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Test your basic knowledge |
Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Amount added on to a usual charge for a specific product - purpose - or service.
Legal realism
Surcharge
Unilateral Contract
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
2. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
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.
Theft of services
Actus reus
Duty to mitigate
3. First stage in a criminal court procedure
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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
Proximate cause of the injury
Arraignment
4. Damages are awarded to compensate the injured party
Res ipsa loquitar
The kinds of misrepresentation
Power of attorney
General damages
5. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Defenses to intentional Torts
Uttering
Boarding house - a rooming house - homes for seniors - and time-share arrangements
6. Law based on moral - religious or philosophical grounds
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Natural Law
Power of Attorney
7. 3 types of business structures.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Sole proprietorship - partnership - and corporations
Reasonable Person Test
51% or 52%
8. Food poisoning from hamburger
The kinds of misrepresentation
E. Coli
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equitable estoppel
9. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Uttering
Good Samaritan Legislation
Summary conviction - indictable - and hybrid
10. Author of the Universal Declaration of Human Rights
Summary conviction - Indictable - Hybrid
51% or 52%
Innocent - negligent - fraudulent
John Humphrey
11. Two types of negligence
Intentional - Unintentional
Gratuitous Promise
Four purpose of sentencing
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.
12. The amount he merits
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.
Slander and Libel
Quantum merits
Thin Skull Rule
13. How contracts can be discharged
420 to 700 hours depending on the regional unemployment rate
Types of contracts which must be in writing
By Performance - By Agreement - By Frustration - By Operation of law
Unconscionable transactions
14. 'It stands decided'
Private law
Stare decisis
Non est factum
Trade mark
15. Allows a legislation to override the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Legal realism
Slander and Libel
Section 33 of the Charter
16. What are the three kinds of misrepresentation?
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
Innocent - negligent - fraudulent
The items that should be included in a job description
Uttering
17. The level of government in charge of bylaws
Municipal government
E. Coli
Land - buildings - fixtures
Prima facie
18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Injurious Falsehood
Absolute liability
Uttering
Legal realism
19. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Slander and Libel
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Disclaimer
Sunset Clause
20. Three types of offences
Criminal - Family - Youth - Small claims court
Summary conviction - indictable - and hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate
21. Regulation - deterrence - compensation - dispute resolution - education and prevention
Invitation to treat
6 primary purposes of tort law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
The 4 principles of Equal Pay legislation
22. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Negligent Misrepresentation
4 items that should be included in the job description
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Group termination
23. When two or more suppliers conspire to set prices.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Price fixing
Invitation to treat
Fiduciary Duty
24. What would a careful - thoughtful person in the same circumstances have done
Defamation
Reasonable Person Test
Intentional - Unintentional
To 'perfect' a lien
25. Laws duly enacted by a person or body having the authority to enact and enforce them.
The items that should be included in a job description
Good Samaritan Legislation
Positive law
Reiver
26. Discrimination that is actually encouraged in our society
Summary conviction (minor) - indictable (serious) - hybrid
Parol Evidence Rule
Merit
Proximate cause of the injury
27. What are the three exceptions to the common law absolute liability rule.
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28. Independent contractors and employees.
Actus reus
The 2 classes of servants
Democratic rights to vote or run for election
Exceptions to the privity of contract rule
29. Food Poisoning from chicken
Salmonella
Slander and Libel
Thin Skull Rule
Consideration
30. Under contract law - list the three types of mistake the law recognizes.
'The thing speaks for itself'
Common - mutual and unilateral.
Consideration
4 items that should be included in the job description
31. Three types of intangibles
Four purpose of sentencing
Landlord-tenant
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Power of Attorney
32. List remedies one would expect when a contract is breached
Intentional torts
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Equitable estoppel
33. 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
Municipal government
Power of attorney
E. Coli
The 2 classes of servants
34. 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
By Performance - By Agreement - By Frustration - By Operation of law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Group termination
Negligent Misrepresentation
35. Political - religious beliefs - and affiliations
1) in the office - 2) every guestroom - and 3) public rooms (area).
Creed
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Bona fide occupational requirement
36. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Non est factum
6 primary purposes of tort law
Shareholders - board of directors - statutory officers - employees - and creditors
37. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Intentional torts
Negligent Misrepresentation
Negligence Per se
General - Punitive - Exemplary
38. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Landlord-tenant
Quantum merits
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.
Instances under which an offer lapses
39. 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
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.
Contributory negligence
Non delegable duty
40. What are exemplary damages?
Vicarious Liability
Gratuitous bailment
Damages that are imposed to punish and to make an example of the offending party
Neighbour principle
41. 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
Four purpose of sentencing
Good Samaritan Legislation
Actus reus
42. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Intentional - Unintentional
Exceptions to the privity of contract rule
6 primary purposes of tort law
Surcharge
43. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Contributory Negligence
Reasons a contract may be impeached
Criminal - Family - Youth - Small claims court
44. 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.
Infra hospitium
Duty to mitigate
Noncompetition/nonsolicitation clauses
Disclaimer
45. Within the walls of the inn
Infra hospitium
Four purpose of sentencing
Option
Personal and real
46. 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
Vicarious liability
Good Samaritan Legislation
Sole proprietorship - partnership - and corporations
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
47. Latin for guilty act and guilty mind
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Equitable estoppal
Trade mark
Actus reus and Mens rea
48. Balance of probability needed to win a civil case
Passing off
51% or 52%
1) in the office - 2) every guestroom - and 3) public rooms (area).
Arraignment
49. The division of law associated with interpersonal matters
Lie flat to distribute the force of the impact
Open and notorious - unchallenged - exclusive - continuous
Private law
Uttering
50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Proximate cause of the injury
Discoveries Stage
Express deposit
Trademark infringement
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