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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. 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
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious Liability
Unilateral Contract
Criminal - Family - Youth - Small claims court
2. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Gratuitous bailment
Equitable estoppel
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
3. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
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
Section 33 of the Charter
Independent contractors - employees
4. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Parol Evidence Rule
Sunset Clause
Consideration
5. The level of government in charge of bylaws
Municipal government
Bona fide occupational requirement
Option
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.
6. Latin for guilty act and guilty mind
Breach of contract
Equitable estoppal
Actus reus and Mens rea
Players in the legal system
7. what are the four purposes of sentencing?
To 'perfect' a lien
Constitution
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trade mark
8. What are the 3 ways employment can be terminated?
Notary
Independent contractors - employees
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
9. Accommodations that are not considered 'inns'.
Res ipsa loquitar
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Option
10. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Contributory Negligence
Independent contractors - employees
Types of contracts which must be in writing
'The thing speaks for itself'
11. What is the maximum weekly EI benefit?
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12. 'To have the body'
John Humphrey
Positive law
Habeas corpus
Fiduciary Duty
13. 3 types of offenses in a criminal procedure
Negligence Per se
Summary conviction - Indictable - Hybrid
Thin Skull Rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
14. A restriction placed on some aspect of land use.
Legal realism
Bona fide occupational requirement
Restrictive covenant
Equitable estoppel
15. 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.
Fiduciary Duty
Invitation to treat
Sole proprietorship - partnership - and corporations
Consideration
16. The price a party pays for the promise.
The owner
Sole proprietorship - partnership - and corporations
Consideration
Habeas corpus
17. Law based on moral - religious or philosophical grounds
Invitation to treat
Floating charge
Types of contracts which must be in writing
Natural Law
18. Who owns mislaid property?
Surcharge
The owner
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
19. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Exemplary damages
'The thing speaks for itself'
Non delegable duty
20. 2 classes of servants.
Independent contractors - employees
Prima facie
John Humphrey
Summary conviction - Indictable - Hybrid
21. When the public is misled into believing that one company's goods or services are those a similar brand or product
Natural Law
Passing off
Land - buildings - fixtures
Ultra vires
22. When the police do not need a warrant to search your residence and/or business?
Actus reus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Option
Summary conviction (minor) - indictable (serious) - hybrid
23. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Surcharge
Power of attorney
Types of contracts which must be in writing
24. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reiver
Absolute liability
Types of contracts which must be in writing
25. Notices of statutory provisions limiting liability be posted where?
Section 33 of the Charter
Passing off
1) in the office - 2) every guestroom - and 3) public rooms (area).
Players in the legal system
26. A duty that cannot be given to someone else
Non delegable duty
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.
Democratic rights to vote or run for election
Passing off
27. Food Poisoning from chicken
Factoring
Prima facie
Salmonella
Specific deterrence - general deterrence - rehabilitation - protection of the public
28. Favoritism granted to relatives or friends regardless of merit
Nepotism
Negligence Per se
Section 33 of the Charter
Passing off
29. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
John Humphrey
Constitution
Pleadings - discoveries - pretrial and or mediation - trial - appeals
30. Latin term for 'It is not my deed
Arraignment
Thin Skull Rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Non est factum
31. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Passing off
Merit
98%
32. What are the three kinds of misrepresentation?
Arraignment
Innocent - negligent - fraudulent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Trade mark
33. Surviving a falling elevator
Lie flat to distribute the force of the impact
Reasons a contract may be impeached
Exceptions to the privity of contract rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
34. Three types of offences
Absolute liability
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid
Salmonella
35. What are the 5 tiers of the corporate structure.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
General - Punitive - Exemplary
Vicarious liability
Shareholders - board of directors - statutory officers - employees - and creditors
36. 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
Substantive Law
Consideration
Absolute liability
37. What are the five stages of a civil action?
Res ipsa loquitar
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Players in the legal system
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
38. How can an employer escape alcohol misuse liability?
E. Coli
Absolute liability
Ultra vires
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.
39. Food poisoning from hamburger
Prima facie
E. Coli
Disclaimer
Consideration
40. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Substantive Law
Discoveries Stage
Arraignment
Equitable estoppal
41. Bailment for the sole benefit of the bailor.
Contributory negligence
Gratuitous bailment
420 to 700 hours depending on the regional unemployment rate
Consideration
42. Division of Lower Provincial Courts
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Criminal - Family - Youth - Small claims court
Royal prerogatives
Duty to mitigate
43. You shall have the body
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Gratuitous Promise
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Habeas corpus
44. What are the two types of property?
Reiver
Trademark infringement
Personal and real
Quantum merits
45. Res ipsa loquitur
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46. What are the 3 types of bailment?
E. Coli
Good Samaritan Legislation
Uttering
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
47. 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
Natural Law
Private law
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
48. Damages imposed to make an example of the wrongdoer
Exemplary damages
Defamation
Reasons a contract may be impeached
Substantive Law
49. Innocent - negligent and fraudulent
'The thing speaks for itself'
Exemplary damages
The kinds of misrepresentation
Positive Law
50. Discrimination that is actually encouraged in our society
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Merit
Food and Drugs Act
Players in the legal system