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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. Discrimination that is actually encouraged in our society
Merit
Gratuitous Promise
420 to 700 hours depending on the regional unemployment rate
Salmonella
2. The exchange of benefits; the price a party pays for the promise
Proximate cause of the injury
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
3. List remedies one would expect when a contract is breached
Gratuitous bailment
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Factoring
Types of contracts which must be in writing
4. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Four purpose of sentencing
Express deposit
Royal prerogatives
Surcharge
5. 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
The 4 principles of Equal Pay legislation
Creed
Stare decisis
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
6. Law created by a person or body with authority to enact and enforce it
Positive Law
Proximate cause of the injury
Nepotism
Gratuitous Promise
7. A person who becomes ill but did not pay for the meal can sue the establishment
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
Neighbour principle
Quantum merits
8. Promises made without consideration
Gratuitous Promise
Injurious Falsehood
420 to 700 hours depending on the regional unemployment rate
Consideration
9. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Section 33 of the Charter
Option
Unconscionable transactions
Disclaimer
10. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
6 primary purposes of tort law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Habeas corpus
11. Latin term for 'It is not my deed
Prima facie
Discoveries Stage
Non est factum
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
12. What is the maximum weekly EI benefit?
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13. 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
Non est factum
Landlord-tenant
Personal and real
14. Governor general and lieutenant governors
Bona fide occupational requirement
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.
Uttering
Royal prerogatives
15. Allows a legislation to override the Charter
Section 33 of the Charter
Factoring
Equitable estoppel
Intentional - Unintentional
16. Regulation - deterrence - compensation - dispute resolution - education and prevention
51% or 52%
Passing off
Contributory Negligence
6 primary purposes of tort law
17. A restriction placed on some aspect of land use.
Legal realism
Restrictive covenant
Consideration
Open and notorious - unchallenged - exclusive - continuous
18. Circumstances in which the authorities do not need a warrant to search your premises
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Acts of God - acts of a public enemy - guests' own negligence
19. An agreement by an offeror to leave an offer open for a specified period of time.
Habeas corpus
Common - mutual and unilateral.
Democratic rights to vote or run for election
Option
20. You shall have the body
The items that should be included in a job description
Habeas corpus
Non est factum
Reiver
21. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Equity financing - debt financing - sale of assets
Four purpose of sentencing
Actus reus
Consideration
22. The most difficult element of negligence to prove
Proximate cause of the injury
General - Punitive - Exemplary
Absolute liability
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
23. The publication of a false statement about someone either verbally or in writing which damages their reputation
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Defamation
The 4 principles of Equal Pay legislation
24. First stage in a criminal court procedure
Constitution
6 primary purposes of tort law
Sunset Clause
Arraignment
25. Guilty mind.
Positive law
Mens rea
Open and notorious - unchallenged - exclusive - continuous
Reasonable Person Test
26. Who owns mislaid property?
Uttering
Contributory Negligence
Contributory negligence
The owner
27. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Common - mutual and unilateral.
Power of Attorney
Contributory Negligence
28. Latin term for 'On the face of it'.
Fiduciary Duty
Gratuitous Promise
Specific deterrence - general deterrence - rehabilitation - protection of the public
Prima facie
29. 3 types of offenses in a criminal procedure
Absolute liability
Positive Law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - Indictable - Hybrid
30. Alcohol misuse under the Liquor License Act
Defamation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Substantive Law
Power of attorney
31. 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.
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.
Substantive Law
The parol evidence rule
Equitable estoppel
32. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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33. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equitable estoppal
Injurious Falsehood
34. 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
Slander and Libel
Floating charge
Duty to mitigate
35. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Breach of contract
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Shareholders - board of directors - statutory officers - employees - and creditors
36. Most difficult element of negligence to prove
Invitation to treat
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reasons a contract may be impeached
37. An agreement by an offeror to leave an offer open for a specified period of time
Four purpose of sentencing
Option
Fiduciary Duty
Absolute liability
38. When two or more suppliers conspire to set prices.
Price fixing
Intentional - Unintentional
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Discoveries Stage
39. What does BFOR stand for?
Thin Skull Rule
Bona fide occupational requirement
Arraignment
Negligence Per se
40. 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?
Contributory negligence
Breach of contract
Equitable estoppel
Negligence Per se
41. Two kinds of negligence
Intentional - Unintentional
Consideration
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
Restrictive covenant
42. 'Reasonable worth of the good'
Democratic rights to vote or run for election
Summary conviction - indictable - and hybrid
Habeas corpus
Quantum meruit
43. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Restrictive covenant
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Infra hospitium
44. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Price fixing
Specific deterrence - general deterrence - rehabilitation - protection of the public
Constitution
The parol evidence rule
45. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Mens rea
Infra hospitium
To 'perfect' a lien
Floating charge
46. How can an employer escape alcohol misuse liability?
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.
Option
Ultra vires
Non delegable duty
47. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Stare decisis
The items that should be included in a job description
Option
48. Fundamental freedoms in Section 2 of the Charter
Reasons a contract may be impeached
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Private law
Uttering
49. Innocent - negligent and fraudulent
The kinds of misrepresentation
Option
To 'perfect' a lien
Res ipsa loquitar
50. What are the three kinds of misrepresentation?
Private law
Vicarious liability
Innocent - negligent - fraudulent
Exceptions to the privity of contract rule