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Test your basic knowledge |
Hospitality Law
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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. An agreement by an offeror to leave an offer open for a specified period of time
Discoveries Stage
Reasons a contract may be impeached
Option
Instances under which an offer lapses
2. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Arraignment
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Creed
3. What are exemplary damages?
Actus reus
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party
4. List remedies one would expect when a contract is breached
Factoring
Equitable estoppel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Ultra vires
5. Stages of a civil action
Express deposit
Constitution
Slander and Libel
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
6. What does BFOR stand for?
Bona fide occupational requirement
Royal prerogatives
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Habeas corpus
7. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Negligent Misrepresentation
Consideration
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sunset Clause
8. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional torts
9. what are the four purposes of sentencing?
Unconscionable transactions
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
Shareholders - board of directors - statutory officers - employees - and creditors
10. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
John Humphrey
Disclaimer
Vicarious Liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence
11. A plaintiff is partly or solely the cause of his or her own injury
Uttering
Shareholders - board of directors - statutory officers - employees - and creditors
The 4 principles of Equal Pay legislation
Contributory negligence
12. Once a contract is written - it cannot be changed without consent of both parties.
Arraignment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The parol evidence rule
Amortization
13. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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14. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
6 primary purposes of tort law
Price fixing
Intentional torts
15. 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.
Non est factum
Habeas corpus
Thin Skull Rule
Absolute liability
16. Guilty act in Latin.
Non est factum
Vicarious liability
Municipal government
Actus reus
17. Damages are awarded to compensate the injured party
Reiver
Discoveries Stage
General damages
Uttering
18. Latin term for within or on the premises of the inn (extension of the inn).
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
Infra hospitium
Passing off
Gratuitous bailment
19. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Creed
The items that should be included in a job description
Four purpose of sentencing
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
20. This person acts on behalf of the principal
Surcharge
98%
Agent
General - Punitive - Exemplary
21. 'Reasonable worth of the good'
Unilateral Contract
Passing off
Duty to mitigate
Quantum meruit
22. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
The items that should be included in a job description
Sunset Clause
Instances under which an offer lapses
Land - buildings - fixtures
23. When the police do not need a warrant to search your residence and/or business?
Land - buildings - fixtures
Exceptions to the privity of contract rule
Noncompetition/nonsolicitation clauses
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
24. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The items that should be included in a job description
Surcharge
Intentional - Unintentional
25. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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26. Laws duly enacted by a person or body having the authority to enact and enforce them.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Instances under which an offer lapses
Reasonable Person Test
Positive law
27. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
'The thing speaks for itself'
4 items that should be included in the job description
Trade mark
28. A promise for an action
Intentional torts
Intentional - Unintentional
Unilateral Contract
Prima facie
29. Independent contractors and employees.
Price fixing
Trademark infringement
The 2 classes of servants
Consideration
30. Law is whatever judges say it is...
Passing off
Legal realism
Infra hospitium
Section 33 of the Charter
31. What are three ways a contract is breached?
Municipal government
Negligence Per se
Breach of contract
Repudiation - sabotage - failure to perform
32. Discrimination that is actually encouraged in our society
Uttering
Power of Attorney
Merit
Habeas corpus
33. Amount added on to a usual charge for a specific product - purpose - or service.
Criminal - Family - Youth - Small claims court
Surcharge
Nepotism
Consideration
34. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Unilateral Contract
Non est factum
Reiver
35. The plaintiff has been injured upon the result of his own negligence
Negligent Misrepresentation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Stare decisis
Contributory Negligence
36. What would a careful - thoughtful person in the same circumstances have done
Duty to mitigate
Duty to mitigate
Open and notorious - unchallenged - exclusive - continuous
Reasonable Person Test
37. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Infra hospitium
The 2 classes of servants
Trademark infringement
38. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
John Humphrey
Floating charge
Intentional torts
Summary conviction - indictable - and hybrid
39. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Agent
Uttering
Surcharge
Summary conviction - indictable - and hybrid
40. How contracts can be discharged
Intentional - Unintentional
Neighbour principle
By Performance - By Agreement - By Frustration - By Operation of law
Habeas corpus
41. Accommodations that are not considered 'inns'.
Prima facie
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Negligent Misrepresentation
Reiver
42. The publication of a false statement about someone either verbally or in writing which damages their reputation
Agent
Defamation
Intentional - Unintentional
Contributory negligence
43. Once a contract is written - it cannot be changed without the consent of both parties
Easement
Parol Evidence Rule
Negligence
Factoring
44. Latin term for 'On the face of it'.
Discoveries Stage
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
Prima facie
45. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
46. Defaming a business - a product or a property rather than a person.
Vicarious liability
Injurious Falsehood
Thin Skull Rule
General - Punitive - Exemplary
47. A person who becomes ill but did not pay for the meal can sue the establishment
Mens rea
Neighbour principle
The parol evidence rule
Habeas corpus
48. When 50 or more employees are laid off within 2 months.
The kinds of misrepresentation
Consideration
Intentional - Unintentional
Group termination
49. 3 types of business structures.
Equitable estoppal
Trademark infringement
Sole proprietorship - partnership - and corporations
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
50. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Contributory negligence
Prima facie
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
Absolute liability
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