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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. The most difficult element of negligence to prove
Negligence Per se
Quantum meruit
4 items that should be included in the job description
Proximate cause of the injury
2. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Salmonella
General - Punitive - Exemplary
Surcharge
3. A plaintiff is partly or solely the cause of his or her own injury.
420 to 700 hours depending on the regional unemployment rate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory negligence
51% or 52%
4. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Lie flat to distribute the force of the impact
Instances under which an offer lapses
Reasons a contract may be impeached
Absolute liability
5. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
6. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Ultra vires
Lie flat to distribute the force of the impact
Duty to mitigate
Infra hospitium
7. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Lie flat to distribute the force of the impact
Trade mark
Equitable estoppal
Habeas corpus
8. List the 4 conditions of adverse possession. (squatter's rights)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Open and notorious - unchallenged - exclusive - continuous
Vicarious liability
9. The exchange of benefits; the price a party pays for the promise
Independent contractors - employees
Royal prerogatives
Consideration
Reasonable Person Test
10. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Group termination
General - Punitive - Exemplary
Independent contractors - employees
11. Accommodations that are not considered 'inns'.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Absolute liability
12. Promises made without consideration
Infra hospitium
Passing off
4 items that should be included in the job description
Gratuitous Promise
13. 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
Easement
Landlord-tenant
Non est factum
14. Another word for 'reafian'?
Repudiation - Sabotage - Failure to perform
Neighbour principle
Power of attorney
Reiver
15. 3 types of offenses in a criminal procedure
4 items that should be included in the job description
Summary conviction - Indictable - Hybrid
Invitation to treat
Mens rea
16. List 5/6 items employers can expect from their employees
Quantum merits
Democratic rights to vote or run for election
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
17. Most difficult element of negligence to prove
General - Punitive - Exemplary
Summary conviction - Indictable - Hybrid
Discoveries Stage
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
18. Discrimination that is actually encouraged in our society
Vicarious liability
Merit
Express deposit
Gratuitous Promise
19. 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.
Fiduciary Duty
By Performance - By Agreement - By Frustration - By Operation of law
Thin Skull Rule
The owner
20. Defaming a business - a product or a property rather than a person.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
51% or 52%
Option
Injurious Falsehood
21. Author of the 1948 Universal Declaration of Human Rights
Floating charge
Express deposit
John Humphrey
Constitution
22. Legal responsibility for the negligence of another person
Defamation
Vicarious liability
The 4 principles of Equal Pay legislation
Private law
23. A promise for an action
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Unilateral Contract
Private law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
24. Three types of intangibles
Legal realism
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Consideration
Exceptions to the privity of contract rule
25. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Defenses to intentional Torts
Unconscionable transactions
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Instances under which an offer lapses
26. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
The 4 principles of Equal Pay legislation
Group termination
Non delegable duty
27. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Non est factum
Intentional - Unintentional
John Humphrey
28. Fundamental freedoms in Section 2 of the Charter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The 4 principles of Equal Pay legislation
Quantum merits
29. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Passing off
Floating charge
Power of attorney
30. An advertisement is an example of this... lets people know that you are ready to accept offers
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
Exceptions to the privity of contract rule
Invitation to treat
31. What are the 5 tiers of the corporate structure.
The 4 principles of Equal Pay legislation
Trademark infringement
Defamation
Shareholders - board of directors - statutory officers - employees - and creditors
32. Division of law that defines rights and remedies
Mens rea
Substantive Law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Boarding house - a rooming house - homes for seniors - and time-share arrangements
33. What are three ways a contract is breached
Non delegable duty
Repudiation - Sabotage - Failure to perform
Repudiation - sabotage - failure to perform
6 primary purposes of tort law
34. Balance of probability needed to win a civil case
51% or 52%
Unconscionable transactions
Land - buildings - fixtures
Exemplary damages
35. Author of the Universal Declaration of Human Rights in 1948?
Summary conviction (minor) - indictable (serious) - hybrid
John Humphrey
Slander and Libel
Non est factum
36. The level of government in charge of bylaws
Easement
Municipal government
Trademark infringement
Nepotism
37. Minimum amount of hours needed to be eligible for EI benefits.
Duty to mitigate
Municipal government
Personal and real
420 to 700 hours depending on the regional unemployment rate
38. A right to use another's land for a specific purpose.
The 4 principles of Equal Pay legislation
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Easement
Duty to mitigate
39. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Equity financing - debt financing - sale of assets
E. Coli
Vicarious liability
40. what are the four purposes of sentencing?
Uttering
Specific deterrence - general deterrence - rehabilitation - protection of the public
Discoveries Stage
Municipal government
41. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
6 primary purposes of tort law
Arraignment
Negligent Misrepresentation
42. Which of the following rights does the Charter guarantee only to citizens of Canada
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
Power of Attorney
Specific deterrence - general deterrence - rehabilitation - protection of the public
Democratic rights to vote or run for election
43. Damages imposed to make an example of the wrongdoer
Gratuitous bailment
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Exemplary damages
Notary
44. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Thin Skull Rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
45. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Proximate cause of the injury
Lie flat to distribute the force of the impact
Exceptions to the privity of contract rule
46. Allows a legislation to override the Charter
Section 33 of the Charter
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.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Contributory negligence
47. What are the 3 types of bailment?
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Four purpose of sentencing
'The thing speaks for itself'
48. Political - religious beliefs - and affiliations
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Defenses to intentional Torts
Creed
Disclaimer
49. Latin term for 'On the face of it'.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Section 33 of the Charter
Prima facie
Positive law
50. Under contract law - list the three types of mistake the law recognizes.
Municipal government
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Common - mutual and unilateral.
51% or 52%