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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. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Absolute liability
Intentional - Unintentional
Contributory negligence
Duty to mitigate
2. How contracts can be discharged
The owner
Notary
By Performance - By Agreement - By Frustration - By Operation of law
Damages that are imposed to punish and to make an example of the offending party
3. Specific deterrence - general deterrence - rehabilitation - and protection of the public
4 items that should be included in the job description
Passing off
51% or 52%
Four purpose of sentencing
4. When the public is misled into believing that one company's goods or services are those a similar brand or product
Discoveries Stage
Exceptions to the privity of contract rule
Passing off
Consideration
5. A plaintiff is partly or solely the cause of his or her own injury.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory negligence
Acts of God - acts of a public enemy - guests' own negligence
Prima facie
6. Selling accounts receivable at a discount.
Contributory negligence
Factoring
Vicarious Liability
Equitable estoppel
7. Once a contract is written - it cannot be changed without the consent of both parties
Habeas corpus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Parol Evidence Rule
Positive Law
8. Law is whatever judges say it is...
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Substantive Law
Legal realism
Mens rea
9. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sunset Clause
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
10. 3 types of business structures.
Non est factum
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sole proprietorship - partnership - and corporations
11. 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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Thin Skull Rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Section 33 of the Charter
12. Food poisoning from hamburger
Absolute liability
Uttering
E. Coli
420 to 700 hours depending on the regional unemployment rate
13. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Reiver
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Quantum merits
14. Guilty mind.
Res ipsa loquitar
Actus reus and Mens rea
Quantum meruit
Mens rea
15. Division of law that defines rights and remedies
Substantive Law
51% or 52%
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
John Humphrey
16. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Absolute liability
Non est factum
Disclaimer
17. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
John Humphrey
Infra hospitium
Passing off
Uttering
18. Spoken and written defamation
Slander and Libel
Vicarious Liability
Section 33 of the Charter
Equity financing - debt financing - sale of assets
19. Who owns mislaid property?
Gratuitous bailment
Price fixing
The owner
Pleadings - discoveries - pretrial and or mediation - trial - appeals
20. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Exceptions to the privity of contract rule
Four purpose of sentencing
E. Coli
21. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Disclaimer
Reiver
Parol Evidence Rule
22. 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.
Sole proprietorship - partnership - and corporations
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exemplary damages
Noncompetition/nonsolicitation clauses
23. Discrimination that is actually encouraged in our society
Merit
Contributory negligence
Land - buildings - fixtures
Bona fide occupational requirement
24. 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
Contributory Negligence
Vicarious Liability
Fiduciary Duty
25. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
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.
General damages
Price fixing
26. A plaintiff is partly or solely the cause of his or her own injury
Option
John Humphrey
Contributory negligence
E. Coli
27. The division of law associated with interpersonal matters
Summary conviction - indictable - and hybrid
Factoring
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Private law
28. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Land - buildings - fixtures
Breach of contract
Passing off
Open and notorious - unchallenged - exclusive - continuous
29. The period of time required to pay off the principal completely at a set interest rate.
The items that should be included in a job description
'The thing speaks for itself'
Amortization
Nepotism
30. 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
Absolute liability
Vicarious Liability
Positive law
31. The amount he merits
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Types of contracts which must be in writing
Shareholders - board of directors - statutory officers - employees - and creditors
Quantum merits
32. Beyond a reasonable doubt is what probability
Trademark infringement
Thin Skull Rule
98%
Four purpose of sentencing
33. Defaming a business - a product or a property rather than a person.
Summary conviction - indictable - and hybrid
Injurious Falsehood
Non est factum
Gratuitous Promise
34. List 5/6 items employers can expect from their employees
Landlord-tenant
Consideration
E. Coli
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
35. Bailment for the sole benefit of the bailor.
Gratuitous bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Constitution
Summary conviction (minor) - indictable (serious) - hybrid
36. Legislators - judges - jurors - lawyers - clients and police
Open and notorious - unchallenged - exclusive - continuous
Floating charge
Unconscionable transactions
Players in the legal system
37. Balance of probability needed to win a civil case
51% or 52%
Trade mark
Breach of contract
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
38. 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?
Breach of contract
Power of Attorney
Price fixing
Quantum merits
39. Latin for guilty act and guilty mind
Actus reus and Mens rea
Four purpose of sentencing
Agent
The 4 principles of Equal Pay legislation
40. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Types of contracts which must be in writing
Repudiation - Sabotage - Failure to perform
The items that should be included in a job description
42. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Discoveries Stage
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence
43. In a criminal procedure list the 3 types of offenses
Fiduciary Duty
Summary conviction (minor) - indictable (serious) - hybrid
Uttering
Quantum meruit
44. What does real property include?
Prima facie
Instances under which an offer lapses
Land - buildings - fixtures
Fiduciary Duty
45. Latin term for 'On the face of it'.
Prima facie
General damages
Trademark infringement
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
46. 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.
Summary conviction - Indictable - Hybrid
Fiduciary Duty
Repudiation - sabotage - failure to perform
Creed
47. List the 3 subtle signs of intoxication.
Exemplary damages
Passing off
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Land - buildings - fixtures
48. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Equity financing - debt financing - sale of assets
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Infra hospitium
Discoveries Stage
49. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reasons a contract may be impeached
Non est factum
Neighbour principle
50. List the 4 conditions of adverse possession. (squatter's rights)
Power of attorney
Open and notorious - unchallenged - exclusive - continuous
Non est factum
Positive law
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