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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. A promise for an action
Option
Price fixing
Unilateral Contract
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
2. 3 types of offenses in a criminal procedure
Consideration
Parol Evidence Rule
Summary conviction - Indictable - Hybrid
Section 33 of the Charter
3. A plaintiff is partly or solely the cause of his or her own injury.
Restrictive covenant
Contributory negligence
Legal realism
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.
4. 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
Equitable estoppel
Players in the legal system
Contributory negligence
5. Author of the Universal Declaration of Human Rights in 1948?
Shareholders - board of directors - statutory officers - employees - and creditors
Natural Law
Trade mark
John Humphrey
6. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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7. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Stare decisis
Negligence
Restrictive covenant
Vicarious Liability
8. Latin term for 'It is not my deed
Invitation to treat
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Non est factum
9. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Option
John Humphrey
Fiduciary Duty
10. what are the four purposes of sentencing?
Acts of God - acts of a public enemy - guests' own negligence
Power of Attorney
Specific deterrence - general deterrence - rehabilitation - protection of the public
Pleadings - discoveries - pretrial and or mediation - trial - appeals
11. The plaintiff has been injured upon the result of his own negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Contributory Negligence
Quantum meruit
Consideration
12. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Noncompetition/nonsolicitation clauses
John Humphrey
Disclaimer
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
13. Three types of offences
Consideration
Defenses to intentional Torts
Equitable estoppel
Summary conviction - indictable - and hybrid
14. Amount added on to a usual charge for a specific product - purpose - or service.
Sunset Clause
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Surcharge
Arraignment
15. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Intentional - Unintentional
Section 33 of the Charter
The owner
16. A person who becomes ill but did not pay for the meal can sue the establishment
Good Samaritan Legislation
Neighbour principle
The 2 classes of servants
Mens rea
17. List the 4 conditions of adverse possession. (squatter's rights)
Royal prerogatives
Open and notorious - unchallenged - exclusive - continuous
Reiver
Lie flat to distribute the force of the impact
18. Under contract law - list the three types of mistake the law recognizes.
Consideration
Proximate cause of the injury
Sunset Clause
Common - mutual and unilateral.
19. The price a party pays for the promise.
Consideration
'The thing speaks for itself'
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
Duty to mitigate
20. Someone who certifies documents - but does not draft documents
Reasonable Person Test
Notary
Vicarious liability
Reiver
21. When the police do not need a warrant to search your residence and/or business?
Salmonella
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Contributory negligence
Repudiation - Sabotage - Failure to perform
22. The publication of a false statement about someone either verbally or in writing which damages their reputation
Fiduciary Duty
Absolute liability
Contributory negligence
Defamation
23. Damages imposed to make an example of the wrongdoer
Reasonable Person Test
6 primary purposes of tort law
Exemplary damages
Quantum merits
24. What are three ways a contract is breached
Instances under which an offer lapses
Repudiation - Sabotage - Failure to perform
Option
51% or 52%
25. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Players in the legal system
Lie flat to distribute the force of the impact
Express deposit
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
26. Latin for guilty act and guilty mind
Non delegable duty
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus and Mens rea
Food and Drugs Act
27. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Acts of God - acts of a public enemy - guests' own negligence
Negligence Per se
Criminal - Family - Youth - Small claims court
Mens rea
28. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Repudiation - sabotage - failure to perform
Actus reus and Mens rea
Passing off
Theft of services
29. You shall have the body
Reasonable Person Test
Equitable estoppal
Absolute liability
Habeas corpus
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
Exemplary damages
$413 or 55% of the claimant's average insured earnings (whichever is less)
The 4 principles of Equal Pay legislation
Substantive Law
31. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Quantum merits
Theft of services
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reasons a contract may be impeached
32. 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
Floating charge
Lie flat to distribute the force of the impact
The 2 classes of servants
33. First stage in a criminal court procedure
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Arraignment
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
420 to 700 hours depending on the regional unemployment rate
34. 'It stands decided'
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Ultra vires
Stare decisis
Habeas corpus
35. 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.
Legal realism
Res ipsa loquitar
Contributory negligence
Equitable estoppel
36. Legislators - judges - jurors - lawyers - clients and police
Equitable estoppel
Power of Attorney
Players in the legal system
Quantum merits
37. What are three ways a contract is breached?
Lie flat to distribute the force of the impact
Repudiation - sabotage - failure to perform
98%
Negligence
38. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
John Humphrey
420 to 700 hours depending on the regional unemployment rate
Players in the legal system
39. When 50 or more employees are laid off within 2 months.
Contributory negligence
Equitable estoppal
Group termination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
40. Balance of probability needed to win a civil case
Creed
51% or 52%
Reasonable Person Test
98%
41. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Surcharge
Unconscionable transactions
Prima facie
Exemplary damages
42. 2 classes of servants.
Merit
Bona fide occupational requirement
Actus reus
Independent contractors - employees
43. An advertisement is an example of this... lets people know that you are ready to accept offers
Landlord-tenant
Disclaimer
Invitation to treat
Repudiation - Sabotage - Failure to perform
44. What are the two types of property?
Proximate cause of the injury
Personal and real
Private law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
45. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Express deposit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Absolute liability
Res ipsa loquitar
46. Bailment for the sole benefit of the bailor.
Gratuitous bailment
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.
Discoveries Stage
Natural Law
47. Latin for 'the thing speaks for itself'
E. Coli
Democratic rights to vote or run for election
The 2 classes of servants
Res ipsa loquitar
48. Minimum amount of hours needed to be eligible for EI benefits.
Res ipsa loquitar
Bona fide occupational requirement
420 to 700 hours depending on the regional unemployment rate
6 primary purposes of tort law
49. Political - religious beliefs - and affiliations
Notary
1) in the office - 2) every guestroom - and 3) public rooms (area).
Parol Evidence Rule
Creed
50. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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