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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. 2 classes of servants.
Non est factum
Independent contractors - employees
Noncompetition/nonsolicitation clauses
Gratuitous bailment
2. Selling accounts receivable at a discount.
Repudiation - sabotage - failure to perform
Infra hospitium
Factoring
Surcharge
3. 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.
Gratuitous Promise
Good Samaritan Legislation
Substantive Law
Noncompetition/nonsolicitation clauses
4. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Uttering
Prima facie
Mens rea
5. What are the three exceptions to the common law absolute liability rule.
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6. Law created by a person or body with authority to enact and enforce it
To 'perfect' a lien
Sole proprietorship - partnership - and corporations
Positive Law
Specific deterrence - general deterrence - rehabilitation - protection of the public
7. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Res ipsa loquitar
Negligence Per se
Surcharge
The 4 principles of Equal Pay legislation
8. Favoritism granted to relatives or friends regardless of merit
Nepotism
$413 or 55% of the claimant's average insured earnings (whichever is less)
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Quantum meruit
9. When 50 or more employees are laid off within 2 months.
Invitation to treat
Constitution
Theft of services
Group termination
10. The price a party pays for the promise.
Innocent - negligent - fraudulent
Consideration
Merit
Contributory Negligence
11. The exchange of benefits; the price a party pays for the promise
Breach of contract
Consideration
Trademark infringement
Stare decisis
12. Most difficult element of negligence to prove
Option
Absolute liability
Quantum merits
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
13. Notices of statutory provisions limiting liability be posted where?
The 4 principles of Equal Pay legislation
Easement
Specific deterrence - general deterrence - rehabilitation - protection of the public
1) in the office - 2) every guestroom - and 3) public rooms (area).
14. A person who becomes ill but did not pay for the meal can sue the establishment
51% or 52%
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.
Reiver
Neighbour principle
15. 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.
The 2 classes of servants
Non est factum
Thin Skull Rule
Theft of services
16. Division of Lower Provincial Courts
Democratic rights to vote or run for election
Contributory negligence
Equitable estoppal
Criminal - Family - Youth - Small claims court
17. Minimum amount of hours needed to be eligible for EI benefits.
Legal realism
Passing off
420 to 700 hours depending on the regional unemployment rate
Power of attorney
18. Once a contract is written - it cannot be changed without the consent of both parties
Price fixing
The kinds of misrepresentation
Parol Evidence Rule
Ultra vires
19. Bailment for the sole benefit of the bailor.
Trademark infringement
Gratuitous bailment
Passing off
Absolute liability
20. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasons a contract may be impeached
Fiduciary Duty
Proximate cause of the injury
21. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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22. 5 reasons for evicting a guest.
Non delegable duty
Passing off
Non est factum
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.
23. What are the two types of property?
Exceptions to the privity of contract rule
Personal and real
Non delegable duty
Summary conviction - Indictable - Hybrid
24. Balance of probability needed to win a civil case
Independent contractors - employees
General damages
51% or 52%
Power of Attorney
25. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
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
Easement
The items that should be included in a job description
26. Two kinds of negligence
Intentional - Unintentional
Equitable estoppal
Natural Law
The 2 classes of servants
27. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Good Samaritan Legislation
Exemplary damages
Option
Sunset Clause
28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Substantive Law
Negligent Misrepresentation
Constitution
29. Types of Damages
Land - buildings - fixtures
General - Punitive - Exemplary
Unilateral Contract
Unconscionable transactions
30. 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.
4 items that should be included in the job description
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Equitable estoppel
Exceptions to the privity of contract rule
31. 'Reasonable worth of the good'
Contributory Negligence
Summary conviction (minor) - indictable (serious) - hybrid
Quantum meruit
Absolute liability
32. Damages imposed to make an example of the wrongdoer
Power of Attorney
Exemplary damages
51% or 52%
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
33. The most difficult element of negligence to prove
Reasons a contract may be impeached
Proximate cause of the injury
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.
Option
34. A right to use another's land for a specific purpose.
Notary
Easement
Criminal - Family - Youth - Small claims court
Negligent Misrepresentation
35. What are three ways a contract is breached?
Uttering
Repudiation - sabotage - failure to perform
Easement
Repudiation - Sabotage - Failure to perform
36. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Consideration
Intentional torts
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
John Humphrey
37. Once a contract is written - it cannot be changed without consent of both parties.
Summary conviction - Indictable - Hybrid
Defamation
The parol evidence rule
Nepotism
38. Governor general and lieutenant governors
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Royal prerogatives
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Amortization
39. Surviving a falling elevator
Negligence Per se
Vicarious liability
Quantum merits
Lie flat to distribute the force of the impact
40. Legislators - judges - jurors - lawyers - clients and police
Royal prerogatives
Actus reus
Gratuitous Promise
Players in the legal system
41. Latin term for within or on the premises of the inn (extension of the inn).
Actus reus
Land - buildings - fixtures
Infra hospitium
Salmonella
42. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
To 'perfect' a lien
The items that should be included in a job description
Injurious Falsehood
43. Someone who certifies documents - but does not draft documents
Notary
Royal prerogatives
Mens rea
Absolute liability
44. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Summary conviction - indictable - and hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Non delegable duty
45. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Damages that are imposed to punish and to make an example of the offending party
Duty to mitigate
Res ipsa loquitar
Democratic rights to vote or run for election
46. The amount he merits
Criminal - Family - Youth - Small claims court
Repudiation - Sabotage - Failure to perform
Quantum merits
Food and Drugs Act
47. Food poisoning from hamburger
Non delegable duty
Instances under which an offer lapses
E. Coli
Consideration
48. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Reiver
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Damages that are imposed to punish and to make an example of the offending party
49. 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.
Factoring
Consideration
51% or 52%
Thin Skull Rule
50. What does real property include?
Defenses to intentional Torts
Habeas corpus
Land - buildings - fixtures
Exceptions to the privity of contract rule