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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. Author of the Universal Declaration of Human Rights in 1948?
Group termination
Acts of God - acts of a public enemy - guests' own negligence
John Humphrey
The parol evidence rule
2. Someone who certifies documents - but does not draft documents
Merit
Open and notorious - unchallenged - exclusive - continuous
Neighbour principle
Notary
3. Most difficult element of negligence to prove
The owner
Agent
The kinds of misrepresentation
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
4. Independent contractors and employees.
The 2 classes of servants
Power of attorney
Intentional torts
Common - mutual and unilateral.
5. Once a contract is written - it cannot be changed without consent of both parties.
The 2 classes of servants
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Equitable estoppel
The parol evidence rule
6. Which of the following rights does the Charter guarantee only to citizens of Canada
The 2 classes of servants
Power of Attorney
Democratic rights to vote or run for election
Summary conviction (minor) - indictable (serious) - hybrid
7. A promise for an action
Unilateral Contract
Injurious Falsehood
Positive law
General damages
8. Accommodations that are not considered 'inns'.
Slander and Libel
Unilateral Contract
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements
9. The exchange of benefits; the price a party pays for the promise
Intentional - Unintentional
Quantum meruit
Non delegable duty
Consideration
10. A plaintiff is partly or solely the cause of his or her own injury
Price fixing
Contributory negligence
Common - mutual and unilateral.
Injurious Falsehood
11. 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
Equitable estoppel
Ultra vires
Lie flat to distribute the force of the impact
Boarding house - a rooming house - homes for seniors - and time-share arrangements
12. 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
Option
Good Samaritan Legislation
John Humphrey
Non est factum
13. 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
Invitation to treat
Equitable estoppal
4 items that should be included in the job description
14. When the public is misled into believing that one company's goods or services are those a similar brand or product
The 4 principles of Equal Pay legislation
General damages
Passing off
General - Punitive - Exemplary
15. Allows a legislation to override the Charter
Res ipsa loquitar
Habeas corpus
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
16. Favoritism granted to relatives or friends regardless of merit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Bona fide occupational requirement
Nepotism
Trademark infringement
17. 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
Thin Skull Rule
Contributory negligence
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
Vicarious Liability
18. Under contract law - list the three types of mistake the law recognizes.
Absolute liability
Arraignment
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Common - mutual and unilateral.
19. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Reiver
Intentional torts
Equitable estoppal
Contributory negligence
20. Another word for 'reafian'?
Absolute liability
Exceptions to the privity of contract rule
Reiver
Bona fide occupational requirement
21. Beyond a reasonable doubt is what probability
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
4 items that should be included in the job description
Four purpose of sentencing
98%
22. What does real property include?
Reasons a contract may be impeached
Absolute liability
Land - buildings - fixtures
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
23. Law created by a person or body with authority to enact and enforce it
Positive Law
Breach of contract
Passing off
Summary conviction - Indictable - Hybrid
24. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Criminal - Family - Youth - Small claims court
The items that should be included in a job description
Neighbour principle
Landlord-tenant
25. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Unconscionable transactions
To 'perfect' a lien
Summary conviction - indictable - and hybrid
26. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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27. 5 possible consequences if you default on your mortgage?
Factoring
Discoveries Stage
Repudiation - Sabotage - Failure to perform
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
28. The publication of a false statement about someone either verbally or in writing which damages their reputation
Positive Law
Defamation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Stare decisis
29. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
4 items that should be included in the job description
Slander and Libel
Types of contracts which must be in writing
Notary
30. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Express deposit
Uttering
Consideration
Non est factum
31. When 50 or more employees are laid off within 2 months.
Repudiation - Sabotage - Failure to perform
Group termination
Contributory negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
32. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Substantive Law
Easement
33. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
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
Reiver
Injurious Falsehood
Duty to mitigate
34. Use of another company's business name or logo without permission.
Factoring
To 'perfect' a lien
Trademark infringement
Specific deterrence - general deterrence - rehabilitation - protection of the public
35. Defaming a business - a product or a property rather than a person.
Section 33 of the Charter
Slander and Libel
Injurious Falsehood
Ultra vires
36. What are the five stages of a civil action?
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Infra hospitium
Invitation to treat
37. Division of law that defines rights and remedies
Habeas corpus
Substantive Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Injurious Falsehood
38. Three types of offences
Acts of God - acts of a public enemy - guests' own negligence
Summary conviction - indictable - and hybrid
Parol Evidence Rule
Criminal - Family - Youth - Small claims court
39. 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
Acts of God - acts of a public enemy - guests' own negligence
The parol evidence rule
Power of attorney
Absolute liability
40. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Habeas corpus
Option
Specific deterrence - general deterrence - rehabilitation - protection of the public
41. Types of Damages
General - Punitive - Exemplary
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.
Good Samaritan Legislation
Thin Skull Rule
42. The division of law associated with interpersonal matters
Intentional - Unintentional
To 'perfect' a lien
Private law
Royal prerogatives
43. Two kinds of negligence
Infra hospitium
Uttering
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence
44. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Duty to mitigate
4 items that should be included in the job description
Habeas corpus
45. List 3 ways to finance a new or existing business.
Passing off
Quantum meruit
Equity financing - debt financing - sale of assets
Neighbour principle
46. Latin term for 'It is not my deed
Non est factum
Neighbour principle
Discoveries Stage
Trade mark
47. A plaintiff is partly or solely the cause of his or her own injury.
Positive Law
Habeas corpus
Passing off
Contributory negligence
48. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Disclaimer
Instances under which an offer lapses
49. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
John Humphrey
Exceptions to the privity of contract rule
Merit
Mens rea
50. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Food and Drugs Act
Negligence Per se
Good Samaritan Legislation