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Test your basic knowledge |
Hospitality Law
Start Test
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. Once a contract is written - it cannot be changed without the consent of both parties
Infra hospitium
Negligence Per se
Parol Evidence Rule
Lie flat to distribute the force of the impact
2. Law based on moral - religious or philosophical grounds
E. Coli
Option
Habeas corpus
Natural Law
3. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Reasons a contract may be impeached
Good Samaritan Legislation
Lie flat to distribute the force of the impact
Criminal - Family - Youth - Small claims court
4. Law created by a person or body with authority to enact and enforce it
Positive Law
Gratuitous Promise
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Fiduciary Duty
5. Minimum amount of hours needed to be eligible for EI benefits.
Invitation to treat
Infra hospitium
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
420 to 700 hours depending on the regional unemployment rate
6. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Innocent - negligent - fraudulent
Uttering
The parol evidence rule
7. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Criminal - Family - Youth - Small claims court
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
General - Punitive - Exemplary
Absolute liability
8. A duty that cannot be given to someone else
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non delegable duty
Proximate cause of the injury
Discoveries Stage
9. It is not my deed
Express deposit
Repudiation - sabotage - failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non est factum
10. Legal responsibility for the negligence of another person
To 'perfect' a lien
Vicarious liability
Legal realism
Consideration
11. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Infra hospitium
Specific deterrence - general deterrence - rehabilitation - protection of the public
12. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Defenses to intentional Torts
Personal and real
Shareholders - board of directors - statutory officers - employees - and creditors
13. Latin for 'the thing speaks for itself'
Res ipsa loquitar
4 items that should be included in the job description
Salmonella
Repudiation - Sabotage - Failure to perform
14. 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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
Habeas corpus
Thin Skull Rule
15. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The items that should be included in a job description
Summary conviction - Indictable - Hybrid
16. Latin for guilty act and guilty mind
Actus reus and Mens rea
John Humphrey
Reasons a contract may be impeached
Option
17. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
E. Coli
Municipal government
Instances under which an offer lapses
18. Selling accounts receivable at a discount.
Gratuitous bailment
Factoring
Sole proprietorship - partnership - and corporations
Constitution
19. Law is whatever judges say it is...
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Independent contractors - employees
Amortization
Legal realism
20. Latin term for 'It is not my deed
The items that should be included in a job description
By Performance - By Agreement - By Frustration - By Operation of law
Royal prerogatives
Non est factum
21. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Thin Skull Rule
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.
Four purpose of sentencing
Fiduciary Duty
22. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious Liability
Landlord-tenant
Discoveries Stage
23. When the public is misled into believing that one company's goods or services are those a similar brand or product
Theft of services
Passing off
Option
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.
24. Allows a legislation to override the Charter
Absolute liability
Consideration
Section 33 of the Charter
Equitable estoppel
25. Governor general and lieutenant governors
Slander and Libel
Royal prerogatives
Sole proprietorship - partnership - and corporations
Breach of contract
26. What are the five stages of a civil action?
Infra hospitium
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Parol Evidence Rule
27. Favoritism granted to relatives or friends regardless of merit
Absolute liability
Nepotism
Legal realism
Summary conviction - Indictable - Hybrid
28. 5 possible consequences if you default on your mortgage?
Good Samaritan Legislation
Gratuitous bailment
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
General damages
29. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The parol evidence rule
Equitable estoppal
Reasonable Person Test
4 items that should be included in the job description
30. 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?
Breach of contract
Amortization
The items that should be included in a job description
General - Punitive - Exemplary
31. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Food and Drugs Act
Non est factum
32. Bailment for the sole benefit of the bailor.
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury
Gratuitous bailment
33. A promise for an action
420 to 700 hours depending on the regional unemployment rate
Bona fide occupational requirement
Personal and real
Unilateral Contract
34. Division of law that defines rights and remedies
Common - mutual and unilateral.
Open and notorious - unchallenged - exclusive - continuous
Substantive Law
Summary conviction - indictable - and hybrid
35. Surviving a falling elevator
Proximate cause of the injury
Lie flat to distribute the force of the impact
Criminal - Family - Youth - Small claims court
Royal prerogatives
36. What are the three exceptions to the common law absolute liability rule.
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37. 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
Prima facie
Food and Drugs Act
Non est factum
38. Which of the following rights does the Charter guarantee only to citizens of Canada
Habeas corpus
Democratic rights to vote or run for election
Injurious Falsehood
Negligence Per se
39. What are three ways a contract is breached?
Acts of God - acts of a public enemy - guests' own negligence
John Humphrey
Passing off
Repudiation - sabotage - failure to perform
40. The most difficult element of negligence to prove
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Creed
Intentional torts
Proximate cause of the injury
41. Conditions for rightful dismissal.
Noncompetition/nonsolicitation clauses
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Defamation
Nepotism
42. What must be established to substantiate a claim for bailment?
Legal realism
Equitable estoppal
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
Bona fide occupational requirement
43. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Exceptions to the privity of contract rule
Reasons a contract may be impeached
Sunset Clause
44. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Infra hospitium
Four purpose of sentencing
Breach of contract
45. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Neighbour principle
Intentional torts
Independent contractors - employees
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
46. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Vicarious liability
1) in the office - 2) every guestroom - and 3) public rooms (area).
The 4 principles of Equal Pay legislation
Exceptions to the privity of contract rule
47. What are the 3 ways employment can be terminated?
Absolute liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Neighbour principle
Injurious Falsehood
48. Fundamental freedoms in Section 2 of the Charter
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
The 4 principles of Equal Pay legislation
Breach of contract
49. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Passing off
Food and Drugs Act
Reasonable Person Test
Financial disloyalty - falsified qualifications - gross and continuing incompetence
50. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Equitable estoppel
John Humphrey
'The thing speaks for itself'
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