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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. 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
Ultra vires
Agent
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Creed
2. The division of law associated with interpersonal matters
Gratuitous Promise
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Repudiation - Sabotage - Failure to perform
Private law
3. Two kinds of negligence
Surcharge
Quantum merits
Intentional - Unintentional
Four purpose of sentencing
4. List 5/6 items employers can expect from their employees
Contributory negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Legal realism
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
5. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Trade mark
Reiver
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious Liability
6. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
420 to 700 hours depending on the regional unemployment rate
Option
Instances under which an offer lapses
7. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Repudiation - sabotage - failure to perform
Proximate cause of the injury
Uttering
Sunset Clause
8. Law is whatever judges say it is...
Sunset Clause
Legal realism
Municipal government
$413 or 55% of the claimant's average insured earnings (whichever is less)
9. Three types of intangibles
Intentional - Unintentional
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory Negligence
10. How contracts can be discharged
Contributory Negligence
Stare decisis
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
11. When 50 or more employees are laid off within 2 months.
Proximate cause of the injury
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Exceptions to the privity of contract rule
Group termination
12. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Damages that are imposed to punish and to make an example of the offending party
The parol evidence rule
Negligence Per se
13. This person acts on behalf of the principal
Gratuitous Promise
Positive law
Summary conviction - Indictable - Hybrid
Agent
14. Most difficult element of negligence to prove
The owner
Option
Power of Attorney
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
15. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Quantum meruit
Passing off
Trade mark
16. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Agent
Contributory Negligence
Noncompetition/nonsolicitation clauses
17. An agreement by an offeror to leave an offer open for a specified period of time.
Res ipsa loquitar
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.
Option
Summary conviction - Indictable - Hybrid
18. The level of government in charge of bylaws
Municipal government
Breach of contract
Invitation to treat
Res ipsa loquitar
19. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Non delegable duty
Landlord-tenant
Reasonable Person Test
20. Two types of negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public
6 primary purposes of tort law
Non est factum
Intentional - Unintentional
21. Spoken and written defamation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Consideration
Slander and Libel
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
22. What are the 3 ways employment can be terminated?
4 items that should be included in the job description
Contributory negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Vicarious Liability
23. 'To have the body'
Defamation
Non est factum
51% or 52%
Habeas corpus
24. Bailment for the sole benefit of the bailor.
4 items that should be included in the job description
Unilateral Contract
Reasonable Person Test
Gratuitous bailment
25. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Creed
98%
Invitation to treat
26. Damages are awarded to compensate the injured party
General damages
Repudiation - sabotage - failure to perform
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Intentional - Unintentional
27. Allows a legislation to override the Charter
Absolute liability
Democratic rights to vote or run for election
Legal realism
Section 33 of the Charter
28. 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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Passing off
Sole proprietorship - partnership - and corporations
29. Circumstances in which the authorities do not need a warrant to search your premises
Factoring
Summary conviction - Indictable - Hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
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
30. Laws duly enacted by a person or body having the authority to enact and enforce them.
'The thing speaks for itself'
Criminal - Family - Youth - Small claims court
Positive law
By Performance - By Agreement - By Frustration - By Operation of law
31. 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
Negligent Misrepresentation
Prima facie
Equitable estoppel
Sunset Clause
32. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The owner
4 items that should be included in the job description
Price fixing
Personal and real
33. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Exceptions to the privity of contract rule
Group termination
Innocent - negligent - fraudulent
34. What are the 5 tiers of the corporate structure.
Summary conviction (minor) - indictable (serious) - hybrid
Private law
Prima facie
Shareholders - board of directors - statutory officers - employees - and creditors
35. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Restrictive covenant
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Players in the legal system
36. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Habeas corpus
General - Punitive - Exemplary
Criminal - Family - Youth - Small claims court
37. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Salmonella
Power of attorney
Intentional torts
The 4 principles of Equal Pay legislation
38. The period of time required to pay off the principal completely at a set interest rate.
Duty to mitigate
Amortization
Sunset Clause
Exceptions to the privity of contract rule
39. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Criminal - Family - Youth - Small claims court
Duty to mitigate
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
Negligence Per se
40. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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41. 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.
Thin Skull Rule
Players in the legal system
Price fixing
Negligence Per se
42. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
'The thing speaks for itself'
Unconscionable transactions
Habeas corpus
43. The amount he merits
Quantum merits
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Breach of contract
Land - buildings - fixtures
44. Which of the following rights does the Charter guarantee only to citizens of Canada
Equitable estoppel
Exemplary damages
Democratic rights to vote or run for election
Food and Drugs Act
45. Legal responsibility for the negligence of another person
Vicarious liability
Independent contractors - employees
Habeas corpus
Discoveries Stage
46. 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.
Good Samaritan Legislation
To 'perfect' a lien
Fiduciary Duty
Constitution
47. An advertisement is an example of this... lets people know that you are ready to accept offers
Trade mark
Natural Law
Equity financing - debt financing - sale of assets
Invitation to treat
48. Another word for 'reafian'?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Reiver
Contributory negligence
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
49. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Negligence Per se
Reiver
6 primary purposes of tort law
Passing off
50. Use of another company's business name or logo without permission.
Royal prerogatives
6 primary purposes of tort law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trademark infringement