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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. This person acts on behalf of the principal
Innocent - negligent - fraudulent
Contributory Negligence
Acts of God - acts of a public enemy - guests' own negligence
Agent
2. Legislators - judges - jurors - lawyers - clients and police
Passing off
Players in the legal system
Intentional - Unintentional
Defenses to intentional Torts
3. Four methods to prevent potential legal action against your business.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction (minor) - indictable (serious) - hybrid
4. Alcohol misuse under the Liquor License Act
Absolute liability
420 to 700 hours depending on the regional unemployment rate
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
5. What are the two types of property?
Defamation
Personal and real
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Intentional torts
6. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
'The thing speaks for itself'
Exceptions to the privity of contract rule
Consideration
Passing off
7. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Municipal government
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Constitution
Arraignment
8. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Mens rea
Surcharge
Absolute liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
9. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Four purpose of sentencing
Vicarious liability
Group termination
Types of contracts which must be in writing
10. Innocent - negligent and fraudulent
Disclaimer
General - Punitive - Exemplary
The kinds of misrepresentation
Open and notorious - unchallenged - exclusive - continuous
11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Contributory Negligence
Damages that are imposed to punish and to make an example of the offending party
Passing off
Independent contractors - employees
12. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
Negligence
Gratuitous Promise
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
13. The exchange of benefits; the price a party pays for the promise
Surcharge
Consideration
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Arraignment
14. Guilty mind.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Mens rea
Non est factum
Option
15. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Positive law
Uttering
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Quantum merits
16. what are the four purposes of sentencing?
Reasons a contract may be impeached
Specific deterrence - general deterrence - rehabilitation - protection of the public
The 2 classes of servants
$413 or 55% of the claimant's average insured earnings (whichever is less)
17. What are the three kinds of misrepresentation?
Power of Attorney
Equity financing - debt financing - sale of assets
Innocent - negligent - fraudulent
E. Coli
18. 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
Royal prerogatives
Negligent Misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public
Creed
19. An agreement by an offeror to leave an offer open for a specified period of time
Intentional - Unintentional
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
20. The period of time required to pay off the principal completely at a set interest rate.
To 'perfect' a lien
Option
Fiduciary Duty
Amortization
21. The price a party pays for the promise.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Express deposit
Equitable estoppal
Consideration
22. What are the 3 types of bailment?
Power of Attorney
John Humphrey
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
98%
23. 3 types of offenses in a criminal procedure
Equitable estoppal
Section 33 of the Charter
Summary conviction - Indictable - Hybrid
The parol evidence rule
24. An agreement by an offeror to leave an offer open for a specified period of time.
Reasonable Person Test
Option
By Performance - By Agreement - By Frustration - By Operation of law
Intentional - Unintentional
25. Independent contractors and employees.
By Performance - By Agreement - By Frustration - By Operation of law
Consideration
Discoveries Stage
The 2 classes of servants
26. Selling accounts receivable at a discount.
John Humphrey
Summary conviction (minor) - indictable (serious) - hybrid
Power of attorney
Factoring
27. Accommodations that are not considered 'inns'.
Four purpose of sentencing
Reasonable Person Test
Consideration
Boarding house - a rooming house - homes for seniors - and time-share arrangements
28. When 50 or more employees are laid off within 2 months.
Negligence
Actus reus
Exceptions to the privity of contract rule
Group termination
29. Surviving a falling elevator
Gratuitous bailment
Lie flat to distribute the force of the impact
Non est factum
Contributory negligence
30. Governor general and lieutenant governors
Bona fide occupational requirement
Royal prerogatives
Nepotism
Unilateral Contract
31. Circumstances in which the authorities do not need a warrant to search your premises
Contributory negligence
Habeas corpus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Parol Evidence Rule
32. Someone who certifies documents - but does not draft documents
Restrictive covenant
Notary
4 items that should be included in the job description
Non delegable duty
33. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Equitable estoppel
Negligence
Sunset Clause
Absolute liability
34. Use of another company's business name or logo without permission.
Exceptions to the privity of contract rule
Absolute liability
Trademark infringement
Summary conviction (minor) - indictable (serious) - hybrid
35. Types of Damages
General - Punitive - Exemplary
Passing off
Prima facie
Equity financing - debt financing - sale of assets
36. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Repudiation - Sabotage - Failure to perform
The items that should be included in a job description
Substantive Law
E. Coli
37. A promise for an action
Stare decisis
Unilateral Contract
Private law
Prima facie
38. What are exemplary damages?
Summary conviction - Indictable - Hybrid
Good Samaritan Legislation
Negligent Misrepresentation
Damages that are imposed to punish and to make an example of the offending party
39. 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
Absolute liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Gratuitous bailment
40. Division of law that defines rights and remedies
By Performance - By Agreement - By Frustration - By Operation of law
Express deposit
Merit
Substantive Law
41. Defaming a business - a product or a property rather than a person.
Passing off
Injurious Falsehood
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
42. 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?
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Breach of contract
Substantive Law
43. What are the three exceptions to the common law absolute liability rule.
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44. 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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Vicarious liability
Theft of services
Sunset Clause
45. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Unconscionable transactions
Express deposit
Private law
Negligence Per se
46. The level of government in charge of bylaws
Municipal government
Trade mark
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
Intentional - Unintentional
47. Law based on moral - religious or philosophical grounds
Habeas corpus
Quantum meruit
Infra hospitium
Natural Law
48. Author of the Universal Declaration of Human Rights
John Humphrey
Merit
Positive Law
Types of contracts which must be in writing
49. Conditions for rightful dismissal.
Negligent Misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sunset Clause
Res ipsa loquitar
50. Law created by a person or body with authority to enact and enforce it
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Positive Law
The parol evidence rule