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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. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Intentional - Unintentional
Exemplary damages
The kinds of misrepresentation
2. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non est factum
Floating charge
3. The price a party pays for the promise.
Exemplary damages
Consideration
John Humphrey
Express deposit
4. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Unconscionable transactions
Proximate cause of the injury
5. Latin for 'the thing speaks for itself'
Lie flat to distribute the force of the impact
Contributory negligence
Res ipsa loquitar
Unconscionable transactions
6. When 50 or more employees are laid off within 2 months.
Defamation
Repudiation - sabotage - failure to perform
Floating charge
Group termination
7. This person acts on behalf of the principal
Res ipsa loquitar
Agent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Exceptions to the privity of contract rule
8. Bailment for the sole benefit of the bailor.
Gratuitous Promise
Gratuitous bailment
Consideration
The kinds of misrepresentation
9. What are the three kinds of misrepresentation?
Four purpose of sentencing
Innocent - negligent - fraudulent
Consideration
To 'perfect' a lien
10. Guilty act in Latin.
Express deposit
Open and notorious - unchallenged - exclusive - continuous
Non delegable duty
Actus reus
11. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Summary conviction (minor) - indictable (serious) - hybrid
Exemplary damages
Thin Skull Rule
Negligence
12. List the 4 conditions of adverse possession. (squatter's rights)
Consideration
Intentional torts
Open and notorious - unchallenged - exclusive - continuous
Summary conviction - indictable - and hybrid
13. The exchange of benefits; the price a party pays for the promise
John Humphrey
Consideration
John Humphrey
Damages that are imposed to punish and to make an example of the offending party
14. What are the 3 types of bailment?
Shareholders - board of directors - statutory officers - employees - and creditors
Substantive Law
Contributory negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
15. An agreement by an offeror to leave an offer open for a specified period of time
Restrictive covenant
Option
John Humphrey
Landlord-tenant
16. Balance of probability needed to win a civil case
Non est factum
51% or 52%
Merit
Contributory negligence
17. 2 classes of servants.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
6 primary purposes of tort law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Independent contractors - employees
18. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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19. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Trade mark
Absolute liability
Creed
Good Samaritan Legislation
20. Damages imposed to make an example of the wrongdoer
Trade mark
Vicarious Liability
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.
Exemplary damages
21. Once a contract is written - it cannot be changed without the consent of both parties
Lie flat to distribute the force of the impact
Parol Evidence Rule
Injurious Falsehood
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
22. Surviving a falling elevator
Absolute liability
Actus reus and Mens rea
Lie flat to distribute the force of the impact
Agent
23. 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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Types of contracts which must be in writing
Nepotism
Theft of services
24. When the police do not need a warrant to search your residence and/or business?
Negligence Per se
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Exceptions to the privity of contract rule
25. Allows a legislation to override the Charter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Exemplary damages
Restrictive covenant
Section 33 of the Charter
26. Food Poisoning from chicken
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equity financing - debt financing - sale of assets
Independent contractors - employees
Salmonella
27. The plaintiff has been injured upon the result of his own negligence
Negligence Per se
Passing off
51% or 52%
Contributory Negligence
28. Division of Lower Provincial Courts
Sunset Clause
Negligence Per se
Criminal - Family - Youth - Small claims court
Constitution
29. Notices of statutory provisions limiting liability be posted where?
Democratic rights to vote or run for election
1) in the office - 2) every guestroom - and 3) public rooms (area).
Fiduciary Duty
Creed
30. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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31. A promise for an action
Positive law
Habeas corpus
Unilateral Contract
Summary conviction - indictable - and hybrid
32. What are some of the conditions for rightful dismissal?
Injurious Falsehood
Res ipsa loquitar
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equitable estoppel
33. The amount he merits
Quantum merits
Breach of contract
Trademark infringement
Constitution
34. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Landlord-tenant
Creed
Equitable estoppal
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.
35. Circumstances in which the authorities do not need a warrant to search your premises
Exceptions to the privity of contract rule
Negligent Misrepresentation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
36. 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.
Quantum merits
Sunset Clause
Actus reus and Mens rea
Thin Skull Rule
37. Under contract law - list the three types of mistake the law recognizes.
Negligent Misrepresentation
Repudiation - sabotage - failure to perform
Common - mutual and unilateral.
Players in the legal system
38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Discoveries Stage
Passing off
Factoring
Proximate cause of the injury
39. What are exemplary damages?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Damages that are imposed to punish and to make an example of the offending party
The items that should be included in a job description
Open and notorious - unchallenged - exclusive - continuous
40. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Ultra vires
Bona fide occupational requirement
Equitable estoppal
Defenses to intentional Torts
41. The most difficult element of negligence to prove
Reiver
Factoring
Proximate cause of the injury
Personal and real
42. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Group termination
By Performance - By Agreement - By Frustration - By Operation of law
Prima facie
Reasons a contract may be impeached
43. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Intentional torts
Vicarious liability
Substantive Law
44. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Summary conviction - Indictable - Hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Floating charge
Passing off
45. Two kinds of negligence
Repudiation - sabotage - failure to perform
Intentional - Unintentional
Unconscionable transactions
Non est factum
46. 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
Option
Disclaimer
Natural Law
Power of attorney
47. 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
Players in the legal system
Vicarious Liability
Non est factum
Option
48. Selling accounts receivable at a discount.
Prima facie
Factoring
Positive Law
Gratuitous bailment
49. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Invitation to treat
Exemplary damages
50. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Equitable estoppal
Equity financing - debt financing - sale of assets
Food and Drugs Act
Thin Skull Rule