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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. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Disclaimer
Defenses to intentional Torts
Constitution
6 primary purposes of tort law
2. Accommodations that are not considered 'inns'.
Mens rea
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Intentional - Unintentional
Non est factum
3. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Legal realism
Breach of contract
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
4. First stage in a criminal court procedure
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Arraignment
Prima facie
5. 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
The 4 principles of Equal Pay legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Arraignment
Passing off
6. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Shareholders - board of directors - statutory officers - employees - and creditors
Discoveries Stage
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Gratuitous bailment
7. Beyond a reasonable doubt is what probability
Summary conviction - indictable - and hybrid
Natural Law
Noncompetition/nonsolicitation clauses
98%
8. 3 types of business structures.
Equitable estoppel
Sunset Clause
Sole proprietorship - partnership - and corporations
Discoveries Stage
9. List 3 ways to finance a new or existing business.
Theft of services
Positive Law
Reasons a contract may be impeached
Equity financing - debt financing - sale of assets
10. What are three ways a contract is breached
'The thing speaks for itself'
To 'perfect' a lien
Repudiation - Sabotage - Failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Criminal - Family - Youth - Small claims court
Constitution
Passing off
Specific deterrence - general deterrence - rehabilitation - protection of the public
12. Most difficult element of negligence to prove
Invitation to treat
Non est factum
Duty to mitigate
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
13. Food Poisoning from chicken
Positive Law
Agent
Salmonella
Arraignment
14. A person who becomes ill but did not pay for the meal can sue the establishment
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Neighbour principle
Vicarious Liability
51% or 52%
15. An advertisement is an example of this... lets people know that you are ready to accept offers
Option
Invitation to treat
Passing off
General damages
16. Innocent - negligent and fraudulent
Section 33 of the Charter
The parol evidence rule
The owner
The kinds of misrepresentation
17. Two types of negligence
Discoveries Stage
6 primary purposes of tort law
Intentional - Unintentional
Proximate cause of the injury
18. A duty that cannot be given to someone else
To 'perfect' a lien
Uttering
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Non delegable duty
19. 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
Power of attorney
Gratuitous bailment
Open and notorious - unchallenged - exclusive - continuous
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
20. Res ipsa loquitur
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21. Governor general and lieutenant governors
Royal prerogatives
Equitable estoppal
Option
Neighbour principle
22. Another word for 'reafian'?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Intentional torts
Reiver
Amortization
23. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Consideration
Duty to mitigate
Equitable estoppal
24. Regulation - deterrence - compensation - dispute resolution - education and prevention
Duty to mitigate
Personal and real
6 primary purposes of tort law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
25. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Prima facie
Contributory negligence
Shareholders - board of directors - statutory officers - employees - and creditors
26. Latin term for 'It is not my deed
Price fixing
Negligent Misrepresentation
Non est factum
Notary
27. What are the 5 tiers of the corporate structure.
98%
Unconscionable transactions
Municipal government
Shareholders - board of directors - statutory officers - employees - and creditors
28. The division of law associated with interpersonal matters
Negligence Per se
Private law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Option
29. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Common - mutual and unilateral.
Passing off
Slander and Libel
30. Legal responsibility for the negligence of another person
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Vicarious liability
420 to 700 hours depending on the regional unemployment rate
Royal prerogatives
31. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Democratic rights to vote or run for election
Arraignment
Unconscionable transactions
32. Surviving a falling elevator
Prima facie
Lie flat to distribute the force of the impact
E. Coli
Express deposit
33. Promises made without consideration
Vicarious Liability
Gratuitous Promise
Neighbour principle
Food and Drugs Act
34. What must be established to substantiate a claim for bailment?
Criminal - Family - Youth - Small claims court
Negligence Per se
Passing off
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
35. Damages are awarded to compensate the injured party
Parol Evidence Rule
Section 33 of the Charter
General damages
Arraignment
36. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Exceptions to the privity of contract rule
Royal prerogatives
Quantum merits
37. what are the four purposes of sentencing?
Power of Attorney
51% or 52%
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reasons a contract may be impeached
38. When 50 or more employees are laid off within 2 months.
Group termination
Prima facie
Trade mark
Equitable estoppal
39. Types of Damages
Vicarious liability
General - Punitive - Exemplary
Open and notorious - unchallenged - exclusive - continuous
Infra hospitium
40. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Quantum merits
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.
Instances under which an offer lapses
41. A right to use another's land for a specific purpose.
Notary
Defamation
Shareholders - board of directors - statutory officers - employees - and creditors
Easement
42. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
John Humphrey
Landlord-tenant
Merit
43. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The 4 principles of Equal Pay legislation
Breach of contract
Instances under which an offer lapses
44. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Reasonable Person Test
Lie flat to distribute the force of the impact
Infra hospitium
4 items that should be included in the job description
45. What are the 3 ways employment can be terminated?
Exceptions to the privity of contract rule
Duty to mitigate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
46. Three types of intangibles
Contributory Negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Lie flat to distribute the force of the impact
47. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Contributory Negligence
Actus reus and Mens rea
Absolute liability
John Humphrey
48. Discrimination that is actually encouraged in our society
Landlord-tenant
Defamation
Merit
Power of attorney
49. The price a party pays for the promise.
Consideration
The items that should be included in a job description
Disclaimer
Option
50. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Duty to mitigate
98%
Unconscionable transactions
Ultra vires