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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. A plaintiff is partly or solely the cause of his or her own injury
Positive Law
Contributory negligence
Invitation to treat
Intentional torts
2. Within the walls of the inn
Acts of God - acts of a public enemy - guests' own negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Infra hospitium
Parol Evidence Rule
3. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Theft of services
Substantive Law
Ultra vires
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
4. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Pleadings - discoveries - pretrial and or mediation - trial - appeals
5. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Power of attorney
6. What is the maximum weekly EI benefit?
7. list 4 elements of bailment
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
8. Beyond a reasonable doubt is what probability
Exceptions to the privity of contract rule
Open and notorious - unchallenged - exclusive - continuous
98%
John Humphrey
9. List 3 ways to finance a new or existing business.
Royal prerogatives
Private law
Contributory negligence
Equity financing - debt financing - sale of assets
10. Minimum amount of hours needed to be eligible for EI benefits.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
420 to 700 hours depending on the regional unemployment rate
Duty to mitigate
Exemplary damages
11. Three types of intangibles
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Players in the legal system
Invitation to treat
12. 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.
Sole proprietorship - partnership - and corporations
Noncompetition/nonsolicitation clauses
Contributory Negligence
Express deposit
13. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Trademark infringement
Duty to mitigate
Salmonella
Reasons a contract may be impeached
14. Latin term for 'On the face of it'.
Prima facie
Positive Law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Contributory Negligence
15. 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?
Private law
Breach of contract
Summary conviction - indictable - and hybrid
Contributory negligence
16. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Power of Attorney
Contributory Negligence
Amortization
Intentional torts
17. Governor general and lieutenant governors
Equity financing - debt financing - sale of assets
Royal prerogatives
Municipal government
4 items that should be included in the job description
18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Easement
Intentional - Unintentional
Absolute liability
Democratic rights to vote or run for election
19. Once a contract is written - it cannot be changed without consent of both parties.
4 items that should be included in the job description
The parol evidence rule
Agent
Proximate cause of the injury
20. An agreement by an offeror to leave an offer open for a specified period of time.
Summary conviction - Indictable - Hybrid
Option
Natural Law
Repudiation - sabotage - failure to perform
21. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Repudiation - Sabotage - Failure to perform
Summary conviction - Indictable - Hybrid
Contributory negligence
22. Stages of a civil action
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Non delegable duty
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
23. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Floating charge
Mens rea
Sunset Clause
Uttering
24. 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
Passing off
Positive Law
Sole proprietorship - partnership - and corporations
25. What are the 5 tiers of the corporate structure.
To 'perfect' a lien
Shareholders - board of directors - statutory officers - employees - and creditors
Exemplary damages
Negligence Per se
26. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Exceptions to the privity of contract rule
Intentional - Unintentional
E. Coli
27. Notices of statutory provisions limiting liability be posted where?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
6 primary purposes of tort law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Nepotism
28. Latin for guilty act and guilty mind
Express deposit
Repudiation - sabotage - failure to perform
Restrictive covenant
Actus reus and Mens rea
29. A right to use another's land for a specific purpose.
General - Punitive - Exemplary
Gratuitous bailment
Easement
Absolute liability
30. What are the two types of property?
The items that should be included in a job description
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Price fixing
Personal and real
31. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Noncompetition/nonsolicitation clauses
Factoring
Actus reus
32. An advertisement is an example of this... lets people know that you are ready to accept offers
Breach of contract
Power of attorney
Invitation to treat
Exceptions to the privity of contract rule
33. 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 thing speaks for itself'
Thin Skull Rule
Restrictive covenant
Bona fide occupational requirement
34. List remedies one would expect when a contract is breached
Infra hospitium
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Repudiation - sabotage - failure to perform
35. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Trade mark
Discoveries Stage
51% or 52%
Pleadings - discoveries - pretrial and or mediation - trial - appeals
36. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Vicarious liability
Infra hospitium
To 'perfect' a lien
37. Who owns mislaid property?
The 4 principles of Equal Pay legislation
420 to 700 hours depending on the regional unemployment rate
Royal prerogatives
The owner
38. Alcohol misuse under the Liquor License Act
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
Noncompetition/nonsolicitation clauses
$413 or 55% of the claimant's average insured earnings (whichever is less)
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
39. Innocent - negligent and fraudulent
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
The kinds of misrepresentation
Easement
Prima facie
40. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
41. 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
Trade mark
The 4 principles of Equal Pay legislation
Repudiation - Sabotage - Failure to perform
Easement
42. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Sole proprietorship - partnership - and corporations
Actus reus and Mens rea
Damages that are imposed to punish and to make an example of the offending party
43. List 5/6 items employers can expect from their employees
1) in the office - 2) every guestroom - and 3) public rooms (area).
Land - buildings - fixtures
Infra hospitium
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
44. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Defenses to intentional Torts
4 items that should be included in the job description
Negligent Misrepresentation
Arraignment
45. Legislators - judges - jurors - lawyers - clients and police
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Democratic rights to vote or run for election
Players in the legal system
John Humphrey
46. It is not my deed
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Lie flat to distribute the force of the impact
Intentional - Unintentional
Non est factum
47. What are the 3 types of bailment?
Positive Law
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Trade mark
Infra hospitium
48. 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
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.
4 items that should be included in the job description
Absolute liability
Negligent Misrepresentation
49. 2 classes of servants.
Independent contractors - employees
Disclaimer
John Humphrey
Infra hospitium
50. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Unilateral Contract
Exemplary damages
Vicarious liability
Uttering