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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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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. First stage in a criminal court procedure
Noncompetition/nonsolicitation clauses
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.
Arraignment

2. The amount he merits
Acts of God - acts of a public enemy - guests' own negligence
Quantum merits
Gratuitous Promise
Unconscionable transactions

3. 2 classes of servants.
Independent contractors - employees
Power of attorney
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence

4. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Non est factum
Passing off
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

5. Laws duly enacted by a person or body having the authority to enact and enforce them.
Restrictive covenant
Non est factum
Positive law
John Humphrey

6. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Infra hospitium
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
Sole proprietorship - partnership - and corporations

7. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
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.
Power of attorney
Criminal - Family - Youth - Small claims court

8. Favoritism granted to relatives or friends regardless of merit
Instances under which an offer lapses
Gratuitous bailment
Nepotism
Reasonable Person Test

9. What would a careful - thoughtful person in the same circumstances have done
Nepotism
Quantum merits
Reasonable Person Test
Easement

10. Conditions for rightful dismissal.
Contributory Negligence
The 4 principles of Equal Pay legislation
Trade mark
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

11. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
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.
4 items that should be included in the job description
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
Nepotism

12. Latin for guilty act and guilty mind
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Actus reus and Mens rea
Non delegable duty

13. Legal responsibility for the negligence of another person
Vicarious liability
Intentional - Unintentional
Lie flat to distribute the force of the impact
Surcharge

14. Types of Damages
General - Punitive - Exemplary
6 primary purposes of tort law
Independent contractors - employees
420 to 700 hours depending on the regional unemployment rate

15. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Absolute liability
The 2 classes of servants

16. Guilty act in Latin.
Bona fide occupational requirement
Creed
Actus reus
Non delegable duty

17. A promise for an action
Trademark infringement
Amortization
Injurious Falsehood
Unilateral Contract

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
Infra hospitium
Negligent Misrepresentation
Types of contracts which must be in writing
6 primary purposes of tort law

19. Food Poisoning from chicken
Creed
Salmonella
To 'perfect' a lien
Passing off

20. 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.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The items that should be included in a job description
Fiduciary Duty

21. A person who becomes ill but did not pay for the meal can sue the establishment
Exceptions to the privity of contract rule
Invitation to treat
Neighbour principle
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

22. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Defenses to intentional Torts
The items that should be included in a job description
Injurious Falsehood
Intentional - Unintentional

23. What are the 3 types of bailment?
The 4 principles of Equal Pay legislation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Four purpose of sentencing
Passing off

24. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Exceptions to the privity of contract rule
Four purpose of sentencing
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Negligence Per se

25. Political - religious beliefs - and affiliations
Substantive Law
Democratic rights to vote or run for election
Reasonable Person Test
Creed

26. Surviving a falling elevator
Invitation to treat
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
General damages
Lie flat to distribute the force of the impact

27. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Absolute liability
Reasonable Person Test
Option

28. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
$413 or 55% of the claimant's average insured earnings (whichever is less)
Land - buildings - fixtures
Trademark infringement

29. It is not my deed
Non est factum
Defamation
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

30. The most difficult element of negligence to prove
Intentional - Unintentional
Proximate cause of the injury
Stare decisis
Noncompetition/nonsolicitation clauses

31. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Group termination
Passing off
420 to 700 hours depending on the regional unemployment rate
98%

32. 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
General damages
Unilateral Contract
Repudiation - sabotage - failure to perform

33. What must be established to substantiate a claim for bailment?
Defenses to intentional Torts
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
Proximate cause of the injury
Intentional - Unintentional

34. Spoken and written defamation
John Humphrey
Infra hospitium
Slander and Libel
Types of contracts which must be in writing

35. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Slander and Libel
Repudiation - Sabotage - Failure to perform
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Uttering

36. 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.
Power of Attorney
Repudiation - sabotage - failure to perform
Democratic rights to vote or run for election
Fiduciary Duty

37. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Exceptions to the privity of contract rule
Mens rea
Contributory negligence

38. When two or more suppliers conspire to set prices.
Unilateral Contract
Non est factum
Price fixing
Uttering

39. 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.
Habeas corpus
Noncompetition/nonsolicitation clauses
By Performance - By Agreement - By Frustration - By Operation of law
Negligence

40. 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
Exemplary damages
Power of attorney
The 4 principles of Equal Pay legislation
Reasons a contract may be impeached

41. Division of Lower Provincial Courts
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Criminal - Family - Youth - Small claims court
$413 or 55% of the claimant's average insured earnings (whichever is less)
'The thing speaks for itself'

42. Two types of negligence
Easement
98%
Intentional - Unintentional
1) in the office - 2) every guestroom - and 3) public rooms (area).

43. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
420 to 700 hours depending on the regional unemployment rate
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule
Quantum meruit

44. Legislators - judges - jurors - lawyers - clients and police
E. Coli
Players in the legal system
Invitation to treat
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

45. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Thin Skull Rule
Positive Law

46. What are the two types of property?
Positive Law
Good Samaritan Legislation
Personal and real
Exemplary damages

47. Res ipsa loquitur

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48. You shall have the body
420 to 700 hours depending on the regional unemployment rate
Lie flat to distribute the force of the impact
Contributory negligence
Habeas corpus

49. In a criminal procedure list the 3 types of offenses
Acts of God - acts of a public enemy - guests' own negligence
Summary conviction (minor) - indictable (serious) - hybrid
Merit
Democratic rights to vote or run for election

50. Most difficult element of negligence to prove
Noncompetition/nonsolicitation clauses
Discoveries Stage
Royal prerogatives
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not