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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. Latin for 'the thing speaks for itself'
Thin Skull Rule
Option
Res ipsa loquitar
Non est factum
2. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Noncompetition/nonsolicitation clauses
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Section 33 of the Charter
3. When the public is misled into believing that one company's goods or services are those a similar brand or product
Food and Drugs Act
Passing off
E. Coli
Duty to mitigate
4. Legislators - judges - jurors - lawyers - clients and police
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.
Equitable estoppal
Players in the legal system
Exemplary damages
5. Types of Damages
Arraignment
General - Punitive - Exemplary
Gratuitous Promise
Quantum merits
6. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
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
Fiduciary Duty
Exceptions to the privity of contract rule
Reasonable Person Test
7. Food poisoning from hamburger
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Habeas corpus
E. Coli
Lie flat to distribute the force of the impact
8. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
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
Factoring
Proximate cause of the injury
Food and Drugs Act
9. The publication of a false statement about someone either verbally or in writing which damages their reputation
Royal prerogatives
Defamation
Common - mutual and unilateral.
Duty to mitigate
10. Regulation - deterrence - compensation - dispute resolution - education and prevention
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
Sole proprietorship - partnership - and corporations
4 items that should be included in the job description
6 primary purposes of tort law
11. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Passing off
Bona fide occupational requirement
Natural Law
12. List the 4 conditions of adverse possession. (squatter's rights)
Summary conviction - indictable - and hybrid
Sunset Clause
Open and notorious - unchallenged - exclusive - continuous
Power of Attorney
13. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
1) in the office - 2) every guestroom - and 3) public rooms (area).
The items that should be included in a job description
Actus reus
Floating charge
14. What would a careful - thoughtful person in the same circumstances have done
Sunset Clause
Fiduciary Duty
Reasonable Person Test
Intentional torts
15. Allows a legislation to override the Charter
Repudiation - Sabotage - Failure to perform
Section 33 of the Charter
Reiver
Group termination
16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Invitation to treat
Exceptions to the privity of contract rule
Reasons a contract may be impeached
Agent
17. Who owns mislaid property?
The kinds of misrepresentation
Section 33 of the Charter
The owner
'The thing speaks for itself'
18. Amount added on to a usual charge for a specific product - purpose - or service.
Amortization
Trade mark
Reasons a contract may be impeached
Surcharge
19. Two types of negligence
Sunset Clause
The 4 principles of Equal Pay legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Intentional - Unintentional
20. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Power of attorney
Municipal government
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
21. 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
Uttering
Negligence Per se
Vicarious Liability
22. When 50 or more employees are laid off within 2 months.
Amortization
E. Coli
Group termination
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
23. Promises made without consideration
Intentional - Unintentional
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligent Misrepresentation
Gratuitous Promise
24. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
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
Exceptions to the privity of contract rule
Equitable estoppel
Reasons a contract may be impeached
25. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Exceptions to the privity of contract rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Defenses to intentional Torts
26. Minimum amount of hours needed to be eligible for EI benefits.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Legal realism
420 to 700 hours depending on the regional unemployment rate
Repudiation - sabotage - failure to perform
27. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Equity financing - debt financing - sale of assets
Uttering
The 4 principles of Equal Pay legislation
Summary conviction - indictable - and hybrid
28. 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.
Unilateral Contract
Option
Fiduciary Duty
Discoveries Stage
29. Use of another company's business name or logo without permission.
Equity financing - debt financing - sale of assets
Trademark infringement
Positive law
Section 33 of the Charter
30. What are some of the conditions for rightful dismissal?
Non est factum
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Stare decisis
Financial disloyalty - falsified qualifications - gross and continuing incompetence
31. Three types of intangibles
Mens rea
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Surcharge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
32. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Positive law
Actus reus
Equitable estoppel
33. Latin term for within or on the premises of the inn (extension of the inn).
The owner
Infra hospitium
Disclaimer
Innocent - negligent - fraudulent
34. An advertisement is an example of this... lets people know that you are ready to accept offers
Natural Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Invitation to treat
Duty to mitigate
35. Stages of a civil action
Thin Skull Rule
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate
36. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Fiduciary Duty
The 4 principles of Equal Pay legislation
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
37. Innocent - negligent and fraudulent
Ultra vires
The kinds of misrepresentation
Municipal government
Merit
38. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Injurious Falsehood
Common - mutual and unilateral.
Equitable estoppal
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
39. 'It stands decided'
Stare decisis
Vicarious liability
Equitable estoppel
General - Punitive - Exemplary
40. The plaintiff has been injured upon the result of his own negligence
Unilateral Contract
Contributory Negligence
Prima facie
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
41. 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
Summary conviction - indictable - and hybrid
Non est factum
Reiver
Vicarious Liability
42. 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.
Reiver
Disclaimer
Thin Skull Rule
98%
43. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
Express deposit
Instances under which an offer lapses
44. Author of the Universal Declaration of Human Rights
Notary
John Humphrey
Breach of contract
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
45. Bailment for the sole benefit of the bailor.
Mens rea
Food and Drugs Act
Gratuitous bailment
Equity financing - debt financing - sale of assets
46. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
General - Punitive - Exemplary
Nepotism
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Absolute liability
47. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Price fixing
Power of attorney
Sole proprietorship - partnership - and corporations
48. Discrimination that is actually encouraged in our society
Merit
Group termination
Landlord-tenant
John Humphrey
49. It is not my deed
Democratic rights to vote or run for election
Landlord-tenant
Non est factum
Stare decisis
50. Balance of probability needed to win a civil case
Notary
Equitable estoppal
51% or 52%
Sunset Clause
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