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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 restriction placed on some aspect of land use.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Democratic rights to vote or run for election
Natural Law
Restrictive covenant
2. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
E. Coli
The parol evidence rule
3. What are the 3 types of bailment?
Summary conviction - indictable - and hybrid
Res ipsa loquitar
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
420 to 700 hours depending on the regional unemployment rate
4. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Positive Law
Constitution
Fiduciary Duty
Royal prerogatives
5. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Negligence Per se
Intentional - Unintentional
Factoring
6. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - Indictable - Hybrid
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
7. Law is whatever judges say it is...
Vicarious liability
Good Samaritan Legislation
General damages
Legal realism
8. Legal responsibility for the negligence of another person
Vicarious liability
Instances under which an offer lapses
Factoring
The 2 classes of servants
9. Author of the Universal Declaration of Human Rights
Bona fide occupational requirement
The owner
Notary
John Humphrey
10. Balance of probability needed to win a civil case
Four purpose of sentencing
Unilateral Contract
Natural Law
51% or 52%
11. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Summary conviction (minor) - indictable (serious) - hybrid
51% or 52%
Contributory negligence
12. A duty that cannot be given to someone else
Non delegable duty
Municipal government
Negligence Per se
Theft of services
13. You shall have the body
Duty to mitigate
E. Coli
Exceptions to the privity of contract rule
Habeas corpus
14. Author of the Universal Declaration of Human Rights in 1948?
Consideration
John Humphrey
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
15. Bailment for the sole benefit of the bailor.
Option
Gratuitous bailment
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Common - mutual and unilateral.
16. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
51% or 52%
Sunset Clause
Intentional - Unintentional
Neighbour principle
17. What must be established to substantiate a claim for bailment?
Bona fide occupational requirement
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
Unconscionable transactions
Neighbour principle
18. 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
Vicarious liability
Stare decisis
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Power of attorney
19. 'It stands decided'
The owner
Innocent - negligent - fraudulent
Stare decisis
Habeas corpus
20. The amount he merits
Arraignment
Nepotism
Quantum merits
Legal realism
21. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Types of contracts which must be in writing
Actus reus and Mens rea
The parol evidence rule
Discoveries Stage
22. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Group termination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equitable estoppel
Reiver
23. Promises made without consideration
Price fixing
Personal and real
Discoveries Stage
Gratuitous Promise
24. 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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Summary conviction - indictable - and hybrid
Parol Evidence Rule
25. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Passing off
Contributory negligence
Defamation
26. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Contributory negligence
Option
Four purpose of sentencing
Vicarious liability
27. Law created by a person or body with authority to enact and enforce it
Option
98%
Positive Law
Passing off
28. How contracts can be discharged
The 2 classes of servants
By Performance - By Agreement - By Frustration - By Operation of law
98%
Slander and Libel
29. Innocent - negligent and fraudulent
Negligence
Criminal - Family - Youth - Small claims court
The kinds of misrepresentation
Injurious Falsehood
30. This person acts on behalf of the principal
Food and Drugs Act
Agent
420 to 700 hours depending on the regional unemployment rate
General - Punitive - Exemplary
31. Food Poisoning from chicken
Salmonella
Floating charge
Option
Disclaimer
32. Favoritism granted to relatives or friends regardless of merit
John Humphrey
Infra hospitium
Nepotism
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
33. 2 classes of servants.
Independent contractors - employees
Defenses to intentional Torts
Equitable estoppel
Consideration
34. Surviving a falling elevator
Passing off
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability
Lie flat to distribute the force of the impact
35. Res ipsa loquitur
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36. 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
Ultra vires
The items that should be included in a job description
Equitable estoppel
Negligent Misrepresentation
37. Under contract law - list the three types of mistake the law recognizes.
Amortization
Common - mutual and unilateral.
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
38. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Unconscionable transactions
Group termination
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
39. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Merit
Breach of contract
Non est factum
Intentional torts
40. Two types of negligence
Quantum merits
Contributory Negligence
Passing off
Intentional - Unintentional
41. A person who becomes ill but did not pay for the meal can sue the establishment
Section 33 of the Charter
Neighbour principle
Good Samaritan Legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
42. 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.
John Humphrey
Notary
Vicarious liability
Theft of services
43. List remedies one would expect when a contract is breached
Democratic rights to vote or run for election
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious liability
Restrictive covenant
44. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
1) in the office - 2) every guestroom - and 3) public rooms (area).
6 primary purposes of tort law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
45. Beyond a reasonable doubt is what probability
Land - buildings - fixtures
98%
Actus reus and Mens rea
Amortization
46. List the 4 conditions of adverse possession. (squatter's rights)
Amortization
Open and notorious - unchallenged - exclusive - continuous
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.
98%
47. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Nepotism
Summary conviction - Indictable - Hybrid
Actus reus
48. What are the 5 tiers of the corporate structure.
Contributory negligence
Gratuitous Promise
Shareholders - board of directors - statutory officers - employees - and creditors
Constitution
49. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Invitation to treat
6 primary purposes of tort law
Unconscionable transactions
50. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Floating charge
Types of contracts which must be in writing
The items that should be included in a job description
Summary conviction - indictable - and hybrid