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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. Types of Damages
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Vicarious Liability
Open and notorious - unchallenged - exclusive - continuous
General - Punitive - Exemplary
2. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Legal realism
Agent
Equitable estoppal
Unconscionable transactions
3. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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4. List 5/6 items employers can expect from their employees
Substantive Law
Slander and Libel
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
5. The plaintiff has been injured upon the result of his own negligence
Non est factum
Fiduciary Duty
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Contributory Negligence
6. 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
Royal prerogatives
Unconscionable transactions
Discoveries Stage
The 4 principles of Equal Pay legislation
7. The amount he merits
4 items that should be included in the job description
Independent contractors - employees
Quantum merits
Food and Drugs Act
8. What are the 3 ways employment can be terminated?
Personal and real
Disclaimer
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
9. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Arraignment
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Quantum merits
10. Regulation - deterrence - compensation - dispute resolution - education and prevention
Contributory Negligence
Notary
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
6 primary purposes of tort law
11. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Price fixing
Duty to mitigate
Infra hospitium
Trademark infringement
12. List the 3 subtle signs of intoxication.
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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Fiduciary Duty
The 4 principles of Equal Pay legislation
13. 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
1) in the office - 2) every guestroom - and 3) public rooms (area).
Land - buildings - fixtures
Quantum merits
Ultra vires
14. What does BFOR stand for?
Res ipsa loquitar
Bona fide occupational requirement
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Actus reus
15. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Passing off
Absolute liability
16. Two kinds of negligence
Intentional - Unintentional
John Humphrey
Creed
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
17. 5 reasons for evicting a guest.
Actus reus and Mens rea
Defenses to intentional Torts
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.
Good Samaritan Legislation
18. 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
Good Samaritan Legislation
Equitable estoppel
The 4 principles of Equal Pay legislation
19. What are exemplary damages?
Group termination
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Agent
Damages that are imposed to punish and to make an example of the offending party
20. 2 classes of servants.
Group termination
Non est factum
Easement
Independent contractors - employees
21. 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
Invitation to treat
Quantum meruit
Negligent Misrepresentation
4 items that should be included in the job description
22. Allows a legislation to override the Charter
Good Samaritan Legislation
The parol evidence rule
Reasons a contract may be impeached
Section 33 of the Charter
23. A symbol - word - name or device used to identify or signify a company or its product.
Sole proprietorship - partnership - and corporations
Negligence
Trade mark
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
24. Stages of a civil action
Trade mark
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Fiduciary Duty
Vicarious liability
25. Two types of negligence
Food and Drugs Act
Intentional - Unintentional
The owner
Personal and real
26. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Proximate cause of the injury
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
4 items that should be included in the job description
Passing off
27. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Reasons a contract may be impeached
Equitable estoppel
Stare decisis
Landlord-tenant
28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Independent contractors - employees
420 to 700 hours depending on the regional unemployment rate
Express deposit
Constitution
29. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Exemplary damages
Instances under which an offer lapses
John Humphrey
John Humphrey
30. Once a contract is written - it cannot be changed without consent of both parties.
Unilateral Contract
Habeas corpus
The parol evidence rule
Proximate cause of the injury
31. Once a contract is written - it cannot be changed without the consent of both parties
Financial disloyalty - falsified qualifications - gross and continuing incompetence
$413 or 55% of the claimant's average insured earnings (whichever is less)
Acts of God - acts of a public enemy - guests' own negligence
Parol Evidence Rule
32. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Passing off
General - Punitive - Exemplary
Option
33. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Food and Drugs Act
Duty to mitigate
420 to 700 hours depending on the regional unemployment rate
Equity financing - debt financing - sale of assets
34. Favoritism granted to relatives or friends regardless of merit
Vicarious liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Nepotism
Creed
35. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Option
Actus reus and Mens rea
Power of Attorney
Negligence Per se
36. An advertisement is an example of this... lets people know that you are ready to accept offers
Intentional torts
Contributory negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Invitation to treat
37. First stage in a criminal court procedure
Power of Attorney
Arraignment
Reiver
John Humphrey
38. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Negligence
Municipal government
39. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Good Samaritan Legislation
Contributory negligence
Floating charge
Vicarious liability
40. Amount added on to a usual charge for a specific product - purpose - or service.
Discoveries Stage
Summary conviction (minor) - indictable (serious) - hybrid
Notary
Surcharge
41. Discrimination that is actually encouraged in our society
Merit
Trademark infringement
Injurious Falsehood
Option
42. What does real property include?
Land - buildings - fixtures
Acts of God - acts of a public enemy - guests' own negligence
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.
Non est factum
43. Someone who certifies documents - but does not draft documents
Infra hospitium
Floating charge
Contributory negligence
Notary
44. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Mens rea
John Humphrey
4 items that should be included in the job description
51% or 52%
45. In a criminal procedure list the 3 types of offenses
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Habeas corpus
Summary conviction (minor) - indictable (serious) - hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
46. A person who becomes ill but did not pay for the meal can sue the establishment
Price fixing
The items that should be included in a job description
Neighbour principle
Vicarious Liability
47. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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48. Balance of probability needed to win a civil case
Power of attorney
Non est factum
51% or 52%
Vicarious Liability
49. How contracts can be discharged
Floating charge
By Performance - By Agreement - By Frustration - By Operation of law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
50. Latin for guilty act and guilty mind
Actus reus and Mens rea
Floating charge
Absolute liability
Municipal government