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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. Governor general and lieutenant governors
Exceptions to the privity of contract rule
Royal prerogatives
Parol Evidence Rule
Repudiation - Sabotage - Failure to perform
2. It is not my deed
Non est factum
Power of attorney
Players in the legal system
Instances under which an offer lapses
3. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Contributory negligence
Fiduciary Duty
Discoveries Stage
4. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Private law
Passing off
Non est factum
5. 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
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
The kinds of misrepresentation
Vicarious Liability
Absolute liability
6. 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
Contributory negligence
Gratuitous Promise
The 4 principles of Equal Pay legislation
Passing off
7. Res ipsa loquitur
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8. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Unilateral Contract
Power of Attorney
Ultra vires
Non delegable duty
9. An agreement by an offeror to leave an offer open for a specified period of time.
Contributory Negligence
Option
51% or 52%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
10. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
4 items that should be included in the job description
Floating charge
6 primary purposes of tort law
11. The most difficult element of negligence to prove
Natural Law
Proximate cause of the injury
Good Samaritan Legislation
Section 33 of the Charter
12. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
By Performance - By Agreement - By Frustration - By Operation of law
To 'perfect' a lien
Unilateral Contract
13. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
420 to 700 hours depending on the regional unemployment rate
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Floating charge
$413 or 55% of the claimant's average insured earnings (whichever is less)
14. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Gratuitous bailment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
51% or 52%
15. The period of time required to pay off the principal completely at a set interest rate.
Independent contractors - employees
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
4 items that should be included in the job description
Amortization
16. What are the two types of property?
Infra hospitium
Open and notorious - unchallenged - exclusive - continuous
Personal and real
Intentional - Unintentional
17. Independent contractors and employees.
Independent contractors - employees
By Performance - By Agreement - By Frustration - By Operation of law
The 2 classes of servants
Actus reus and Mens rea
18. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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19. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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20. Legislators - judges - jurors - lawyers - clients and police
John Humphrey
Stare decisis
Criminal - Family - Youth - Small claims court
Players in the legal system
21. Which of the following rights does the Charter guarantee only to citizens of Canada
Prima facie
Democratic rights to vote or run for election
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.
Non est factum
22. 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.
Gratuitous bailment
Equitable estoppel
Damages that are imposed to punish and to make an example of the offending party
Passing off
23. 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?
Express deposit
To 'perfect' a lien
Negligence
Breach of contract
24. An advertisement is an example of this... lets people know that you are ready to accept offers
Democratic rights to vote or run for election
Consideration
Restrictive covenant
Invitation to treat
25. List 3 ways to finance a new or existing business.
Contributory negligence
Fiduciary Duty
Equity financing - debt financing - sale of assets
Defenses to intentional Torts
26. Guilty act in Latin.
Sunset Clause
Reasons a contract may be impeached
Duty to mitigate
Actus reus
27. 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.
Four purpose of sentencing
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Thin Skull Rule
Intentional - Unintentional
28. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Absolute liability
The kinds of misrepresentation
Equity financing - debt financing - sale of assets
29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Trade mark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
30. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Natural Law
Group termination
The owner
31. 'Reasonable worth of the good'
Quantum meruit
Vicarious liability
Royal prerogatives
Specific deterrence - general deterrence - rehabilitation - protection of the public
32. Someone who certifies documents - but does not draft documents
General - Punitive - Exemplary
Notary
Repudiation - sabotage - failure to perform
Theft of services
33. Innocent - negligent and fraudulent
The kinds of misrepresentation
Criminal - Family - Youth - Small claims court
Breach of contract
Constitution
34. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Absolute liability
Trademark infringement
Passing off
35. When the police do not need a warrant to search your residence and/or business?
The 4 principles of Equal Pay legislation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Intentional torts
36. What are three ways a contract is breached?
Equity financing - debt financing - sale of assets
Defamation
Invitation to treat
Repudiation - sabotage - failure to perform
37. Latin term for 'It is not my deed
Non est factum
Defenses to intentional Torts
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
38. Most difficult element of negligence to prove
Lie flat to distribute the force of the impact
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
420 to 700 hours depending on the regional unemployment rate
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
39. Three types of intangibles
Amortization
Sole proprietorship - partnership - and corporations
Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
40. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Reasons a contract may be impeached
Intentional torts
Discoveries Stage
Power of Attorney
41. Notices of statutory provisions limiting liability be posted where?
Injurious Falsehood
Equitable estoppal
1) in the office - 2) every guestroom - and 3) public rooms (area).
General - Punitive - Exemplary
42. Damages are awarded to compensate the injured party
Pleadings - discoveries - pretrial and or mediation - trial - appeals
General damages
Price fixing
Uttering
43. What are the 5 tiers of the corporate structure.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - Indictable - Hybrid
44. When a contract is breached - the injured party must do What is required to limit the losses they suffer
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
Passing off
Duty to mitigate
Players in the legal system
45. List the 3 subtle signs of intoxication.
Agent
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Actus reus
46. A right to use another's land for a specific purpose.
Equity financing - debt financing - sale of assets
Disclaimer
Summary conviction (minor) - indictable (serious) - hybrid
Easement
47. Law created by a person or body with authority to enact and enforce it
Quantum meruit
Substantive Law
Nepotism
Positive Law
48. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Prima facie
Lie flat to distribute the force of the impact
'The thing speaks for itself'
49. 'To have the body'
Passing off
Thin Skull Rule
Gratuitous Promise
Habeas corpus
50. Promises made without consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Discoveries Stage
E. Coli
Gratuitous Promise