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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. Use of another company's business name or logo without permission.
Nepotism
Trademark infringement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Habeas corpus
2. What is the maximum weekly EI benefit?
3. Discrimination that is actually encouraged in our society
Summary conviction (minor) - indictable (serious) - hybrid
Constitution
Personal and real
Merit
4. 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
Legal realism
Mens rea
Negligent Misrepresentation
Floating charge
5. 'To have the body'
Breach of contract
Habeas corpus
Power of Attorney
Intentional torts
6. In a criminal procedure list the 3 types of offenses
Negligence Per se
Summary conviction (minor) - indictable (serious) - hybrid
$413 or 55% of the claimant's average insured earnings (whichever is less)
Surcharge
7. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Substantive Law
Passing off
Fiduciary Duty
Reasonable Person Test
8. Spoken and written defamation
Duty to mitigate
Exceptions to the privity of contract rule
Slander and Libel
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
9. 3 types of business structures.
The parol evidence rule
Common - mutual and unilateral.
John Humphrey
Sole proprietorship - partnership - and corporations
10. 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.
Injurious Falsehood
'The thing speaks for itself'
Ultra vires
Fiduciary Duty
11. What are the 3 types of bailment?
Trade mark
Floating charge
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Actus reus and Mens rea
12. Surviving a falling elevator
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform
Passing off
Common - mutual and unilateral.
13. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Substantive Law
Sunset Clause
Fiduciary Duty
Summary conviction - indictable - and hybrid
14. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Gratuitous bailment
Positive Law
Salmonella
15. Four methods to prevent potential legal action against your business.
Absolute liability
Trademark infringement
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 4 principles of Equal Pay legislation
16. Damages imposed to make an example of the wrongdoer
Exemplary damages
Discoveries Stage
Four purpose of sentencing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
17. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
18. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Express deposit
Vicarious Liability
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
19. Types of Damages
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
To 'perfect' a lien
General - Punitive - Exemplary
Acts of God - acts of a public enemy - guests' own negligence
20. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
21. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Four purpose of sentencing
Disclaimer
Food and Drugs Act
22. 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
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
Positive Law
23. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Legal realism
The items that should be included in a job description
Personal and real
Uttering
24. what are the four purposes of sentencing?
Easement
Express deposit
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
25. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Non delegable duty
Landlord-tenant
Express deposit
26. Author of the 1948 Universal Declaration of Human Rights
Lie flat to distribute the force of the impact
John Humphrey
Floating charge
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Non delegable duty
Exceptions to the privity of contract rule
Vicarious Liability
The kinds of misrepresentation
28. 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.
General - Punitive - Exemplary
Infra hospitium
Damages that are imposed to punish and to make an example of the offending party
Thin Skull Rule
29. Someone who certifies documents - but does not draft documents
Notary
Non est factum
Actus reus and Mens rea
Defamation
30. 'Reasonable worth of the good'
Quantum meruit
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.
Contributory Negligence
Shareholders - board of directors - statutory officers - employees - and creditors
31. A restriction placed on some aspect of land use.
Arraignment
John Humphrey
Trade mark
Restrictive covenant
32. Law is whatever judges say it is...
Actus reus and Mens rea
Legal realism
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.
Positive law
33. Circumstances in which the authorities do not need a warrant to search your premises
Acts of God - acts of a public enemy - guests' own negligence
Non delegable duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Trade mark
34. Accommodations that are not considered 'inns'.
Defenses to intentional Torts
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Unconscionable transactions
Intentional - Unintentional
35. Latin for guilty act and guilty mind
Factoring
Creed
Actus reus and Mens rea
Non est factum
36. Favoritism granted to relatives or friends regardless of merit
Nepotism
Legal realism
Neighbour principle
Theft of services
37. Balance of probability needed to win a civil case
51% or 52%
Option
Exceptions to the privity of contract rule
Defenses to intentional Torts
38. The price a party pays for the promise.
Consideration
Summary conviction (minor) - indictable (serious) - hybrid
Invitation to treat
Substantive Law
39. 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
Proximate cause of the injury
Ultra vires
Salmonella
The owner
40. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
To 'perfect' a lien
Breach of contract
Unconscionable transactions
41. How contracts can be discharged
Unconscionable transactions
Actus reus and Mens rea
Substantive Law
By Performance - By Agreement - By Frustration - By Operation of law
42. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Absolute liability
Easement
Thin Skull Rule
43. Governor general and lieutenant governors
Neighbour principle
Royal prerogatives
Types of contracts which must be in writing
Actus reus
44. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Lie flat to distribute the force of the impact
Habeas corpus
Natural Law
45. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Unilateral Contract
Open and notorious - unchallenged - exclusive - continuous
Land - buildings - fixtures
46. A right to use another's land for a specific purpose.
Gratuitous Promise
Easement
Invitation to treat
Merit
47. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Lie flat to distribute the force of the impact
Creed
Legal realism
48. List 3 ways to finance a new or existing business.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Exemplary damages
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equity financing - debt financing - sale of assets
49. Latin for 'the thing speaks for itself'
Private law
Res ipsa loquitar
Contributory negligence
Quantum meruit
50. What are three ways a contract is breached
The kinds of misrepresentation
Agent
Players in the legal system
Repudiation - Sabotage - Failure to perform