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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. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
General - Punitive - Exemplary
Food and Drugs Act
Types of contracts which must be in writing
Trademark infringement
2. Legal responsibility for the negligence of another person
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Section 33 of the Charter
Absolute liability
3. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Amortization
Theft of services
98%
4. Author of the 1948 Universal Declaration of Human Rights
Substantive Law
The items that should be included in a job description
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence
5. 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
Theft of services
Exceptions to the privity of contract rule
Thin Skull Rule
The 4 principles of Equal Pay legislation
6. 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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligent Misrepresentation
The kinds of misrepresentation
Power of attorney
7. Discrimination that is actually encouraged in our society
Thin Skull Rule
Democratic rights to vote or run for election
Merit
Fiduciary Duty
8. Food Poisoning from chicken
Equitable estoppel
Salmonella
Trade mark
Noncompetition/nonsolicitation clauses
9. What are three ways a contract is breached
Equity financing - debt financing - sale of assets
Repudiation - Sabotage - Failure to perform
Exemplary damages
Nepotism
10. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non est factum
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
11. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Passing off
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unconscionable transactions
Parol Evidence Rule
12. What are the 3 types of bailment?
Landlord-tenant
Surcharge
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Democratic rights to vote or run for election
13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Specific deterrence - general deterrence - rehabilitation - protection of the public
Exceptions to the privity of contract rule
Power of Attorney
14. What are the five stages of a civil action?
Substantive Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
To 'perfect' a lien
Exemplary damages
15. Three types of intangibles
General damages
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Vicarious liability
Equitable estoppel
16. Accommodations that are not considered 'inns'.
Passing off
Reasons a contract may be impeached
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non delegable duty
17. Most difficult element of negligence to prove
4 items that should be included in the job description
Injurious Falsehood
Stare decisis
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
18. The division of law associated with interpersonal matters
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligent Misrepresentation
Private law
Non est factum
19. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Instances under which an offer lapses
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
20. Innocent - negligent and fraudulent
Trade mark
Power of attorney
Equity financing - debt financing - sale of assets
The kinds of misrepresentation
21. When the public is misled into believing that one company's goods or services are those a similar brand or product.
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.
Democratic rights to vote or run for election
Slander and Libel
Passing off
22. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Trade mark
Intentional - Unintentional
The items that should be included in a job description
Natural Law
23. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Fiduciary Duty
Non est factum
Bona fide occupational requirement
24. Which of the following rights does the Charter guarantee only to citizens of Canada
4 items that should be included in the job description
Consideration
Democratic rights to vote or run for election
Reasonable Person Test
25. Once a contract is written - it cannot be changed without the consent of both parties
Land - buildings - fixtures
Parol Evidence Rule
Agent
Nepotism
26. what are the four purposes of sentencing?
Landlord-tenant
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of attorney
Innocent - negligent - fraudulent
27. Conditions for rightful dismissal.
Players in the legal system
Personal and real
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Absolute liability
28. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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29. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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30. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Reasons a contract may be impeached
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Equitable estoppal
Bona fide occupational requirement
31. Defaming a business - a product or a property rather than a person.
Natural Law
Arraignment
Defamation
Injurious Falsehood
32. What are three ways a contract is breached?
Bona fide occupational requirement
Section 33 of the Charter
Reasonable Person Test
Repudiation - sabotage - failure to perform
33. 3 types of business structures.
Factoring
Sole proprietorship - partnership - and corporations
Open and notorious - unchallenged - exclusive - continuous
Habeas corpus
34. An advertisement is an example of this... lets people know that you are ready to accept offers
Infra hospitium
Invitation to treat
Thin Skull Rule
Actus reus and Mens rea
35. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Option
Duty to mitigate
Negligence
Stare decisis
36. 'It stands decided'
420 to 700 hours depending on the regional unemployment rate
Exemplary damages
Actus reus and Mens rea
Stare decisis
37. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Repudiation - sabotage - failure to perform
E. Coli
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
Four purpose of sentencing
38. 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.
Thin Skull Rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
39. Latin for 'the thing speaks for itself'
Res ipsa loquitar
51% or 52%
Power of Attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
40. Minimum amount of hours needed to be eligible for EI benefits.
Infra hospitium
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.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
420 to 700 hours depending on the regional unemployment rate
41. 2 classes of servants.
Independent contractors - employees
Agent
98%
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
42. 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
Vicarious Liability
Ultra vires
Personal and real
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
43. 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
Group termination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Equitable estoppal
44. Damages imposed to make an example of the wrongdoer
Exemplary damages
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Merit
Theft of services
45. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Acts of God - acts of a public enemy - guests' own negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Infra hospitium
46. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Parol Evidence Rule
Duty to mitigate
47. Allows a legislation to override the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious Liability
Exemplary damages
Section 33 of the Charter
48. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Summary conviction - indictable - and hybrid
Res ipsa loquitar
$413 or 55% of the claimant's average insured earnings (whichever is less)
49. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
The kinds of misrepresentation
Negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Absolute liability
50. Someone who certifies documents - but does not draft documents
Substantive Law
Notary
The 2 classes of servants
The items that should be included in a job description