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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. What are the two types of property?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Personal and real
Quantum meruit
Duty to mitigate
2. Within the walls of the inn
Infra hospitium
Substantive Law
Innocent - negligent - fraudulent
Fiduciary Duty
3. First stage in a criminal court procedure
Contributory Negligence
Infra hospitium
General - Punitive - Exemplary
Arraignment
4. Alcohol misuse under the Liquor License Act
Reiver
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Uttering
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
5. Damages imposed to make an example of the wrongdoer
Exemplary damages
Actus reus and Mens rea
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Thin Skull Rule
6. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Actus reus and Mens rea
Floating charge
Stare decisis
The kinds of misrepresentation
7. Stages of a civil action
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Non est factum
51% or 52%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
8. Who owns mislaid property?
Express deposit
The owner
Negligent Misrepresentation
Equitable estoppel
9. 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
Repudiation - sabotage - failure to perform
Duty to mitigate
Damages that are imposed to punish and to make an example of the offending party
10. 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
Types of contracts which must be in writing
Non delegable duty
Vicarious Liability
Shareholders - board of directors - statutory officers - employees - and creditors
11. What is the maximum weekly EI benefit?
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12. Two kinds of negligence
Duty to mitigate
Intentional - Unintentional
Habeas corpus
Prima facie
13. Governor general and lieutenant governors
'The thing speaks for itself'
Royal prerogatives
E. Coli
Repudiation - sabotage - failure to perform
14. Promises made without consideration
Gratuitous Promise
The kinds of misrepresentation
Injurious Falsehood
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
15. Most difficult element of negligence to prove
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The parol evidence rule
The 2 classes of servants
16. How can an employer escape alcohol misuse liability?
The owner
Discoveries Stage
Unconscionable transactions
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.
17. 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.
Notary
Restrictive covenant
Equitable estoppel
Actus reus and Mens rea
18. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Negligence
Gratuitous bailment
Agent
19. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Instances under which an offer lapses
The 4 principles of Equal Pay legislation
Exceptions to the privity of contract rule
20. Once a contract is written - it cannot be changed without the consent of both parties
Food and Drugs Act
Exceptions to the privity of contract rule
Parol Evidence Rule
Ultra vires
21. Latin term for 'It is not my deed
Parol Evidence Rule
Amortization
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.
Non est factum
22. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Open and notorious - unchallenged - exclusive - continuous
98%
Group termination
23. 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.
Shareholders - board of directors - statutory officers - employees - and creditors
Noncompetition/nonsolicitation clauses
Substantive Law
Ultra vires
24. Three types of intangibles
Summary conviction - Indictable - Hybrid
By Performance - By Agreement - By Frustration - By Operation of law
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
25. Allows a legislation to override the Charter
Section 33 of the Charter
Surcharge
Intentional - Unintentional
Restrictive covenant
26. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Thin Skull Rule
Passing off
Res ipsa loquitar
Pleadings - discoveries - pretrial and or mediation - trial - appeals
27. An agreement by an offeror to leave an offer open for a specified period of time
Good Samaritan Legislation
Reasons a contract may be impeached
Option
Exceptions to the privity of contract rule
28. Minimum amount of hours needed to be eligible for EI benefits.
Non est factum
Negligent Misrepresentation
420 to 700 hours depending on the regional unemployment rate
Theft of services
29. What are three ways a contract is breached?
Independent contractors - employees
The owner
Repudiation - sabotage - failure to perform
Easement
30. What are the three kinds of misrepresentation?
Reiver
Equitable estoppal
Innocent - negligent - fraudulent
Reasons a contract may be impeached
31. Which of the following rights does the Charter guarantee only to citizens of Canada
Infra hospitium
Common - mutual and unilateral.
Democratic rights to vote or run for election
Theft of services
32. A plaintiff is partly or solely the cause of his or her own injury
Specific deterrence - general deterrence - rehabilitation - protection of the public
Absolute liability
Thin Skull Rule
Contributory negligence
33. What would a careful - thoughtful person in the same circumstances have done
Habeas corpus
Reasonable Person Test
Vicarious liability
Reiver
34. Discrimination that is actually encouraged in our society
Merit
Reasonable Person Test
Restrictive covenant
Fiduciary Duty
35. Three types of offences
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - indictable - and hybrid
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Power of attorney
36. What are three ways a contract is breached
Notary
John Humphrey
Repudiation - Sabotage - Failure to perform
Equitable estoppel
37. A plaintiff is partly or solely the cause of his or her own injury.
Criminal - Family - Youth - Small claims court
Mens rea
Contributory negligence
Merit
38. Bailment for the sole benefit of the bailor.
Disclaimer
Private law
Sole proprietorship - partnership - and corporations
Gratuitous bailment
39. A person who becomes ill but did not pay for the meal can sue the establishment
Creed
Neighbour principle
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Common - mutual and unilateral.
40. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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41. Legislators - judges - jurors - lawyers - clients and police
Criminal - Family - Youth - Small claims court
Players in the legal system
Quantum merits
Consideration
42. 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
Negligent Misrepresentation
Equity financing - debt financing - sale of assets
Landlord-tenant
Instances under which an offer lapses
43. Latin term for within or on the premises of the inn (extension of the inn).
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Shareholders - board of directors - statutory officers - employees - and creditors
Mens rea
Infra hospitium
44. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Discoveries Stage
Types of contracts which must be in writing
Repudiation - Sabotage - Failure to perform
Res ipsa loquitar
45. You shall have the body
Quantum merits
'The thing speaks for itself'
Sole proprietorship - partnership - and corporations
Habeas corpus
46. Division of Lower Provincial Courts
Landlord-tenant
Criminal - Family - Youth - Small claims court
Disclaimer
Noncompetition/nonsolicitation clauses
47. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Section 33 of the Charter
Intentional torts
Landlord-tenant
Consideration
48. List the 3 subtle signs of intoxication.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
4 items that should be included in the job description
Power of Attorney
49. How contracts can be discharged
Municipal government
By Performance - By Agreement - By Frustration - By Operation of law
Uttering
Section 33 of the Charter
50. A duty that cannot be given to someone else
Non delegable duty
Thin Skull Rule
The parol evidence rule
Mens rea