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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. Conditions for rightful dismissal.
The 2 classes of servants
420 to 700 hours depending on the regional unemployment rate
Criminal - Family - Youth - Small claims court
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
2. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Actus reus
Common - mutual and unilateral.
Salmonella
Uttering
3. First stage in a criminal court procedure
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Arraignment
Reiver
Sunset Clause
4. Promises made without consideration
Equity financing - debt financing - sale of assets
Gratuitous Promise
Group termination
Duty to mitigate
5. 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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Ultra vires
Passing off
Sole proprietorship - partnership - and corporations
6. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Amortization
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Noncompetition/nonsolicitation clauses
Habeas corpus
7. 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
Group termination
98%
Vicarious Liability
Creed
8. The level of government in charge of bylaws
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
Non est factum
Express deposit
9. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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10. Three types of offences
Merit
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.
Passing off
Summary conviction - indictable - and hybrid
11. Law is whatever judges say it is...
Express deposit
Legal realism
Factoring
Gratuitous bailment
12. The most difficult element of negligence to prove
Landlord-tenant
Proximate cause of the injury
Personal and real
Boarding house - a rooming house - homes for seniors - and time-share arrangements
13. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Easement
'The thing speaks for itself'
Reiver
Defenses to intentional Torts
14. Beyond a reasonable doubt is what probability
Independent contractors - employees
$413 or 55% of the claimant's average insured earnings (whichever is less)
Negligence
98%
15. The exchange of benefits; the price a party pays for the promise
Consideration
Legal realism
Discoveries Stage
Summary conviction - indictable - and hybrid
16. What must be established to substantiate a claim for bailment?
Intentional - Unintentional
Bona fide occupational requirement
Exceptions to the privity of contract rule
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
17. What are the 3 types of bailment?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Equitable estoppel
Summary conviction (minor) - indictable (serious) - hybrid
18. Spoken and written defamation
The kinds of misrepresentation
The owner
Stare decisis
Slander and Libel
19. Res ipsa loquitur
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20. Notices of statutory provisions limiting liability be posted where?
Factoring
Unilateral Contract
1) in the office - 2) every guestroom - and 3) public rooms (area).
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
21. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Breach of contract
Parol Evidence Rule
The 4 principles of Equal Pay legislation
Reasons a contract may be impeached
22. The amount he merits
Absolute liability
Duty to mitigate
Quantum merits
Sole proprietorship - partnership - and corporations
23. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Salmonella
Legal realism
Summary conviction (minor) - indictable (serious) - hybrid
24. When the public is misled into believing that one company's goods or services are those a similar brand or product
The 2 classes of servants
Noncompetition/nonsolicitation clauses
Proximate cause of the injury
Passing off
25. The publication of a false statement about someone either verbally or in writing which damages their reputation
Surcharge
Equity financing - debt financing - sale of assets
Defamation
John Humphrey
26. Three types of intangibles
The 2 classes of servants
Sole proprietorship - partnership - and corporations
Proximate cause of the injury
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
27. The division of law associated with interpersonal matters
Private law
Ultra vires
Floating charge
Gratuitous Promise
28. Legislators - judges - jurors - lawyers - clients and police
Passing off
Actus reus
Actus reus and Mens rea
Players in the legal system
29. 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
Exceptions to the privity of contract rule
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of attorney
Mens rea
30. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Contributory negligence
Negligence Per se
Invitation to treat
Summary conviction - Indictable - Hybrid
31. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Non est factum
Unilateral Contract
Duty to mitigate
Absolute liability
32. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
The parol evidence rule
Defenses to intentional Torts
Negligence
Agent
33. A duty that cannot be given to someone else
Salmonella
Floating charge
Good Samaritan Legislation
Non delegable duty
34. List remedies one would expect when a contract is breached
Discoveries Stage
Gratuitous bailment
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
35. What is the maximum weekly EI benefit?
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36. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Municipal government
The 2 classes of servants
4 items that should be included in the job description
Quantum merits
37. When the police do not need a warrant to search your residence and/or business?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Absolute liability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
38. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Four purpose of sentencing
Intentional torts
The 4 principles of Equal Pay legislation
Defenses to intentional Torts
39. What are three ways a contract is breached
Mens rea
Repudiation - Sabotage - Failure to perform
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
Discoveries Stage
40. Damages are awarded to compensate the injured party
Gratuitous bailment
Merit
Acts of God - acts of a public enemy - guests' own negligence
General damages
41. A right to use another's land for a specific purpose.
Stare decisis
Easement
Express deposit
Uttering
42. 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.
Non est factum
Notary
Actus reus and Mens rea
Theft of services
43. 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
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
Private law
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.
Negligent Misrepresentation
44. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Repudiation - Sabotage - Failure to perform
Discoveries Stage
Substantive Law
Reiver
45. 3 types of offenses in a criminal procedure
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction - Indictable - Hybrid
Creed
Four purpose of sentencing
46. Latin for guilty act and guilty mind
Ultra vires
Unconscionable transactions
Express deposit
Actus reus and Mens rea
47. An agreement by an offeror to leave an offer open for a specified period of time.
Sole proprietorship - partnership - and corporations
Option
Stare decisis
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
48. How can an employer escape alcohol misuse liability?
Habeas corpus
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.
Trademark infringement
Gratuitous bailment
49. 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?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Fiduciary Duty
Breach of contract
50. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Summary conviction - indictable - and hybrid
Royal prerogatives
Equitable estoppal