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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. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Vicarious Liability
Vicarious liability
By Performance - By Agreement - By Frustration - By Operation of law
4 items that should be included in the job description
2. What would a careful - thoughtful person in the same circumstances have done
Surcharge
Slander and Libel
Gratuitous bailment
Reasonable Person Test
3. Three types of offences
Food and Drugs Act
Summary conviction - indictable - and hybrid
The kinds of misrepresentation
Types of contracts which must be in writing
4. Food poisoning from hamburger
Passing off
Creed
Defamation
E. Coli
5. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Damages that are imposed to punish and to make an example of the offending party
Food and Drugs Act
6. Latin for guilty act and guilty mind
Trade mark
Arraignment
Actus reus and Mens rea
Vicarious liability
7. Division of Lower Provincial Courts
Acts of God - acts of a public enemy - guests' own negligence
Criminal - Family - Youth - Small claims court
Quantum merits
420 to 700 hours depending on the regional unemployment rate
8. You shall have the body
Slander and Libel
Summary conviction - Indictable - Hybrid
Stare decisis
Habeas corpus
9. The publication of a false statement about someone either verbally or in writing which damages their reputation
Power of Attorney
Amortization
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
Defamation
10. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasonable Person Test
Summary conviction (minor) - indictable (serious) - hybrid
11. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Private law
Royal prerogatives
Instances under which an offer lapses
Financial disloyalty - falsified qualifications - gross and continuing incompetence
12. Favoritism granted to relatives or friends regardless of merit
Group termination
Nepotism
Uttering
Contributory negligence
13. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Open and notorious - unchallenged - exclusive - continuous
Injurious Falsehood
Option
Food and Drugs Act
14. Accommodations that are not considered 'inns'.
Injurious Falsehood
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
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Boarding house - a rooming house - homes for seniors - and time-share arrangements
15. Beyond a reasonable doubt is what probability
Actus reus and Mens rea
Power of Attorney
98%
Defamation
16. 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
Criminal - Family - Youth - Small claims court
Private law
Proximate cause of the injury
17. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Bona fide occupational requirement
Four purpose of sentencing
Repudiation - sabotage - failure to perform
18. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory negligence
Gratuitous Promise
John Humphrey
19. This relationship exists when one person has the power to affect another person's property or legal interests
Reasons a contract may be impeached
Nepotism
Actus reus
Fiduciary Duty
20. list 4 elements of bailment
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Factoring
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Gratuitous Promise
21. The most difficult element of negligence to prove
Intentional - Unintentional
Equitable estoppel
Proximate cause of the injury
Exceptions to the privity of contract rule
22. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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23. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Lie flat to distribute the force of the impact
Reasons a contract may be impeached
Absolute liability
24. Two types of negligence
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Intentional - Unintentional
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Merit
25. The price a party pays for the promise.
'The thing speaks for itself'
98%
Consideration
Factoring
26. 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.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Thin Skull Rule
Vicarious 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
27. What are the two types of property?
Mens rea
Personal and real
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Municipal government
28. The period of time required to pay off the principal completely at a set interest rate.
Legal realism
Passing off
Amortization
Res ipsa loquitar
29. Alcohol misuse under the Liquor License Act
Floating charge
The kinds of misrepresentation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consideration
30. Spoken and written defamation
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
Slander and Libel
Creed
Legal realism
31. Laws duly enacted by a person or body having the authority to enact and enforce them.
Vicarious Liability
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction (minor) - indictable (serious) - hybrid
Positive law
32. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Quantum merits
Price fixing
Duty to mitigate
33. An agreement by an offeror to leave an offer open for a specified period of time.
Types of contracts which must be in writing
Option
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Duty to mitigate
34. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
35. Law based on moral - religious or philosophical grounds
Natural Law
6 primary purposes of tort law
Exemplary damages
Stare decisis
36. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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37. How can an employer escape alcohol misuse liability?
Intentional torts
Duty to mitigate
Merit
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.
38. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Unilateral Contract
Reasons a contract may be impeached
By Performance - By Agreement - By Frustration - By Operation of law
39. A plaintiff is partly or solely the cause of his or her own injury.
E. Coli
Contributory negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Power of Attorney
40. How contracts can be discharged
Vicarious liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Non delegable duty
By Performance - By Agreement - By Frustration - By Operation of law
41. Types of Damages
Habeas corpus
Res ipsa loquitar
General - Punitive - Exemplary
Negligence
42. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Option
Repudiation - Sabotage - Failure to perform
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
43. Someone who certifies documents - but does not draft documents
Notary
Negligent Misrepresentation
Natural Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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.
Land - buildings - fixtures
Innocent - negligent - fraudulent
Noncompetition/nonsolicitation clauses
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
45. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Intentional torts
Non est factum
Habeas corpus
46. When the public is misled into believing that one company's goods or services are those a similar brand or product
Actus reus and Mens rea
Passing off
Exemplary damages
Summary conviction - indictable - and hybrid
47. What are exemplary damages?
Defamation
Trademark infringement
Damages that are imposed to punish and to make an example of the offending party
Sole proprietorship - partnership - and corporations
48. What must be established to substantiate a claim for bailment?
6 primary purposes of tort law
General damages
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
Creed
49. Allows a legislation to override the Charter
Section 33 of the Charter
The 4 principles of Equal Pay legislation
Specific deterrence - general deterrence - rehabilitation - protection of the public
Instances under which an offer lapses
50. 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.
Duty to mitigate
Arraignment
Defamation
Theft of services
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