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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. Most difficult element of negligence to prove
Option
Intentional torts
Theft of services
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
2. What is the maximum weekly EI benefit?
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3. What are three ways a contract is breached?
Equity financing - debt financing - sale of assets
Exemplary damages
Repudiation - sabotage - failure to perform
'The thing speaks for itself'
4. The division of law associated with interpersonal matters
Private law
Section 33 of the Charter
Substantive Law
Four purpose of sentencing
5. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Exceptions to the privity of contract rule
Prima facie
Mens rea
6. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Bona fide occupational requirement
Absolute liability
Passing off
The items that should be included in a job description
7. Amount added on to a usual charge for a specific product - purpose - or service.
Disclaimer
Instances under which an offer lapses
Surcharge
To 'perfect' a lien
8. How can an employer escape alcohol misuse liability?
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.
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.
Repudiation - sabotage - failure to perform
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
9. Stages of a civil action
Prima facie
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sunset Clause
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
10. Law based on moral - religious or philosophical grounds
Actus reus
John Humphrey
Open and notorious - unchallenged - exclusive - continuous
Natural Law
11. Spoken and written defamation
Slander and Libel
Factoring
Surcharge
'The thing speaks for itself'
12. Once a contract is written - it cannot be changed without the consent of both parties
Vicarious liability
Fiduciary Duty
Municipal government
Parol Evidence Rule
13. Food poisoning from hamburger
Discoveries Stage
Non est factum
E. Coli
Vicarious Liability
14. Three types of offences
Summary conviction - indictable - and hybrid
Damages that are imposed to punish and to make an example of the offending party
Constitution
Salmonella
15. Latin for 'the thing speaks for itself'
420 to 700 hours depending on the regional unemployment rate
Non est factum
Factoring
Res ipsa loquitar
16. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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17. Discrimination that is actually encouraged in our society
Merit
Good Samaritan Legislation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Damages that are imposed to punish and to make an example of the offending party
18. 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
Proximate cause of the injury
1) in the office - 2) every guestroom - and 3) public rooms (area).
The parol evidence rule
19. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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20. Damages imposed to make an example of the wrongdoer
Consideration
Common - mutual and unilateral.
Gratuitous bailment
Exemplary damages
21. What are the three kinds of misrepresentation?
420 to 700 hours depending on the regional unemployment rate
Acts of God - acts of a public enemy - guests' own negligence
Merit
Innocent - negligent - fraudulent
22. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Noncompetition/nonsolicitation clauses
Floating charge
Shareholders - board of directors - statutory officers - employees - and creditors
Criminal - Family - Youth - Small claims court
23. The level of government in charge of bylaws
Municipal government
Salmonella
Prima facie
Equitable estoppal
24. A restriction placed on some aspect of land use.
Restrictive covenant
The items that should be included in a job description
Innocent - negligent - fraudulent
Land - buildings - fixtures
25. Allows a legislation to override the Charter
Democratic rights to vote or run for election
Section 33 of the Charter
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Trade mark
26. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Parol Evidence Rule
Intentional - Unintentional
Agent
27. What are the two types of property?
Personal and real
Gratuitous Promise
The 2 classes of servants
The kinds of misrepresentation
28. 3 types of business structures.
Independent contractors - employees
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Royal prerogatives
Sole proprietorship - partnership - and corporations
29. The publication of a false statement about someone either verbally or in writing which damages their reputation
Unilateral Contract
Instances under which an offer lapses
Non delegable duty
Defamation
30. what are the four purposes of sentencing?
Municipal government
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Specific deterrence - general deterrence - rehabilitation - protection of the public
1) in the office - 2) every guestroom - and 3) public rooms (area).
31. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Four purpose of sentencing
Factoring
Uttering
32. Law is whatever judges say it is...
Mens rea
Legal realism
Trade mark
Private law
33. An agreement by an offeror to leave an offer open for a specified period of time
Option
Intentional torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
34. What does real property include?
Acts of God - acts of a public enemy - guests' own negligence
Uttering
Land - buildings - fixtures
Actus reus
35. Someone who certifies documents - but does not draft documents
Arraignment
Amortization
Notary
Criminal - Family - Youth - Small claims court
36. 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
Prima facie
John Humphrey
Ultra vires
37. Laws duly enacted by a person or body having the authority to enact and enforce them.
Fiduciary Duty
Positive law
Passing off
Intentional torts
38. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Amortization
Trade mark
Discoveries Stage
Acts of God - acts of a public enemy - guests' own negligence
39. Within the walls of the inn
Sunset Clause
Summary conviction - indictable - and hybrid
4 items that should be included in the job description
Infra hospitium
40. What are exemplary damages?
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Damages that are imposed to punish and to make an example of the offending party
The items that should be included in a job description
Absolute liability
41. When 50 or more employees are laid off within 2 months.
Disclaimer
Group termination
Amortization
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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?
Breach of contract
The parol evidence rule
Food and Drugs Act
Financial disloyalty - falsified qualifications - gross and continuing incompetence
43. 3 types of offenses in a criminal procedure
Non est factum
Fiduciary Duty
Summary conviction - Indictable - Hybrid
Parol Evidence Rule
44. Independent contractors and employees.
Landlord-tenant
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
The 2 classes of servants
Instances under which an offer lapses
45. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Consideration
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
Constitution
1) in the office - 2) every guestroom - and 3) public rooms (area).
46. A symbol - word - name or device used to identify or signify a company or its product.
Types of contracts which must be in writing
Trade mark
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Quantum meruit
47. The price a party pays for the promise.
Good Samaritan Legislation
Repudiation - sabotage - failure to perform
Consideration
Repudiation - Sabotage - Failure to perform
48. The plaintiff has been injured upon the result of his own negligence
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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
49. Beyond a reasonable doubt is what probability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Absolute liability
Exceptions to the privity of contract rule
98%
50. Author of the Universal Declaration of Human Rights
Contributory negligence
Mens rea
Discoveries Stage
John Humphrey