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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. List remedies one would expect when a contract is breached
Group termination
Consideration
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Theft of services
2. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Criminal - Family - Youth - Small claims court
Disclaimer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Actus reus
3. Legal responsibility for the negligence of another person
Types of contracts which must be in writing
Vicarious liability
Express deposit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
4. The price a party pays for the promise.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Absolute liability
Contributory Negligence
Consideration
5. Allows a legislation to override the Charter
The 2 classes of servants
Reasons a contract may be impeached
Intentional torts
Section 33 of the Charter
6. 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
'The thing speaks for itself'
Vicarious Liability
Contributory negligence
Reasons a contract may be impeached
7. 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
Absolute liability
John Humphrey
Good Samaritan Legislation
Equitable estoppel
8. 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
Option
Ultra vires
Power of attorney
Natural Law
9. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Repudiation - Sabotage - Failure to perform
Sunset Clause
Democratic rights to vote or run for election
10. 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.
The owner
Summary conviction - indictable - and hybrid
Thin Skull Rule
Duty to mitigate
11. Innocent - negligent and fraudulent
The kinds of misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligence
Notary
12. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Amortization
13. 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
Negligent Misrepresentation
Group termination
Noncompetition/nonsolicitation clauses
Shareholders - board of directors - statutory officers - employees - and creditors
14. What are three ways a contract is breached
Food and Drugs Act
Duty to mitigate
The 2 classes of servants
Repudiation - Sabotage - Failure to perform
15. Division of law that defines rights and remedies
Thin Skull Rule
Theft of services
Easement
Substantive Law
16. What are the three exceptions to the common law absolute liability rule.
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17. The amount he merits
Quantum merits
Res ipsa loquitar
Summary conviction - Indictable - Hybrid
Repudiation - sabotage - failure to perform
18. Guilty act in Latin.
Disclaimer
Actus reus
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
19. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Power of attorney
Parol Evidence Rule
Discoveries Stage
20. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Option
Repudiation - Sabotage - Failure to perform
Constitution
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
21. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
Instances under which an offer lapses
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.
Positive law
22. Favoritism granted to relatives or friends regardless of merit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Nepotism
Non est factum
By Performance - By Agreement - By Frustration - By Operation of law
23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
E. Coli
Passing off
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.
24. What are the 3 types of bailment?
Summary conviction (minor) - indictable (serious) - hybrid
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The owner
Injurious Falsehood
25. Accommodations that are not considered 'inns'.
Res ipsa loquitar
Infra hospitium
Boarding house - a rooming house - homes for seniors - and time-share arrangements
51% or 52%
26. Three types of offences
Summary conviction - indictable - and hybrid
Criminal - Family - Youth - Small claims court
John Humphrey
Passing off
27. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Passing off
Section 33 of the Charter
Res ipsa loquitar
Reasons a contract may be impeached
28. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Parol Evidence Rule
Power of Attorney
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Defamation
29. 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?
Land - buildings - fixtures
Breach of contract
Types of contracts which must be in writing
Lie flat to distribute the force of the impact
30. Beyond a reasonable doubt is what probability
98%
Power of Attorney
Gratuitous Promise
Unconscionable transactions
31. This relationship exists when one person has the power to affect another person's property or legal interests
The 4 principles of Equal Pay legislation
Open and notorious - unchallenged - exclusive - continuous
Fiduciary Duty
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
32. List 3 ways to finance a new or existing business.
General - Punitive - Exemplary
Equity financing - debt financing - sale of assets
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
33. In a criminal procedure list the 3 types of offenses
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Section 33 of the Charter
Summary conviction (minor) - indictable (serious) - hybrid
Reiver
34. The publication of a false statement about someone either verbally or in writing which damages their reputation
The 2 classes of servants
Defamation
Actus reus and Mens rea
Sole proprietorship - partnership - and corporations
35. When 50 or more employees are laid off within 2 months.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Passing off
Reasons a contract may be impeached
Group termination
36. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
The 4 principles of Equal Pay legislation
Summary conviction - indictable - and hybrid
Exceptions to the privity of contract rule
37. The exchange of benefits; the price a party pays for the promise
To 'perfect' a lien
Consideration
Natural Law
Absolute liability
38. Discrimination that is actually encouraged in our society
Non delegable duty
Positive Law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Merit
39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Royal prerogatives
Absolute liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Breach of contract
40. When the police do not need a warrant to search your residence and/or business?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Infra hospitium
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
41. What are three ways a contract is breached?
Negligence
Discoveries Stage
Repudiation - sabotage - failure to perform
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
42. What are the 3 ways employment can be terminated?
Duty to mitigate
Vicarious liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Discoveries Stage
43. 3 types of offenses in a criminal procedure
Noncompetition/nonsolicitation clauses
Reasonable Person Test
The 2 classes of servants
Summary conviction - Indictable - Hybrid
44. 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.
Noncompetition/nonsolicitation clauses
Lie flat to distribute the force of the impact
By Performance - By Agreement - By Frustration - By Operation of law
Absolute liability
45. Minimum amount of hours needed to be eligible for EI benefits.
Negligent Misrepresentation
Exceptions to the privity of contract rule
Trade mark
420 to 700 hours depending on the regional unemployment rate
46. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Personal and real
Power of attorney
Four purpose of sentencing
Intentional torts
47. Independent contractors and employees.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 2 classes of servants
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability
48. Law created by a person or body with authority to enact and enforce it
6 primary purposes of tort law
Proximate cause of the injury
Creed
Positive Law
49. 'Reasonable worth of the good'
Ultra vires
Merit
Quantum meruit
Discoveries Stage
50. What does real property include?
The 2 classes of servants
Instances under which an offer lapses
Defenses to intentional Torts
Land - buildings - fixtures