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Test your basic knowledge |
Hospitality Law
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Study First
Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Conditions for rightful dismissal.
Unconscionable transactions
51% or 52%
Actus reus and Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
2. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Consideration
Disclaimer
Gratuitous bailment
3. Author of the Universal Declaration of Human Rights in 1948?
The kinds of misrepresentation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Actus reus and Mens rea
John Humphrey
4. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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5. 5 possible consequences if you default on your mortgage?
Players in the legal system
Absolute liability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
6. what are the four purposes of sentencing?
Fiduciary Duty
Royal prerogatives
Negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public
7. When the police do not need a warrant to search your residence and/or business?
Legal realism
Express deposit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
8. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
The 4 principles of Equal Pay legislation
Breach of contract
Consideration
Acts of God - acts of a public enemy - guests' own negligence
9. When two or more suppliers conspire to set prices.
Price fixing
Positive Law
Breach of contract
Constitution
10. What does real property include?
Land - buildings - fixtures
Summary conviction - Indictable - Hybrid
Res ipsa loquitar
The 2 classes of servants
11. A plaintiff is partly or solely the cause of his or her own injury.
Defenses to intentional Torts
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.
John Humphrey
Contributory negligence
12. When the public is misled into believing that one company's goods or services are those a similar brand or product
Trademark infringement
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
Lie flat to distribute the force of the impact
13. What is the maximum weekly EI benefit?
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14. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Nepotism
Ultra vires
Unconscionable transactions
Disclaimer
15. Latin term for 'On the face of it'.
Merit
Specific deterrence - general deterrence - rehabilitation - protection of the public
Prima facie
Contributory negligence
16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Fiduciary Duty
Merit
Exceptions to the privity of contract rule
Prima facie
17. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Exemplary damages
Passing off
Common - mutual and unilateral.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
18. Notices of statutory provisions limiting liability be posted where?
Consideration
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
Equity financing - debt financing - sale of assets
1) in the office - 2) every guestroom - and 3) public rooms (area).
19. Guilty mind.
Trade mark
John Humphrey
Infra hospitium
Mens rea
20. Another word for 'reafian'?
Factoring
Reiver
Option
Thin Skull Rule
21. What are the 3 ways employment can be terminated?
Common - mutual and unilateral.
Discoveries Stage
Section 33 of the Charter
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
22. Latin term for within or on the premises of the inn (extension of the inn).
Surcharge
4 items that should be included in the job description
The kinds of misrepresentation
Infra hospitium
23. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Arraignment
Disclaimer
Gratuitous bailment
24. A duty that cannot be given to someone else
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The items that should be included in a job description
Non delegable duty
Breach of contract
25. A right to use another's land for a specific purpose.
Easement
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Arraignment
26. Accommodations that are not considered 'inns'.
General damages
Amortization
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Trade mark
27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Prima facie
Discoveries Stage
Positive law
Passing off
28. Damages imposed to make an example of the wrongdoer
Passing off
Surcharge
Municipal government
Exemplary damages
29. How can an employer escape alcohol misuse liability?
Shareholders - board of directors - statutory officers - employees - and creditors
Nepotism
Fiduciary Duty
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.
30. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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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
Trade mark
Agent
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
32. When 50 or more employees are laid off within 2 months.
Price fixing
Group termination
Land - buildings - fixtures
$413 or 55% of the claimant's average insured earnings (whichever is less)
33. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Reasons a contract may be impeached
420 to 700 hours depending on the regional unemployment rate
'The thing speaks for itself'
34. Allows a legislation to override the Charter
Section 33 of the Charter
420 to 700 hours depending on the regional unemployment rate
Thin Skull Rule
Intentional - Unintentional
35. List the 3 subtle signs of intoxication.
98%
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trademark infringement
36. What does BFOR stand for?
John Humphrey
Bona fide occupational requirement
Section 33 of the Charter
Types of contracts which must be in writing
37. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Private law
Damages that are imposed to punish and to make an example of the offending party
Equitable estoppal
38. The price a party pays for the promise.
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
Acts of God - acts of a public enemy - guests' own negligence
Consideration
Royal prerogatives
39. Favoritism granted to relatives or friends regardless of merit
Nepotism
Good Samaritan Legislation
Quantum meruit
Positive Law
40. Three types of offences
Salmonella
Summary conviction - indictable - and hybrid
Infra hospitium
The kinds of misrepresentation
41. Food Poisoning from chicken
Section 33 of the Charter
By Performance - By Agreement - By Frustration - By Operation of law
Salmonella
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
42. A person who becomes ill but did not pay for the meal can sue the establishment
Creed
Criminal - Family - Youth - Small claims court
Exceptions to the privity of contract rule
Neighbour principle
43. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Players in the legal system
Section 33 of the Charter
Theft of services
98%
44. List 3 ways to finance a new or existing business.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Surcharge
Absolute liability
Equity financing - debt financing - sale of assets
45. Surviving a falling elevator
Lie flat to distribute the force of the impact
6 primary purposes of tort law
Creed
Passing off
46. Promises made without consideration
Ultra vires
Damages that are imposed to punish and to make an example of the offending party
Gratuitous Promise
Surcharge
47. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Passing off
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Specific deterrence - general deterrence - rehabilitation - protection of the public
48. 'To have the body'
Contributory negligence
Royal prerogatives
Independent contractors - employees
Habeas corpus
49. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Floating charge
General - Punitive - Exemplary
50. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Contributory negligence
Uttering
Reasonable Person Test
Section 33 of the Charter
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