedies one would expect when a contract is breached
Option
Equity financing - debt financing - sale of assets
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Damages that are imposed to punish and to make an example of the offending party
21. Another word for 'reafian'?
John Humphrey
Reiver
Infra hospitium
Quantum merits
22. Discrimination that is actually encouraged in our society
Merit
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Negligent Misrepresentation
23. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Section 33 of the Charter
Damages that are imposed to punish and to make an example of the offending party
Easement
Duty to mitigate
24. Latin term for 'On the face of it'.
Slander and Libel
Prima facie
Non est factum
Amortization
25. Three types of intangibles
Types of contracts which must be in writing
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Exemplary 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
26. When the police do not need a warrant to search your residence and/or business?
Vicarious Liability
Thin Skull Rule
Injurious Falsehood
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
27. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
'The thing speaks for itself'
Positive Law
Food and Drugs Act
Group termination
28. How contracts can be discharged
Defamation
Non delegable duty
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
29. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Independent contractors - employees
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
30. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Power of attorney
Passing off
6 primary purposes of tort law
Substantive Law
31. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Types of contracts which must be in writing
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
Negligence Per se
Express deposit
32. What are the 3 types of bailment?
Quantum merits
E. Coli
Instances under which an offer lapses
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
33. list 4 elements of bailment
Fiduciary Duty
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Merit
Open and notorious - unchallenged - exclusive - continuous
34. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Passing off
Power of Attorney
Landlord-tenant
35. Author of the Universal Declaration of Human Rights
Non delegable duty
John Humphrey
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
Option
36. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Power of attorney
Independent contractors - employees
Easement
37. A plaintiff is partly or solely the cause of his or her own injury.
Injurious Falsehood
Contributory negligence
51% or 52%
Non delegable duty
38. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Trademark infringement
Theft of services
Negligence
The items that should be included in a job description
39. Food poisoning from hamburger
Trade mark
E. Coli
Section 33 of the Charter
Summary conviction (minor) - indictable (serious) - hybrid
40. Legislators - judges - jurors - lawyers - clients and police
Duty to mitigate
Players in the legal system
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - Indictable - Hybrid
41. The exchange of benefits; the price a party pays for the promise
Fiduciary Duty
Trademark infringement
Reasons a contract may be impeached
Consideration
42. What are the 5 tiers of the corporate structure.
Negligence
Shareholders - board of directors - statutory officers - employees - and creditors
Unilateral Contract
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
43. The publication of a false statement about someone either verbally or in writing which damages their reputation
Discoveries Stage
Defamation
By Performance - By Agreement - By Frustration - By Operation of law
Quantum meruit
44. Legal responsibility for the negligence of another person
Vicarious liability
Landlord-tenant
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Reasons a contract may be impeached
45. 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
Good Samaritan Legislation
Exemplary damages
Nepotism
Equitable estoppal
46. Alcohol misuse under the Liquor License Act
Summary conviction - indictable - and hybrid
$413 or 55% of the claimant's average insured earnings (whichever is less)
Nepotism
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
47. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Exemplary damages
Substantive Law
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. Latin for 'the thing speaks for itself'
Section 33 of the Charter
Res ipsa loquitar
'The thing speaks for itself'
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.
49. 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
Sunset Clause
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Repudiation - sabotage - failure to perform
Vicarious Liability
50. Law is whatever judges say it is...
Legal realism
Contributory negligence
Private law
Express deposit
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