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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. Law based on moral - religious or philosophical grounds
Independent contractors - employees
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Natural Law
2. 'Reasonable worth of the good'
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Defenses to intentional Torts
Quantum meruit
Negligent Misrepresentation
3. List remedies one would expect when a contract is breached
Shareholders - board of directors - statutory officers - employees - and creditors
Acts of God - acts of a public enemy - guests' own negligence
Restrictive covenant
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
4. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Amortization
Power of Attorney
Non est factum
Prima facie
5. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
98%
Gratuitous bailment
Quantum meruit
6. A restriction placed on some aspect of land use.
Sole proprietorship - partnership - and corporations
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Democratic rights to vote or run for election
Restrictive covenant
7. Allows a legislation to override the Charter
Summary conviction - indictable - and hybrid
Section 33 of the Charter
Contributory Negligence
Injurious Falsehood
8. What does real property include?
Repudiation - sabotage - failure to perform
Land - buildings - fixtures
By Performance - By Agreement - By Frustration - By Operation of law
Defamation
9. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Food and Drugs Act
Landlord-tenant
Parol Evidence Rule
10. 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
Unilateral Contract
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Stare decisis
Good Samaritan Legislation
11. What must be established to substantiate a claim for bailment?
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
1) in the office - 2) every guestroom - and 3) public rooms (area).
The owner
The 4 principles of Equal Pay legislation
12. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Habeas corpus
Absolute liability
John Humphrey
Four purpose of sentencing
13. Guilty mind.
Passing off
Mens rea
Non est factum
Instances under which an offer lapses
14. What are the five stages of a civil action?
Creed
Price fixing
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Pleadings - discoveries - pretrial and or mediation - trial - appeals
15. Governor general and lieutenant governors
Consideration
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.
Sunset Clause
Royal prerogatives
16. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Repudiation - sabotage - failure to perform
Uttering
The owner
17. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Sole proprietorship - partnership - and corporations
Exceptions to the privity of contract rule
John Humphrey
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
18. 'To have the body'
Actus reus
The items that should be included in a job description
Habeas corpus
Criminal - Family - Youth - Small claims court
19. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Damages that are imposed to punish and to make an example of the offending party
Summary conviction (minor) - indictable (serious) - hybrid
Food and Drugs Act
20. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Option
Discoveries Stage
Consideration
Non delegable duty
21. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Acts of God - acts of a public enemy - guests' own negligence
Proximate cause of the injury
Substantive Law
Duty to mitigate
22. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Group termination
Actus reus and Mens rea
Pleadings - discoveries - pretrial and or mediation - trial - appeals
23. 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
John Humphrey
Summary conviction - Indictable - Hybrid
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
24. In a criminal procedure list the 3 types of offenses
Quantum meruit
Summary conviction (minor) - indictable (serious) - hybrid
Exemplary damages
Pleadings - discoveries - pretrial and or mediation - trial - appeals
25. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Negligence Per se
Amortization
Criminal - Family - Youth - Small claims court
26. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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27. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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28. 3 types of offenses in a criminal procedure
Equity financing - debt financing - sale of assets
Repudiation - sabotage - failure to perform
Summary conviction - Indictable - Hybrid
Factoring
29. 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
Power of attorney
Salmonella
Good Samaritan Legislation
30. Selling accounts receivable at a discount.
Summary conviction (minor) - indictable (serious) - hybrid
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Factoring
General damages
31. 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.
Theft of services
Injurious Falsehood
Section 33 of the Charter
Invitation to treat
32. Three types of offences
420 to 700 hours depending on the regional unemployment rate
Passing off
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Summary conviction - indictable - and hybrid
33. Amount added on to a usual charge for a specific product - purpose - or service.
Option
Vicarious Liability
Surcharge
Uttering
34. Promises made without consideration
Non est factum
Independent contractors - employees
Gratuitous Promise
Food and Drugs Act
35. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Passing off
Theft of services
Express deposit
Types of contracts which must be in writing
36. What are three ways a contract is breached
$413 or 55% of the claimant's average insured earnings (whichever is less)
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.
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform
37. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
The owner
Habeas corpus
Salmonella
Exceptions to the privity of contract rule
38. List 5/6 items employers can expect from their employees
Mens rea
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
1) in the office - 2) every guestroom - and 3) public rooms (area).
39. 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.
Actus reus and Mens rea
Sole proprietorship - partnership - and corporations
Actus reus
Equitable estoppel
40. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Shareholders - board of directors - statutory officers - employees - and creditors
Sole proprietorship - partnership - and corporations
Intentional torts
Prima facie
41. The price a party pays for the promise.
Quantum meruit
Lie flat to distribute the force of the impact
Consideration
General damages
42. What are the 3 ways employment can be terminated?
The items that should be included in a job description
Negligence
Gratuitous bailment
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
43. A plaintiff is partly or solely the cause of his or her own injury
Sole proprietorship - partnership - and corporations
Contributory negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Consideration
44. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Floating charge
Positive law
Passing off
Boarding house - a rooming house - homes for seniors - and time-share arrangements
45. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Theft of services
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Sunset Clause
46. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
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
'The thing speaks for itself'
Non est factum
47. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Actus reus
Slander and Libel
Summary conviction - Indictable - Hybrid
48. This person acts on behalf of the principal
Lie flat to distribute the force of the impact
Agent
The items that should be included in a job description
Reiver
49. The publication of a false statement about someone either verbally or in writing which damages their reputation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Defamation
Quantum meruit
Non est factum
50. Alcohol misuse under the Liquor License Act
Actus reus and Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Duty to mitigate
Passing off