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Test your basic knowledge |
Hospitality Law
Start Test
Study First
Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. When the police do not need a warrant to search your residence and/or business?
Consideration
Merit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
2. Allows a legislation to override the Charter
Vicarious Liability
Infra hospitium
John Humphrey
Section 33 of the Charter
3. A promise for an action
51% or 52%
Actus reus
Unilateral Contract
Passing off
4. Use of another company's business name or logo without permission.
Fiduciary Duty
Trademark infringement
Reasons a contract may be impeached
General damages
5. Food poisoning from hamburger
Equitable estoppal
Defenses to intentional Torts
E. Coli
John Humphrey
6. 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
Exemplary damages
Agent
Boarding house - a rooming house - homes for seniors - and time-share arrangements
7. 5 possible consequences if you default on your mortgage?
Power of attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Prima facie
Discoveries Stage
8. What are the two types of property?
Negligence Per se
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Common - mutual and unilateral.
Personal and real
9. Under contract law - list the three types of mistake the law recognizes.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Easement
Common - mutual and unilateral.
Summary conviction - Indictable - Hybrid
10. Political - religious beliefs - and affiliations
Summary conviction (minor) - indictable (serious) - hybrid
Neighbour principle
Salmonella
Creed
11. Latin for guilty act and guilty mind
Actus reus and Mens rea
The kinds of misrepresentation
Option
Injurious Falsehood
12. The period of time required to pay off the principal completely at a set interest rate.
Amortization
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.
Contributory negligence
Non est factum
13. Law is whatever judges say it is...
Res ipsa loquitar
Legal realism
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
51% or 52%
14. An agreement by an offeror to leave an offer open for a specified period of time
Non delegable duty
Option
Common - mutual and unilateral.
Group termination
15. Three types of intangibles
Passing off
51% or 52%
Negligence Per se
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
16. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Fiduciary Duty
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
17. Laws duly enacted by a person or body having the authority to enact and enforce them.
Group termination
Exceptions to the privity of contract rule
Invitation to treat
Positive law
18. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Constitution
Exceptions to the privity of contract rule
Discoveries Stage
Unilateral Contract
19. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Parol Evidence Rule
Positive law
20. 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.
The kinds of misrepresentation
Independent contractors - employees
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Noncompetition/nonsolicitation clauses
21. In a criminal procedure list the 3 types of offenses
Negligent Misrepresentation
Res ipsa loquitar
Summary conviction (minor) - indictable (serious) - hybrid
Substantive Law
22. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Acts of God - acts of a public enemy - guests' own negligence
Ultra vires
The parol evidence rule
23. The amount he merits
Quantum merits
Unconscionable transactions
Shareholders - board of directors - statutory officers - employees - and creditors
The items that should be included in a job description
24. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Positive law
Breach of contract
Thin Skull Rule
Express deposit
25. 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.
Open and notorious - unchallenged - exclusive - continuous
Food and Drugs Act
Duty to mitigate
Fiduciary Duty
26. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Positive Law
Independent contractors - employees
Consideration
27. List the 4 conditions of adverse possession. (squatter's rights)
Consideration
Theft of services
Open and notorious - unchallenged - exclusive - continuous
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
28. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Arraignment
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Instances under which an offer lapses
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
29. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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30. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Positive Law
Contributory negligence
Agent
31. Independent contractors and employees.
The 2 classes of servants
Option
Salmonella
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
32. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligence Per se
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
33. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Shareholders - board of directors - statutory officers - employees - and creditors
Reiver
Gratuitous bailment
Exceptions to the privity of contract rule
34. 5 reasons for evicting a guest.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
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.
Shareholders - board of directors - statutory officers - employees - and creditors
The 4 principles of Equal Pay legislation
35. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Open and notorious - unchallenged - exclusive - continuous
Municipal government
Absolute liability
36. Beyond a reasonable doubt is what probability
Arraignment
Non est factum
Landlord-tenant
98%
37. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Mens rea
Negligence
Defenses to intentional Torts
38. Another word for 'reafian'?
Types of contracts which must be in writing
Option
Reiver
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
39. List 5/6 items employers can expect from their employees
Constitution
Creed
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Consideration
40. What are some of the conditions for rightful dismissal?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Surcharge
By Performance - By Agreement - By Frustration - By Operation of law
41. Spoken and written defamation
Substantive Law
Slander and Libel
Easement
Democratic rights to vote or run for election
42. A right to use another's land for a specific purpose.
The items that should be included in a job description
Easement
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Power of attorney
43. Someone who certifies documents - but does not draft documents
Damages that are imposed to punish and to make an example of the offending party
Positive law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Notary
44. What are exemplary damages?
Mens rea
Four purpose of sentencing
Damages that are imposed to punish and to make an example of the offending party
Power of attorney
45. 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
To 'perfect' a lien
Quantum merits
Vicarious Liability
Passing off
46. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Discoveries Stage
Damages that are imposed to punish and to make an example of the offending party
Shareholders - board of directors - statutory officers - employees - and creditors
47. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
By Performance - By Agreement - By Frustration - By Operation of law
Municipal government
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
48. Which of the following rights does the Charter guarantee only to citizens of Canada
Habeas corpus
Notary
Amortization
Democratic rights to vote or run for election
49. The most difficult element of negligence to prove
Common - mutual and unilateral.
Four purpose of sentencing
Breach of contract
Proximate cause of the injury
50. Surviving a falling elevator
Lie flat to distribute the force of the impact
Equitable estoppel
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Intentional - Unintentional
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