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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. Two kinds of negligence
Intentional - Unintentional
Breach of contract
John Humphrey
Mens rea
2. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Landlord-tenant
Res ipsa loquitar
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
3. what are the four purposes of sentencing?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Specific deterrence - general deterrence - rehabilitation - protection of the public
4. Fundamental freedoms in Section 2 of the Charter
The items that should be included in a job description
Criminal - Family - Youth - Small claims court
$413 or 55% of the claimant's average insured earnings (whichever is less)
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
5. Spoken and written defamation
Ultra vires
Proximate cause of the injury
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Slander and Libel
6. When the public is misled into believing that one company's goods or services are those a similar brand or product
The owner
Injurious Falsehood
John Humphrey
Passing off
7. Political - religious beliefs - and affiliations
Boarding house - a rooming house - homes for seniors - and time-share arrangements
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
E. Coli
Creed
8. Latin term for 'It is not my deed
Actus reus
Ultra vires
Non est factum
Consideration
9. What must be established to substantiate a claim for bailment?
John Humphrey
Substantive 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
Positive law
10. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
51% or 52%
Mens rea
Damages that are imposed to punish and to make an example of the offending party
Types of contracts which must be in writing
11. A right to use another's land for a specific purpose.
Damages that are imposed to punish and to make an example of the offending party
The 4 principles of Equal Pay legislation
John Humphrey
Easement
12. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Equity financing - debt financing - sale of assets
Thin Skull Rule
Trademark infringement
13. When 50 or more employees are laid off within 2 months.
Factoring
Exceptions to the privity of contract rule
Group termination
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
14. Alcohol misuse under the Liquor License Act
Infra hospitium
Independent contractors - employees
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Legal realism
15. What are the 3 types of bailment?
Good Samaritan Legislation
Lie flat to distribute the force of the impact
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Invitation to treat
16. Conditions for rightful dismissal.
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
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
17. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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18. Promises made without consideration
Gratuitous Promise
Discoveries Stage
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Thin Skull Rule
19. Food poisoning from hamburger
Merit
E. Coli
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Bona fide occupational requirement
20. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Slander and Libel
Consideration
The 4 principles of Equal Pay legislation
Unconscionable transactions
21. Once a contract is written - it cannot be changed without the consent of both parties
Unconscionable transactions
Fiduciary Duty
Summary conviction (minor) - indictable (serious) - hybrid
Parol Evidence Rule
22. When the public is misled into believing that one company's goods or services are those a similar brand or product.
420 to 700 hours depending on the regional unemployment rate
Non est factum
Reiver
Passing off
23. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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24. What are the three kinds of misrepresentation?
Notary
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Innocent - negligent - fraudulent
Substantive Law
25. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Restrictive covenant
Lie flat to distribute the force of the impact
The owner
26. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Municipal government
Food and Drugs Act
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction - Indictable - Hybrid
27. 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
Disclaimer
The owner
By Performance - By Agreement - By Frustration - By Operation of law
28. A symbol - word - name or device used to identify or signify a company or its product.
Players in the legal system
Types of contracts which must be in writing
Exceptions to the privity of contract rule
Trade mark
29. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Infra hospitium
Reasons a contract may be impeached
Natural Law
General - Punitive - Exemplary
30. Beyond a reasonable doubt is what probability
98%
4 items that should be included in the job description
Floating charge
Substantive Law
31. 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
Vicarious Liability
Sunset Clause
Non est factum
Habeas corpus
32. Damages imposed to make an example of the wrongdoer
Neighbour principle
Legal realism
Exemplary damages
'The thing speaks for itself'
33. You shall have the body
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.
4 items that should be included in the job description
Habeas corpus
Discoveries Stage
34. What are the five stages of a civil action?
Option
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Notary
35. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Discoveries Stage
Duty to mitigate
Consideration
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
36. Allows a legislation to override the Charter
General - Punitive - Exemplary
Intentional torts
Factoring
Section 33 of the Charter
37. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Defenses to intentional Torts
Lie flat to distribute the force of the impact
38. A promise for an action
Unilateral Contract
Land - buildings - fixtures
Shareholders - board of directors - statutory officers - employees - and creditors
Discoveries Stage
39. Minimum amount of hours needed to be eligible for EI benefits.
By Performance - By Agreement - By Frustration - By Operation of law
To 'perfect' a lien
Contributory negligence
420 to 700 hours depending on the regional unemployment rate
40. The publication of a false statement about someone either verbally or in writing which damages their reputation
E. Coli
Types of contracts which must be in writing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Defamation
41. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Infra hospitium
Actus reus and Mens rea
Nepotism
Power of Attorney
42. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Absolute liability
Landlord-tenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Vicarious Liability
43. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Absolute liability
Factoring
Express deposit
Merit
44. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Non est factum
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Section 33 of the Charter
45. What are three ways a contract is breached?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Repudiation - sabotage - failure to perform
Good Samaritan Legislation
Stare decisis
46. When two or more suppliers conspire to set prices.
General - Punitive - Exemplary
Acts of God - acts of a public enemy - guests' own negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Price fixing
47. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Amortization
Defamation
48. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Salmonella
Intentional torts
49. When the police do not need a warrant to search your residence and/or business?
Summary conviction - Indictable - Hybrid
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.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
50. Latin term for within or on the premises of the inn (extension of the inn).
Power of Attorney
Negligence Per se
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Infra hospitium