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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 declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Intentional torts
Disclaimer
$413 or 55% of the claimant's average insured earnings (whichever is less)
2. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Sunset Clause
Four purpose of sentencing
Quantum meruit
3. Spoken and written defamation
Slander and Libel
Intentional - Unintentional
Disclaimer
Arraignment
4. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Amortization
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Gratuitous Promise
5. Minimum amount of hours needed to be eligible for EI benefits.
Arraignment
4 items that should be included in the job description
420 to 700 hours depending on the regional unemployment rate
Price fixing
6. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
John Humphrey
Independent contractors - employees
51% or 52%
7. 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?
Breach of contract
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equity financing - debt financing - sale of assets
Trade mark
8. Someone who certifies documents - but does not draft documents
Criminal - Family - Youth - Small claims court
Power of Attorney
Unconscionable transactions
Notary
9. Beyond a reasonable doubt is what probability
98%
Quantum meruit
Equity financing - debt financing - sale of assets
Repudiation - sabotage - failure to perform
10. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Fiduciary Duty
Actus reus
Reasons a contract may be impeached
Slander and Libel
11. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Fiduciary Duty
Summary conviction - Indictable - Hybrid
Discoveries Stage
12. Author of the Universal Declaration of Human Rights in 1948?
Disclaimer
Repudiation - sabotage - failure to perform
John Humphrey
Price fixing
13. Law is whatever judges say it is...
Power of attorney
Landlord-tenant
Floating charge
Legal realism
14. Who owns mislaid property?
Bona fide occupational requirement
The owner
Consideration
Infra hospitium
15. Another word for 'reafian'?
Reiver
General - Punitive - Exemplary
Vicarious liability
Innocent - negligent - fraudulent
16. 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.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligent Misrepresentation
Equitable estoppel
Neighbour principle
17. 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
Intentional torts
The 4 principles of Equal Pay legislation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasonable Person Test
18. 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.
98%
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.
Noncompetition/nonsolicitation clauses
Negligent Misrepresentation
19. Regulation - deterrence - compensation - dispute resolution - education and prevention
Equitable estoppel
6 primary purposes of tort law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Equitable estoppal
20. What are the two types of property?
Factoring
Personal and real
Sunset Clause
The parol evidence rule
21. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Option
Disclaimer
Passing off
The kinds of misrepresentation
22. The level of government in charge of bylaws
Slander and Libel
Municipal government
$413 or 55% of the claimant's average insured earnings (whichever is less)
Specific deterrence - general deterrence - rehabilitation - protection of the public
23. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
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.
The items that should be included in a job description
Absolute liability
Uttering
24. 5 possible consequences if you default on your mortgage?
Criminal - Family - Youth - Small claims court
Parol Evidence Rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Breach of contract
25. What are the three kinds of misrepresentation?
98%
Innocent - negligent - fraudulent
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppal
26. Division of law that defines rights and remedies
Actus reus and Mens rea
Substantive Law
Exemplary damages
Summary conviction (minor) - indictable (serious) - hybrid
27. Latin for 'the thing speaks for itself'
Notary
By Performance - By Agreement - By Frustration - By Operation of law
Res ipsa loquitar
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
28. Balance of probability needed to win a civil case
Contributory Negligence
Thin Skull Rule
Habeas corpus
51% or 52%
29. Defaming a business - a product or a property rather than a person.
Option
Injurious Falsehood
Contributory Negligence
Equity financing - debt financing - sale of assets
30. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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31. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
The 2 classes of servants
Theft of services
Royal prerogatives
32. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Open and notorious - unchallenged - exclusive - continuous
Notary
Reiver
Four purpose of sentencing
33. 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.
Consideration
Natural Law
John Humphrey
Theft of services
34. 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
To 'perfect' a lien
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
35. An agreement by an offeror to leave an offer open for a specified period of time
Sunset Clause
Habeas corpus
Option
Nepotism
36. The plaintiff has been injured upon the result of his own negligence
Group termination
Arraignment
Players in the legal system
Contributory Negligence
37. 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.
Equity financing - debt financing - sale of assets
Thin Skull Rule
Discoveries Stage
Exceptions to the privity of contract rule
38. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Defamation
Absolute liability
Landlord-tenant
39. Alcohol misuse under the Liquor License Act
Nepotism
Invitation to treat
Restrictive covenant
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
40. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Non est factum
Power of attorney
Royal prerogatives
Instances under which an offer lapses
41. Favoritism granted to relatives or friends regardless of merit
Intentional - Unintentional
Non est factum
Nepotism
Arraignment
42. Independent contractors and employees.
Consideration
Discoveries Stage
The 2 classes of servants
Criminal - Family - Youth - Small claims court
43. Governor general and lieutenant governors
Option
Types of contracts which must be in writing
Royal prerogatives
Duty to mitigate
44. The most difficult element of negligence to prove
Express deposit
Landlord-tenant
Proximate cause of the injury
Prima facie
45. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
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
Summary conviction - indictable - and hybrid
Positive law
46. Legislators - judges - jurors - lawyers - clients and police
John Humphrey
Players in the legal system
Independent contractors - employees
Section 33 of the Charter
47. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The 4 principles of Equal Pay legislation
Gratuitous bailment
Thin Skull Rule
48. First stage in a criminal court procedure
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Non delegable duty
Arraignment
John Humphrey
49. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Damages that are imposed to punish and to make an example of the offending party
Slander and Libel
Common - mutual and unilateral.
50. Res ipsa loquitur
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