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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. Selling accounts receivable at a discount.
Summary conviction - Indictable - Hybrid
Factoring
Bona fide occupational requirement
Summary conviction (minor) - indictable (serious) - hybrid
2. Alcohol misuse under the Liquor License Act
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.
Instances under which an offer lapses
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
3. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
E. Coli
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
4. Political - religious beliefs - and affiliations
Food and Drugs Act
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
Creed
Infra hospitium
5. 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
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Express deposit
Landlord-tenant
The 4 principles of Equal Pay legislation
6. Legal responsibility for the negligence of another person
Prima facie
Food and Drugs Act
Actus reus
Vicarious liability
7. Once a contract is written - it cannot be changed without consent of both parties.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The parol evidence rule
Disclaimer
Invitation to treat
8. Division of Lower Provincial Courts
Summary conviction - Indictable - Hybrid
Criminal - Family - Youth - Small claims court
Land - buildings - fixtures
Landlord-tenant
9. An agreement by an offeror to leave an offer open for a specified period of time.
Option
E. Coli
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Power of Attorney
10. The publication of a false statement about someone either verbally or in writing which damages their reputation
Res ipsa loquitar
Defamation
Restrictive covenant
Neighbour principle
11. Four methods to prevent potential legal action against your business.
Prima facie
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contributory negligence
98%
12. List remedies one would expect when a contract is breached
Option
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious Liability
6 primary purposes of tort law
13. Law is whatever judges say it is...
Option
Legal realism
Non est factum
John Humphrey
14. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Power of attorney
Mens rea
Instances under which an offer lapses
Municipal government
15. List the 4 conditions of adverse possession. (squatter's rights)
Passing off
Open and notorious - unchallenged - exclusive - continuous
Repudiation - Sabotage - Failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
16. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
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.
98%
Power of attorney
17. Author of the Universal Declaration of Human Rights
Neighbour principle
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
John Humphrey
Exceptions to the privity of contract rule
18. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
6 primary purposes of tort law
Substantive Law
Prima facie
Intentional torts
19. What is the maximum weekly EI benefit?
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20. List 3 ways to finance a new or existing business.
'The thing speaks for itself'
The kinds of misrepresentation
Equity financing - debt financing - sale of assets
1) in the office - 2) every guestroom - and 3) public rooms (area).
21. 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.
Duty to mitigate
Summary conviction - Indictable - Hybrid
Noncompetition/nonsolicitation clauses
Shareholders - board of directors - statutory officers - employees - and creditors
22. Promises made without consideration
Gratuitous Promise
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury
Criminal - Family - Youth - Small claims court
23. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
John Humphrey
Uttering
98%
420 to 700 hours depending on the regional unemployment rate
24. Legislators - judges - jurors - lawyers - clients and police
$413 or 55% of the claimant's average insured earnings (whichever is less)
Negligent Misrepresentation
Players in the legal system
Natural Law
25. This person acts on behalf of the principal
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid
Agent
26. Balance of probability needed to win a civil case
'The thing speaks for itself'
Noncompetition/nonsolicitation clauses
Factoring
51% or 52%
27. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Arraignment
Breach of contract
Trade mark
28. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Absolute liability
Substantive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
29. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Intentional torts
Food and Drugs Act
Passing off
Shareholders - board of directors - statutory officers - employees - and creditors
30. Amount added on to a usual charge for a specific product - purpose - or service.
Democratic rights to vote or run for election
Surcharge
Breach of contract
Arraignment
31. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Types of contracts which must be in writing
Exceptions to the privity of contract rule
Stare decisis
32. Bailment for the sole benefit of the bailor.
Sole proprietorship - partnership - and corporations
John Humphrey
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.
Gratuitous bailment
33. An agreement by an offeror to leave an offer open for a specified period of time
Summary conviction - Indictable - Hybrid
Habeas corpus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Option
34. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Duty to mitigate
4 items that should be included in the job description
Equitable estoppal
Four purpose of sentencing
35. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Innocent - negligent - fraudulent
Intentional - Unintentional
Reiver
Floating charge
36. What are three ways a contract is breached
Trademark infringement
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Repudiation - Sabotage - Failure to perform
37. The amount he merits
Absolute liability
The 4 principles of Equal Pay legislation
Positive law
Quantum merits
38. Accommodations that are not considered 'inns'.
Slander and Libel
Quantum merits
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
39. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Restrictive covenant
Defenses to intentional Torts
John Humphrey
40. Guilty mind.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Creed
Express deposit
Mens rea
41. A right to use another's land for a specific purpose.
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
Easement
General - Punitive - Exemplary
98%
42. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Theft of services
420 to 700 hours depending on the regional unemployment rate
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
43. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Actus reus and Mens rea
Common - mutual and unilateral.
Personal and real
44. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The 4 principles of Equal Pay legislation
Constitution
Nepotism
4 items that should be included in the job description
45. Beyond a reasonable doubt is what probability
Salmonella
Summary conviction (minor) - indictable (serious) - hybrid
98%
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
46. 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?
Criminal - Family - Youth - Small claims court
Sole proprietorship - partnership - and corporations
Breach of contract
Intentional torts
47. Allows a legislation to override the Charter
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter
51% or 52%
Infra hospitium
48. what are the four purposes of sentencing?
Bona fide occupational requirement
Specific deterrence - general deterrence - rehabilitation - protection of the public
Types of contracts which must be in writing
The 2 classes of servants
49. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Habeas corpus
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
98%
Defenses to intentional Torts
50. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
'The thing speaks for itself'
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
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