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Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Bailment for the sole benefit of the bailor.
Amortization
Price fixing
Gratuitous bailment
The 2 classes of servants
2. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Fiduciary Duty
Actus reus
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
The 4 principles of Equal Pay legislation
3. Who owns mislaid property?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The kinds of misrepresentation
The owner
Easement
4. list 4 elements of bailment
Surcharge
Food and Drugs Act
Sunset Clause
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
5. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Thin Skull Rule
Royal prerogatives
4 items that should be included in the job description
Four purpose of sentencing
6. What does real property include?
Land - buildings - fixtures
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Negligence
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.
7. What does BFOR stand for?
Breach of contract
Summary conviction - indictable - and hybrid
Bona fide occupational requirement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
8. When 50 or more employees are laid off within 2 months.
Restrictive covenant
Group termination
Intentional torts
Summary conviction (minor) - indictable (serious) - hybrid
9. Author of the Universal Declaration of Human Rights
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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.
Agent
John Humphrey
10. Someone who certifies documents - but does not draft documents
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Summary conviction - Indictable - Hybrid
Notary
Contributory negligence
11. Food poisoning from hamburger
E. Coli
Reasons a contract may be impeached
Slander and Libel
Restrictive covenant
12. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Trademark infringement
Salmonella
13. 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
Fiduciary Duty
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Negligent Misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public
14. 'Reasonable worth of the good'
The parol evidence rule
Express deposit
Quantum meruit
Defamation
15. Three types of intangibles
E. Coli
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Surcharge
Merit
16. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Option
Repudiation - sabotage - failure to perform
Salmonella
17. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Theft of services
Discoveries Stage
Noncompetition/nonsolicitation clauses
Players in the legal system
18. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Equitable estoppel
Repudiation - sabotage - failure to perform
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate
19. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Four purpose of sentencing
Uttering
Bona fide occupational requirement
Easement
20. Innocent - negligent and fraudulent
Consideration
The kinds of misrepresentation
Amortization
Instances under which an offer lapses
21. A right to use another's land for a specific purpose.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional - Unintentional
Easement
98%
22. What are the 5 tiers of the corporate structure.
By Performance - By Agreement - By Frustration - By Operation of law
Vicarious liability
Shareholders - board of directors - statutory officers - employees - and creditors
Pleadings - discoveries - pretrial and or mediation - trial - appeals
23. A plaintiff is partly or solely the cause of his or her own injury.
Personal and real
Contributory negligence
By Performance - By Agreement - By Frustration - By Operation of law
Open and notorious - unchallenged - exclusive - continuous
24. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Noncompetition/nonsolicitation clauses
Repudiation - sabotage - failure to perform
Pleadings - discoveries - pretrial and or mediation - trial - appeals
25. 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
Agent
General - Punitive - Exemplary
Fiduciary Duty
26. When the police do not need a warrant to search your residence and/or business?
Breach of contract
Restrictive covenant
Substantive Law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
27. List the 4 conditions of adverse possession. (squatter's rights)
Option
Notary
Open and notorious - unchallenged - exclusive - continuous
General - Punitive - Exemplary
28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Positive law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Constitution
29. What would a careful - thoughtful person in the same circumstances have done
420 to 700 hours depending on the regional unemployment rate
Reasonable Person Test
Floating charge
Habeas corpus
30. 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
Negligent Misrepresentation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Good Samaritan Legislation
Vicarious Liability
31. A plaintiff is partly or solely the cause of his or her own injury
98%
Contributory negligence
Thin Skull Rule
Municipal government
32. Two kinds of negligence
General - Punitive - Exemplary
Summary conviction - indictable - and hybrid
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
Intentional - Unintentional
33. How can an employer escape alcohol misuse liability?
John Humphrey
Positive Law
Unconscionable transactions
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.
34. Another word for 'reafian'?
Reiver
Merit
Types of contracts which must be in writing
Consideration
35. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Passing off
Trademark infringement
Positive Law
36. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Injurious Falsehood
Trade mark
Sunset Clause
Intentional - Unintentional
37. The amount he merits
Positive law
Defamation
Surcharge
Quantum merits
38. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute 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
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Prima facie
39. Political - religious beliefs - and affiliations
Creed
Landlord-tenant
Price fixing
Criminal - Family - Youth - Small claims court
40. This relationship exists when one person has the power to affect another person's property or legal interests
The 2 classes of servants
Exemplary damages
Arraignment
Fiduciary Duty
41. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Open and notorious - unchallenged - exclusive - continuous
4 items that should be included in the job description
Power of Attorney
Notary
42. Minimum amount of hours needed to be eligible for EI benefits.
Sole proprietorship - partnership - and corporations
420 to 700 hours depending on the regional unemployment rate
Summary conviction (minor) - indictable (serious) - hybrid
Salmonella
43. The price a party pays for the promise.
Intentional torts
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Consideration
Positive law
44. The period of time required to pay off the principal completely at a set interest rate.
Reasons a contract may be impeached
Quantum merits
Negligent Misrepresentation
Amortization
45. What are the 3 ways employment can be terminated?
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Easement
46. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Royal prerogatives
Injurious Falsehood
Good Samaritan Legislation
51% or 52%
47. Damages imposed to make an example of the wrongdoer
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Exemplary damages
John Humphrey
Infra hospitium
48. 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
Bona fide occupational requirement
Power of attorney
Exceptions to the privity of contract rule
Discoveries Stage
49. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Royal prerogatives
Passing off
Non est factum
Arraignment
50. When two or more suppliers conspire to set prices.
98%
Equitable estoppal
Duty to mitigate
Price fixing
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