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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. What are three ways a contract is breached
Common - mutual and unilateral.
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform
Absolute liability
2. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
The owner
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction (minor) - indictable (serious) - hybrid
Unconscionable transactions
3. Two kinds of negligence
Municipal government
Passing off
Intentional - Unintentional
Arraignment
4. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Landlord-tenant
Food and Drugs Act
The items that should be included in a job description
John Humphrey
5. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
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.
Duty to mitigate
Exceptions to the privity of contract rule
Constitution
6. 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?
Negligence Per se
Breach of contract
Injurious Falsehood
Common - mutual and unilateral.
7. Circumstances in which the authorities do not need a warrant to search your premises
Exceptions to the privity of contract rule
Independent contractors - employees
Municipal government
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
8. Author of the Universal Declaration of Human Rights
John Humphrey
Legal realism
Private law
Trade mark
9. 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
Land - buildings - fixtures
Price fixing
420 to 700 hours depending on the regional unemployment rate
10. Bailment for the sole benefit of the bailor.
Quantum meruit
Sunset Clause
Habeas corpus
Gratuitous bailment
11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Equitable estoppel
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Passing off
Actus reus and Mens rea
12. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Independent contractors - employees
Reasons a contract may be impeached
Nepotism
Vicarious Liability
13. Damages imposed to make an example of the wrongdoer
The 2 classes of servants
Parol Evidence Rule
Exemplary damages
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
14. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Arraignment
Reasons a contract may be impeached
Fiduciary Duty
Constitution
15. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Negligence Per se
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Open and notorious - unchallenged - exclusive - continuous
16. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Breach of contract
Democratic rights to vote or run for election
Defenses to intentional Torts
Noncompetition/nonsolicitation clauses
17. Latin for guilty act and guilty mind
Breach of contract
Types of contracts which must be in writing
Innocent - negligent - fraudulent
Actus reus and Mens rea
18. 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
Ultra vires
Reasonable Person Test
Summary conviction - Indictable - Hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
19. What are some of the conditions for rightful dismissal?
Res ipsa loquitar
Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction (minor) - indictable (serious) - hybrid
20. The period of time required to pay off the principal completely at a set interest rate.
Duty to mitigate
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
Amortization
Positive law
21. Innocent - negligent and fraudulent
The kinds of misrepresentation
Legal realism
Discoveries Stage
The items that should be included in a job description
22. Who owns mislaid property?
Legal realism
The owner
Vicarious Liability
Positive law
23. 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.
Equitable estoppel
Damages that are imposed to punish and to make an example of the offending party
Passing off
Consideration
24. Food Poisoning from chicken
Passing off
Reiver
Salmonella
Gratuitous bailment
25. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Passing off
Exceptions to the privity of contract rule
Vicarious liability
26. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Salmonella
Absolute liability
Intentional torts
Duty to mitigate
27. The level of government in charge of bylaws
Municipal government
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Summary conviction - Indictable - Hybrid
Damages that are imposed to punish and to make an example of the offending party
28. Latin term for within or on the premises of the inn (extension of the inn).
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.
Infra hospitium
Exceptions to the privity of contract rule
Noncompetition/nonsolicitation clauses
29. What does real property include?
Option
By Performance - By Agreement - By Frustration - By Operation of law
Land - buildings - fixtures
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
30. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Personal and real
Repudiation - sabotage - failure to perform
Instances under which an offer lapses
By Performance - By Agreement - By Frustration - By Operation of law
31. The amount he merits
Quantum merits
Noncompetition/nonsolicitation clauses
Neighbour principle
98%
32. Another word for 'reafian'?
Municipal government
Exceptions to the privity of contract rule
Reiver
The 4 principles of Equal Pay legislation
33. When the police do not need a warrant to search your residence and/or business?
Group termination
Repudiation - sabotage - failure to perform
Restrictive covenant
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
34. The exchange of benefits; the price a party pays for the promise
Bona fide occupational requirement
Consideration
John Humphrey
420 to 700 hours depending on the regional unemployment rate
35. Guilty act in Latin.
Vicarious liability
Actus reus
Mens rea
Uttering
36. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Four purpose of sentencing
Private law
Unconscionable transactions
Exceptions to the privity of contract rule
37. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Gratuitous bailment
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Negligence
Notary
38. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
E. Coli
Landlord-tenant
6 primary purposes of tort law
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
39. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
John Humphrey
Theft of services
Repudiation - sabotage - failure to perform
40. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Criminal - Family - Youth - Small claims court
Theft of services
Factoring
41. Favoritism granted to relatives or friends regardless of merit
Nepotism
Amortization
Reasons a contract may be impeached
Passing off
42. An advertisement is an example of this... lets people know that you are ready to accept offers
Gratuitous Promise
The parol evidence rule
Invitation to treat
Actus reus
43. Discrimination that is actually encouraged in our society
Parol Evidence Rule
Merit
Group termination
Summary conviction - indictable - and hybrid
44. A person who becomes ill but did not pay for the meal can sue the establishment
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
General damages
Neighbour principle
Parol Evidence Rule
45. Independent contractors and employees.
Shareholders - board of directors - statutory officers - employees - and creditors
The 2 classes of servants
Infra hospitium
Negligence
46. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Uttering
Good Samaritan Legislation
47. The publication of a false statement about someone either verbally or in writing which damages their reputation
Infra hospitium
Defamation
Independent contractors - employees
Trademark infringement
48. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Passing off
Four purpose of sentencing
Power of Attorney
49. Law created by a person or body with authority to enact and enforce it
Fiduciary Duty
Power of attorney
Positive Law
Intentional - Unintentional
50. Selling accounts receivable at a discount.
Open and notorious - unchallenged - exclusive - continuous
Prima facie
Factoring
Price fixing