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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. What are three ways a contract is breached
Passing off
Repudiation - Sabotage - Failure to perform
Acts of God - acts of a public enemy - guests' own negligence
Reasons a contract may be impeached
2. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Contributory Negligence
Price fixing
Slander and Libel
3. Types of Damages
General - Punitive - Exemplary
Defamation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Consideration
4. The amount he merits
Quantum merits
6 primary purposes of tort law
Criminal - Family - Youth - Small claims court
98%
5. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Equitable estoppel
Positive Law
Quantum meruit
6. Amount added on to a usual charge for a specific product - purpose - or service.
Non est factum
Players in the legal system
Independent contractors - employees
Surcharge
7. Innocent - negligent and fraudulent
Criminal - Family - Youth - Small claims court
The kinds of misrepresentation
Positive law
Private law
8. Food poisoning from hamburger
E. Coli
Habeas corpus
Negligence Per se
Negligent Misrepresentation
9. 5 reasons for evicting a guest.
Negligence
Consideration
Absolute liability
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.
10. Promises made without consideration
Absolute liability
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Gratuitous Promise
Contributory negligence
11. Once a contract is written - it cannot be changed without the consent of both parties
Instances under which an offer lapses
'The thing speaks for itself'
Parol Evidence Rule
Intentional - Unintentional
12. An agreement by an offeror to leave an offer open for a specified period of time.
Notary
Unilateral Contract
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Option
13. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Agent
Consideration
Disclaimer
14. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Merit
Reasonable Person Test
Intentional torts
Power of Attorney
15. What are the 3 types of bailment?
Ultra vires
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
16. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Summary conviction - indictable - and hybrid
420 to 700 hours depending on the regional unemployment rate
Food and Drugs Act
17. 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.
Parol Evidence Rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Land - buildings - fixtures
18. Selling accounts receivable at a discount.
Unconscionable transactions
Factoring
Land - buildings - fixtures
Lie flat to distribute the force of the impact
19. What are the two types of property?
Absolute liability
Personal and real
Duty to mitigate
Salmonella
20. list 4 elements of bailment
Disclaimer
Sunset Clause
Reiver
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
21. How contracts can be discharged
Res ipsa loquitar
Gratuitous Promise
By Performance - By Agreement - By Frustration - By Operation of law
Absolute liability
22. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Royal prerogatives
Floating charge
Financial disloyalty - falsified qualifications - gross and continuing incompetence
23. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Defenses to intentional Torts
Trade mark
The owner
Disclaimer
24. In a criminal procedure list the 3 types of offenses
Lie flat to distribute the force of the impact
Section 33 of the Charter
Summary conviction (minor) - indictable (serious) - hybrid
Power of Attorney
25. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Defamation
Noncompetition/nonsolicitation clauses
Merit
Passing off
26. What are some of the conditions for rightful dismissal?
Habeas corpus
Equitable estoppel
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Trade mark
27. Two types of negligence
Habeas corpus
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
Infra hospitium
28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Exemplary damages
Factoring
Four purpose of sentencing
Intentional - Unintentional
29. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Thin Skull Rule
Intentional - Unintentional
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
30. The division of law associated with interpersonal matters
Habeas corpus
Private law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
31. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Negligent Misrepresentation
Factoring
Food and Drugs Act
Exceptions to the privity of contract rule
32. Someone who certifies documents - but does not draft documents
Acts of God - acts of a public enemy - guests' own negligence
To 'perfect' a lien
98%
Notary
33. Once a contract is written - it cannot be changed without consent of both parties.
Power of Attorney
The kinds of misrepresentation
Habeas corpus
The parol evidence rule
34. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Damages that are imposed to punish and to make an example of the offending party
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Ultra vires
35. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Ultra vires
Power of Attorney
Actus reus
36. Stages of a civil action
Creed
Shareholders - board of directors - statutory officers - employees - and creditors
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The kinds of misrepresentation
37. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
To 'perfect' a lien
4 items that should be included in the job description
Instances under which an offer lapses
38. 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.
Fiduciary Duty
Equity financing - debt financing - sale of assets
Actus reus
Thin Skull Rule
39. Minimum amount of hours needed to be eligible for EI benefits.
Injurious Falsehood
Royal prerogatives
420 to 700 hours depending on the regional unemployment rate
Uttering
40. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
E. Coli
Uttering
Landlord-tenant
41. How can an employer escape alcohol misuse liability?
By Performance - By Agreement - By Frustration - By Operation of law
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.
E. Coli
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
42. The most difficult element of negligence to prove
Proximate cause of the injury
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate
Passing off
43. Within the walls of the inn
The 4 principles of Equal Pay legislation
Infra hospitium
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligent Misrepresentation
44. A person who becomes ill but did not pay for the meal can sue the establishment
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.
Sole proprietorship - partnership - and corporations
Private law
Neighbour principle
45. Beyond a reasonable doubt is what probability
Neighbour principle
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
98%
Royal prerogatives
46. An advertisement is an example of this... lets people know that you are ready to accept offers
Royal prerogatives
Invitation to treat
Gratuitous Promise
Non delegable duty
47. A right to use another's land for a specific purpose.
John Humphrey
Easement
Proximate cause of the injury
51% or 52%
48. A plaintiff is partly or solely the cause of his or her own injury.
Good Samaritan Legislation
Injurious Falsehood
Contributory negligence
By Performance - By Agreement - By Frustration - By Operation of law
49. Accommodations that are not considered 'inns'.
Gratuitous Promise
Positive law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exceptions to the privity of contract rule
50. What are the 5 tiers of the corporate structure.
Land - buildings - fixtures
Nepotism
The 2 classes of servants
Shareholders - board of directors - statutory officers - employees - and creditors