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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. Alcohol misuse under the Liquor License Act
Res ipsa loquitar
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Power of Attorney
Pleadings - discoveries - pretrial and or mediation - trial - appeals
2. Promises made without consideration
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Nepotism
Gratuitous Promise
Pleadings - discoveries - pretrial and or mediation - trial - appeals
3. Four methods to prevent potential legal action against your business.
The kinds of misrepresentation
Natural Law
Specific deterrence - general deterrence - rehabilitation - protection of the public
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
4. Law based on moral - religious or philosophical grounds
Absolute liability
Surcharge
Non delegable duty
Natural Law
5. Author of the Universal Declaration of Human Rights
John Humphrey
Repudiation - Sabotage - Failure to perform
Prima facie
Parol Evidence Rule
6. The publication of a false statement about someone either verbally or in writing which damages their reputation
Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The kinds of misrepresentation
Defamation
7. List 5/6 items employers can expect from their employees
Creed
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Specific deterrence - general deterrence - rehabilitation - protection of the public
Exceptions to the privity of contract rule
8. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
The parol evidence rule
Prima facie
Constitution
Negligence Per se
9. Food poisoning from hamburger
General - Punitive - Exemplary
Trademark infringement
Easement
E. Coli
10. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Defenses to intentional Torts
Fiduciary Duty
Exemplary damages
11. When two or more suppliers conspire to set prices.
Summary conviction - indictable - and hybrid
Common - mutual and unilateral.
Price fixing
Royal prerogatives
12. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
$413 or 55% of the claimant's average insured earnings (whichever is less)
Repudiation - Sabotage - Failure to perform
The owner
13. what are the four purposes of sentencing?
Neighbour principle
Gratuitous bailment
Specific deterrence - general deterrence - rehabilitation - protection of the public
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
14. Minimum amount of hours needed to be eligible for EI benefits.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
420 to 700 hours depending on the regional unemployment rate
Duty to mitigate
Express deposit
15. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
The 2 classes of servants
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
51% or 52%
Landlord-tenant
16. Division of Lower Provincial Courts
Breach of contract
The parol evidence rule
Criminal - Family - Youth - Small claims court
Positive law
17. Latin term for 'On the face of it'.
Sunset Clause
By Performance - By Agreement - By Frustration - By Operation of law
Unilateral Contract
Prima facie
18. What are the 3 types of bailment?
420 to 700 hours depending on the regional unemployment rate
Actus reus
Res ipsa loquitar
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
19. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Intentional - Unintentional
John Humphrey
Floating charge
Intentional - Unintentional
20. 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
Parol Evidence Rule
Positive law
Nepotism
Ultra vires
21. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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22. It is not my deed
Prima facie
John Humphrey
Non est factum
Specific deterrence - general deterrence - rehabilitation - protection of the public
23. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Bona fide occupational requirement
Theft of services
24. Two types of negligence
Absolute liability
Intentional - Unintentional
Shareholders - board of directors - statutory officers - employees - and creditors
The owner
25. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
51% or 52%
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.
Land - buildings - fixtures
26. List remedies one would expect when a contract is breached
Repudiation - sabotage - failure to perform
Uttering
Instances under which an offer lapses
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
27. Types of Damages
Stare decisis
Actus reus and Mens rea
Theft of services
General - Punitive - Exemplary
28. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Power of attorney
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
General - Punitive - Exemplary
Landlord-tenant
29. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
The parol evidence rule
Food and Drugs Act
6 primary purposes of tort law
Option
30. Latin term for 'It is not my deed
Four purpose of sentencing
Non est factum
Surcharge
Repudiation - sabotage - failure to perform
31. What must be established to substantiate a claim for bailment?
Creed
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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Quantum meruit
32. You shall have the body
Municipal government
Habeas corpus
John Humphrey
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
33. Legislators - judges - jurors - lawyers - clients and police
Criminal - Family - Youth - Small claims court
Summary conviction (minor) - indictable (serious) - hybrid
Players in the legal system
Equitable estoppel
34. What are the two types of property?
Specific deterrence - general deterrence - rehabilitation - protection of the public
General - Punitive - Exemplary
Personal and real
Habeas corpus
35. Damages are awarded to compensate the injured party
Fiduciary Duty
Section 33 of the Charter
Surcharge
General damages
36. Within the walls of the inn
Infra hospitium
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Merit
Theft of services
37. A symbol - word - name or device used to identify or signify a company or its product.
Democratic rights to vote or run for election
Res ipsa loquitar
Unconscionable transactions
Trade mark
38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Prima facie
Passing off
Sunset Clause
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
39. 2 classes of servants.
Non est factum
Independent contractors - employees
Prima facie
Food and Drugs Act
40. Defaming a business - a product or a property rather than a person.
Disclaimer
Injurious Falsehood
Non est factum
The owner
41. Selling accounts receivable at a discount.
Quantum merits
Four purpose of sentencing
Noncompetition/nonsolicitation clauses
Factoring
42. This person acts on behalf of the principal
Instances under which an offer lapses
Four purpose of sentencing
Agent
Passing off
43. The most difficult element of negligence to prove
Proximate cause of the injury
Negligence Per se
Constitution
Factoring
44. 3 types of business structures.
Gratuitous bailment
Equitable estoppel
Reasons a contract may be impeached
Sole proprietorship - partnership - and corporations
45. 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
Prima facie
Negligent Misrepresentation
Equitable estoppel
Agent
46. List the 4 conditions of adverse possession. (squatter's rights)
Creed
51% or 52%
Proximate cause of the injury
Open and notorious - unchallenged - exclusive - continuous
47. What are the 3 ways employment can be terminated?
The 4 principles of Equal Pay legislation
Passing off
Quantum merits
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
48. 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
Injurious Falsehood
Open and notorious - unchallenged - exclusive - continuous
Duty to mitigate
49. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The 4 principles of Equal Pay legislation
Prima facie
Uttering
50. Once a contract is written - it cannot be changed without consent of both parties.
Uttering
Duty to mitigate
Damages that are imposed to punish and to make an example of the offending party
The parol evidence rule