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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. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Fiduciary Duty
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Summary conviction - indictable - and hybrid
2. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
The 4 principles of Equal Pay legislation
Disclaimer
Parol Evidence Rule
Express deposit
3. Legal responsibility for the negligence of another person
E. Coli
Vicarious liability
Quantum meruit
98%
4. What are the 3 ways employment can be terminated?
The 4 principles of Equal Pay legislation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Merit
Trademark infringement
5. First stage in a criminal court procedure
Parol Evidence Rule
Prima facie
Arraignment
Criminal - Family - Youth - Small claims court
6. Types of Damages
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
General - Punitive - Exemplary
Intentional torts
Bona fide occupational requirement
7. The publication of a false statement about someone either verbally or in writing which damages their reputation
Specific deterrence - general deterrence - rehabilitation - protection of the public
Four purpose of sentencing
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Defamation
8. List the 3 subtle signs of intoxication.
The 2 classes of servants
Power of attorney
Good Samaritan Legislation
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
9. What are the three kinds of misrepresentation?
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
Innocent - negligent - fraudulent
Absolute liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
10. What are three ways a contract is breached
Merit
Repudiation - Sabotage - Failure to perform
98%
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
11. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Actus reus and Mens rea
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Legal realism
12. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Lie flat to distribute the force of the impact
Actus reus and Mens rea
Landlord-tenant
13. 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.
Theft of services
Notary
Sole proprietorship - partnership - and corporations
Landlord-tenant
14. 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.
Amortization
Unilateral Contract
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equitable estoppel
15. Guilty act in Latin.
Actus reus
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Land - buildings - fixtures
16. Surviving a falling elevator
Lie flat to distribute the force of the impact
Unilateral Contract
Intentional - Unintentional
Common - mutual and unilateral.
17. Use of another company's business name or logo without permission.
Unconscionable transactions
Disclaimer
Trademark infringement
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
18. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Independent contractors - employees
Private law
Food and Drugs Act
John Humphrey
19. Three types of offences
Constitution
Amortization
Summary conviction - indictable - and hybrid
420 to 700 hours depending on the regional unemployment rate
20. 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
Unilateral Contract
51% or 52%
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
21. Alcohol misuse under the Liquor License Act
The owner
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equitable estoppel
Merit
22. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Repudiation - sabotage - failure to perform
Noncompetition/nonsolicitation clauses
Group termination
Floating charge
23. 2 classes of servants.
Independent contractors - employees
Actus reus and Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Contributory Negligence
24. The price a party pays for the promise.
Restrictive covenant
Consideration
Contributory negligence
Criminal - Family - Youth - Small claims court
25. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Invitation to treat
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Parol Evidence Rule
26. Res ipsa loquitur
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27. A person who becomes ill but did not pay for the meal can sue the establishment
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Neighbour principle
Mens rea
Repudiation - sabotage - failure to perform
28. Allows a legislation to override the Charter
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Section 33 of the Charter
Injurious Falsehood
Passing off
29. Most difficult element of negligence to prove
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
30. A plaintiff is partly or solely the cause of his or her own injury.
Criminal - Family - Youth - Small claims court
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Fiduciary Duty
Contributory negligence
31. A duty that cannot be given to someone else
Non delegable duty
$413 or 55% of the claimant's average insured earnings (whichever is less)
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Restrictive covenant
32. Two kinds of negligence
Quantum merits
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Trade mark
Intentional - Unintentional
33. 3 types of business structures.
Injurious Falsehood
Sole proprietorship - partnership - and corporations
To 'perfect' a lien
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
34. Selling accounts receivable at a discount.
Factoring
Contributory negligence
Royal prerogatives
Power of Attorney
35. Under contract law - list the three types of mistake the law recognizes.
Lie flat to distribute the force of the impact
420 to 700 hours depending on the regional unemployment rate
Exceptions to the privity of contract rule
Common - mutual and unilateral.
36. What are exemplary damages?
John Humphrey
Equitable estoppel
Damages that are imposed to punish and to make an example of the offending party
Innocent - negligent - fraudulent
37. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Injurious Falsehood
Discoveries Stage
Easement
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
38. Spoken and written defamation
Vicarious liability
Theft of services
Group termination
Slander and Libel
39. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Absolute liability
Section 33 of the Charter
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
40. 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
Criminal - Family - Youth - Small claims court
Instances under which an offer lapses
Negligent Misrepresentation
Prima facie
41. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Power of Attorney
Negligence
42. Laws duly enacted by a person or body having the authority to enact and enforce them.
Notary
Positive law
Injurious Falsehood
Shareholders - board of directors - statutory officers - employees - and creditors
43. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Types of contracts which must be in writing
Passing off
Land - buildings - fixtures
44. Food Poisoning from chicken
Salmonella
'The thing speaks for itself'
Parol Evidence Rule
Lie flat to distribute the force of the impact
45. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Thin Skull Rule
Uttering
Creed
46. Balance of probability needed to win a civil case
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Landlord-tenant
51% or 52%
Invitation to treat
47. Beyond a reasonable doubt is what probability
The items that should be included in a job description
98%
Passing off
Negligent Misrepresentation
48. What are the three exceptions to the common law absolute liability rule.
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49. Two types of negligence
Bona fide occupational requirement
Reiver
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Intentional - Unintentional
50. 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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return