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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. Author of the Universal Declaration of Human Rights
John Humphrey
Vicarious liability
Repudiation - Sabotage - Failure to perform
Specific deterrence - general deterrence - rehabilitation - protection of the public
2. Three types of intangibles
Equitable estoppal
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Salmonella
3. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Open and notorious - unchallenged - exclusive - continuous
Exceptions to the privity of contract rule
Floating charge
Disclaimer
4. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Positive law
Good Samaritan Legislation
Prima facie
5. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Defamation
The 4 principles of Equal Pay legislation
Exemplary damages
6. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
'The thing speaks for itself'
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Floating charge
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
7. What are exemplary damages?
Types of contracts which must be in writing
Damages that are imposed to punish and to make an example of the offending party
Passing off
Unconscionable transactions
8. List the 4 conditions of adverse possession. (squatter's rights)
Landlord-tenant
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Instances under which an offer lapses
Open and notorious - unchallenged - exclusive - continuous
9. An advertisement is an example of this... lets people know that you are ready to accept offers
Damages that are imposed to punish and to make an example of the offending party
Invitation to treat
The items that should be included in a job description
Negligence Per se
10. Independent contractors and employees.
Injurious Falsehood
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
The 2 classes of servants
Repudiation - sabotage - failure to perform
11. Once a contract is written - it cannot be changed without consent of both parties.
Floating charge
The owner
Consideration
The parol evidence rule
12. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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13. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Noncompetition/nonsolicitation clauses
Actus reus and Mens rea
Landlord-tenant
14. What does BFOR stand for?
Bona fide occupational requirement
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Fiduciary Duty
Contributory negligence
15. Within the walls of the inn
Infra hospitium
Salmonella
Intentional - Unintentional
Intentional torts
16. Favoritism granted to relatives or friends regardless of merit
Nepotism
Legal realism
To 'perfect' a lien
Duty to mitigate
17. Which of the following rights does the Charter guarantee only to citizens of Canada
Fiduciary Duty
Democratic rights to vote or run for election
Breach of contract
Non est factum
18. The price a party pays for the promise.
Easement
Consideration
$413 or 55% of the claimant's average insured earnings (whichever is less)
Constitution
19. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Gratuitous Promise
Four purpose of sentencing
Equitable estoppal
Neighbour principle
20. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Common - mutual and unilateral.
To 'perfect' a lien
Defamation
21. The exchange of benefits; the price a party pays for the promise
Consideration
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Shareholders - board of directors - statutory officers - employees - and creditors
1) in the office - 2) every guestroom - and 3) public rooms (area).
22. What are the 3 types of bailment?
Criminal - Family - Youth - Small claims court
Landlord-tenant
Arraignment
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
23. When the public is misled into believing that one company's goods or services are those a similar brand or product
John Humphrey
Passing off
The owner
Common - mutual and unilateral.
24. Laws duly enacted by a person or body having the authority to enact and enforce them.
Vicarious liability
Power of Attorney
Discoveries Stage
Positive law
25. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Passing off
Infra hospitium
Disclaimer
Injurious Falsehood
26. Guilty act in Latin.
General - Punitive - Exemplary
98%
Landlord-tenant
Actus reus
27. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Section 33 of the Charter
Innocent - negligent - fraudulent
The kinds of misrepresentation
The items that should be included in a job description
28. Use of another company's business name or logo without permission.
Trademark infringement
Non delegable duty
Damages that are imposed to punish and to make an example of the offending party
Personal and real
29. Another word for 'reafian'?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Invitation to treat
Common - mutual and unilateral.
Reiver
30. 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
Group termination
Trade mark
The 4 principles of Equal Pay legislation
Amortization
31. 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.
Infra hospitium
Reiver
Fiduciary Duty
Neighbour principle
32. 'To have the body'
Habeas corpus
Fiduciary Duty
Restrictive covenant
Pleadings - discoveries - pretrial and or mediation - trial - appeals
33. Three types of offences
Summary conviction - indictable - and hybrid
Passing off
Food and Drugs Act
Innocent - negligent - fraudulent
34. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Quantum meruit
Private law
Positive Law
Food and Drugs Act
35. 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
Group termination
Summary conviction - Indictable - Hybrid
Defenses to intentional Torts
Power of attorney
36. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
John Humphrey
Municipal government
Contributory negligence
37. First stage in a criminal court procedure
Royal prerogatives
Amortization
Arraignment
Gratuitous Promise
38. What are the five stages of a civil action?
Positive Law
The owner
Democratic rights to vote or run for election
Pleadings - discoveries - pretrial and or mediation - trial - appeals
39. Who owns mislaid property?
Defamation
Personal and real
Injurious Falsehood
The owner
40. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Non delegable duty
Infra hospitium
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unconscionable transactions
41. Guilty mind.
Mens rea
Trade mark
Agent
Unconscionable transactions
42. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
51% or 52%
Duty to mitigate
Fiduciary Duty
Mens rea
43. 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.
To 'perfect' a lien
Equitable estoppel
Theft of services
Good Samaritan Legislation
44. Four methods to prevent potential legal action against your business.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Arraignment
Sole proprietorship - partnership - and corporations
45. An agreement by an offeror to leave an offer open for a specified period of time.
Duty to mitigate
Repudiation - sabotage - failure to perform
John Humphrey
Option
46. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Salmonella
Constitution
'The thing speaks for itself'
Trade mark
47. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Equitable estoppel
Summary conviction (minor) - indictable (serious) - hybrid
Thin Skull Rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
48. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Land - buildings - fixtures
The 2 classes of servants
Private law
49. When the police do not need a warrant to search your residence and/or business?
Trade mark
Quantum merits
Lie flat to distribute the force of the impact
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
50. Law is whatever judges say it is...
Intentional - Unintentional
Breach of contract
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.
Legal realism
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