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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. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The 2 classes of servants
Trademark infringement
Duty to mitigate
2. Selling accounts receivable at a discount.
Negligence Per se
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.
Factoring
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
3. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
98%
Trademark infringement
Summary conviction - Indictable - Hybrid
Discoveries Stage
4. Within the walls of the inn
Intentional - Unintentional
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.
Quantum merits
Infra hospitium
5. The plaintiff has been injured upon the result of his own negligence
General damages
Gratuitous bailment
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory Negligence
6. What are the two types of property?
Positive Law
Personal and real
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Actus reus and Mens rea
7. Someone who certifies documents - but does not draft documents
Floating charge
Thin Skull Rule
Exceptions to the privity of contract rule
Notary
8. The exchange of benefits; the price a party pays for the promise
Acts of God - acts of a public enemy - guests' own negligence
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.
Non delegable duty
Consideration
9. This person acts on behalf of the principal
Agent
Shareholders - board of directors - statutory officers - employees - and creditors
Creed
Injurious Falsehood
10. Another word for 'reafian'?
Section 33 of the Charter
Neighbour principle
Reiver
Restrictive covenant
11. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Ultra vires
Trademark infringement
6 primary purposes of tort law
12. It is not my deed
Good Samaritan Legislation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non est factum
Option
13. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Exceptions to the privity of contract rule
Proximate cause of the injury
Noncompetition/nonsolicitation clauses
14. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Fiduciary Duty
Four purpose of sentencing
Duty to mitigate
15. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Non est factum
Defenses to intentional Torts
Fiduciary Duty
John Humphrey
16. The division of law associated with interpersonal matters
Price fixing
Private law
Summary conviction - Indictable - Hybrid
Factoring
17. Governor general and lieutenant governors
Option
Repudiation - Sabotage - Failure to perform
1) in the office - 2) every guestroom - and 3) public rooms (area).
Royal prerogatives
18. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
19. Notices of statutory provisions limiting liability be posted where?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
1) in the office - 2) every guestroom - and 3) public rooms (area).
20. Guilty mind.
Prima facie
Royal prerogatives
Mens rea
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
21. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Land - buildings - fixtures
Res ipsa loquitar
Negligence Per se
Negligent Misrepresentation
22. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Res ipsa loquitar
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence
23. What are some of the conditions for rightful dismissal?
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Restrictive covenant
24. A symbol - word - name or device used to identify or signify a company or its product.
Contributory negligence
The items that should be included in a job description
Thin Skull Rule
Trade mark
25. 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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Innocent - negligent - fraudulent
Private law
26. What are the 3 ways employment can be terminated?
Option
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Express deposit
27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Municipal government
Exceptions to the privity of contract rule
Negligence Per se
6 primary purposes of tort law
28. What does BFOR stand for?
Bona fide occupational requirement
Shareholders - board of directors - statutory officers - employees - and creditors
Municipal government
Invitation to treat
29. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
John Humphrey
John Humphrey
Neighbour principle
Power of Attorney
30. Two kinds of negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Mens rea
Intentional - Unintentional
Vicarious Liability
31. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Royal prerogatives
Sunset Clause
Option
Types of contracts which must be in writing
32. How contracts can be discharged
Constitution
By Performance - By Agreement - By Frustration - By Operation of law
Democratic rights to vote or run for election
The items that should be included in a job description
33. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Intentional torts
Specific deterrence - general deterrence - rehabilitation - protection of the public
The 2 classes of servants
34. What are the five stages of a civil action?
Nepotism
Disclaimer
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reiver
35. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Common - mutual and unilateral.
Surcharge
Duty to mitigate
36. List 3 ways to finance a new or existing business.
Fiduciary Duty
Equity financing - debt financing - sale of assets
Power of attorney
Noncompetition/nonsolicitation clauses
37. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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38. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
John Humphrey
Reiver
Negligence
Defenses to intentional Torts
39. 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.
The parol evidence rule
Positive Law
Fiduciary Duty
Equitable estoppal
40. Stages of a civil action
Stare decisis
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exceptions to the privity of contract rule
Notary
41. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Acts of God - acts of a public enemy - guests' own negligence
Four purpose of sentencing
Negligence Per se
Duty to mitigate
42. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Fiduciary Duty
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Creed
43. Latin term for 'It is not my deed
Group termination
Mens rea
Equitable estoppal
Non est factum
44. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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45. Political - religious beliefs - and affiliations
Royal prerogatives
Habeas corpus
Noncompetition/nonsolicitation clauses
Creed
46. Food Poisoning from chicken
Salmonella
Prima facie
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.
Defenses to intentional Torts
47. 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
Infra hospitium
Private law
John Humphrey
The 4 principles of Equal Pay legislation
48. Division of law that defines rights and remedies
Substantive Law
Exceptions to the privity of contract rule
John Humphrey
Prima facie
49. Two types of negligence
Players in the legal system
Factoring
Intentional - Unintentional
$413 or 55% of the claimant's average insured earnings (whichever is less)
50. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Absolute liability
Prima facie
Four purpose of sentencing
Intentional - Unintentional
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