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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. 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.
Theft of services
Floating charge
Fiduciary Duty
Easement

2. A plaintiff is partly or solely the cause of his or her own injury
Exceptions to the privity of contract rule
Contributory negligence
Open and notorious - unchallenged - exclusive - continuous
Shareholders - board of directors - statutory officers - employees - and creditors

3. 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?
Actus reus and Mens rea
Breach of contract
Res ipsa loquitar
Salmonella

4. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Vicarious Liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Slander and Libel

5. What does BFOR stand for?
Non delegable duty
Amortization
Habeas corpus
Bona fide occupational requirement

6. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Price fixing
Exceptions to the privity of contract rule
Defamation

7. Innocent - negligent and fraudulent
Actus reus
Invitation to treat
The kinds of misrepresentation
Habeas corpus

8. list 4 elements of bailment
Easement
Infra hospitium
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trademark infringement

9. What are some of the conditions for rightful dismissal?
Duty to mitigate
Instances under which an offer lapses
Financial disloyalty - falsified qualifications - gross and continuing incompetence
General - Punitive - Exemplary

10. A plaintiff is partly or solely the cause of his or her own injury.
The owner
Municipal government
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Contributory negligence

11. Who owns mislaid property?
The owner
Substantive Law
Exceptions to the privity of contract rule
Discoveries Stage

12. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sole proprietorship - partnership - and corporations
Non est factum
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

13. Guilty act in Latin.
Actus reus
Section 33 of the Charter
John Humphrey
Parol Evidence Rule

14. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Quantum merits
Factoring

15. An agreement by an offeror to leave an offer open for a specified period of time.
Arraignment
Option
Intentional torts
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

16. 'It stands decided'
Negligent Misrepresentation
John Humphrey
Vicarious Liability
Stare decisis

17. In a criminal procedure list the 3 types of offenses
Mens rea
Summary conviction (minor) - indictable (serious) - hybrid
Exemplary damages
Option

18. List remedies one would expect when a contract is breached
The 4 principles of Equal Pay legislation
Exemplary damages
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off

19. Balance of probability needed to win a civil case
Parol Evidence Rule
51% or 52%
The owner
Summary conviction (minor) - indictable (serious) - hybrid

20. Author of the Universal Declaration of Human Rights
John Humphrey
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

21. 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
Actus reus and Mens rea
Vicarious Liability
6 primary purposes of tort law
Personal and real

22. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Duty to mitigate
Exceptions to the privity of contract rule
Unilateral Contract
Pleadings - discoveries - pretrial and or mediation - trial - appeals

23. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Thin Skull Rule
'The thing speaks for itself'
1) in the office - 2) every guestroom - and 3) public rooms (area).

24. A restriction placed on some aspect of land use.
Gratuitous bailment
Agent
Habeas corpus
Restrictive covenant

25. Circumstances in which the authorities do not need a warrant to search your premises
The 4 principles of Equal Pay legislation
Positive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate

26. The amount he merits
Quantum merits
Democratic rights to vote or run for election
420 to 700 hours depending on the regional unemployment rate
Actus reus and Mens rea

27. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Reasonable Person Test
Independent contractors - employees

28. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Negligent Misrepresentation
Restrictive covenant
Reasons a contract may be impeached
Lie flat to distribute the force of the impact

29. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Discoveries Stage
Habeas corpus
Thin Skull Rule

30. Division of law that defines rights and remedies
Creed
Substantive Law
Instances under which an offer lapses
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

31. Division of Lower Provincial Courts
Duty to mitigate
Criminal - Family - Youth - Small claims court
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

32. Which of the following rights does the Charter guarantee only to citizens of Canada
Merit
General - Punitive - Exemplary
Four purpose of sentencing
Democratic rights to vote or run for election

33. A duty that cannot be given to someone else
Non delegable duty
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Stare decisis
Players in the legal system

34. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Types of contracts which must be in writing
Passing off
Absolute liability
Common - mutual and unilateral.

35. Types of Damages
Common - mutual and unilateral.
General - Punitive - Exemplary
420 to 700 hours depending on the regional unemployment rate
Gratuitous Promise

36. Allows a legislation to override the Charter
By Performance - By Agreement - By Frustration - By Operation of law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Section 33 of the Charter
Equitable estoppal

37. Spoken and written defamation
Slander and Libel
Floating charge
Invitation to treat
The parol evidence rule

38. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Absolute liability
Duty to mitigate
Habeas corpus
Non est factum

39. What are the two types of property?
Actus reus
Trademark infringement
General damages
Personal and real

40. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Land - buildings - fixtures
Defamation
Express deposit

41. The publication of a false statement about someone either verbally or in writing which damages their reputation
Power of Attorney
Defamation
Reasons a contract may be impeached
Salmonella

42. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Arraignment
Damages that are imposed to punish and to make an example of the offending party
To 'perfect' a lien
Types of contracts which must be in writing

43. A symbol - word - name or device used to identify or signify a company or its product.
Express deposit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Exemplary damages
Trade mark

44. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Constitution
Positive Law
Group termination
Sunset Clause

45. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
The 4 principles of Equal Pay legislation
Four purpose of sentencing
Neighbour principle
Equitable estoppel

46. Notices of statutory provisions limiting liability be posted where?
Positive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
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.
1) in the office - 2) every guestroom - and 3) public rooms (area).

47. What must be established to substantiate a claim for bailment?
Habeas corpus
Consideration
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
Parol Evidence Rule

48. Legal responsibility for the negligence of another person
Vicarious liability
Absolute liability
Salmonella
Breach of contract

49. 'Reasonable worth of the good'
Quantum meruit
The items that should be included in a job description
Unilateral Contract
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

50. Selling accounts receivable at a discount.
Factoring
Duty to mitigate
Food and Drugs Act
Injurious Falsehood