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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. Latin term for 'On the face of it'.
Substantive Law
The 4 principles of Equal Pay legislation
Reasonable Person Test
Prima facie

2. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Vicarious Liability
Floating charge
The 2 classes of servants
Shareholders - board of directors - statutory officers - employees - and creditors

3. Defaming a business - a product or a property rather than a person.
Negligent Misrepresentation
Defenses to intentional Torts
Negligence Per se
Injurious Falsehood

4. List remedies one would expect when a contract is breached
98%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Merit
Prima facie

5. 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
Repudiation - sabotage - failure to perform
Power of attorney
Injurious Falsehood
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

6. What are the two types of property?
Common - mutual and unilateral.
Personal and real
Absolute liability
Fiduciary Duty

7. 2 classes of servants.
Habeas corpus
Independent contractors - employees
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Noncompetition/nonsolicitation clauses

8. 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
Food and Drugs Act
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reiver
Vicarious Liability

9. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Duty to mitigate
Surcharge
Acts of God - acts of a public enemy - guests' own negligence
Sunset Clause

10. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Innocent - negligent - fraudulent
Passing off
Land - buildings - fixtures

11. Damages are awarded to compensate the injured party
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.
General damages
Private law
Quantum meruit

12. Someone who certifies documents - but does not draft documents
Notary
Ultra vires
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Option

13. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
'The thing speaks for itself'
Positive Law

14. Author of the Universal Declaration of Human Rights
John Humphrey
Intentional torts
Land - buildings - fixtures
Sole proprietorship - partnership - and corporations

15. Circumstances in which the authorities do not need a warrant to search your premises
The parol evidence rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Reasonable Person Test
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

16. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Quantum meruit
Innocent - negligent - fraudulent
Landlord-tenant
Positive law

17. Who owns mislaid property?
Vicarious liability
The owner
Consideration
Section 33 of the Charter

18. Allows a legislation to override the Charter
Ultra vires
The owner
Section 33 of the Charter
Actus reus

19. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Option
Vicarious liability
Non est factum

20. Alcohol misuse under the Liquor License Act
Non est factum
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
4 items that should be included in the job description
Equitable estoppel

21. Legal responsibility for the negligence of another person
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Vicarious liability
The items that should be included in a job description
Amortization

22. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Stare decisis
Uttering
Surcharge
Merit

23. Latin term for 'It is not my deed
Passing off
Habeas corpus
Non est factum
Consideration

24. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Power of Attorney
The parol evidence rule
Creed

25. Laws duly enacted by a person or body having the authority to enact and enforce them.
98%
Positive law
Natural Law
51% or 52%

26. When the police do not need a warrant to search your residence and/or business?
Exemplary damages
Quantum meruit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Injurious Falsehood

27. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
The 2 classes of servants
Factoring
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

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.
Fiduciary Duty
Surcharge
Defenses to intentional Torts
Negligence Per se

29. Within the walls of the inn
Infra hospitium
Duty to mitigate
Unconscionable transactions
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

30. Another word for 'reafian'?
Instances under which an offer lapses
Repudiation - Sabotage - Failure to perform
Reiver
Creed

31. Law based on moral - religious or philosophical grounds
Natural Law
Landlord-tenant
Sunset Clause
Gratuitous bailment

32. Surviving a falling elevator
Lie flat to distribute the force of the impact
Passing off
Common - mutual and unilateral.
Actus reus and Mens rea

33. This relationship exists when one person has the power to affect another person's property or legal interests
Absolute liability
Summary conviction - Indictable - Hybrid
General damages
Fiduciary Duty

34. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Parol Evidence Rule

35. Guilty mind.
Factoring
Mens rea
Land - buildings - fixtures
1) in the office - 2) every guestroom - and 3) public rooms (area).

36. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
John Humphrey
51% or 52%
Negligence Per se

37. 'Reasonable worth of the good'
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Quantum meruit
$413 or 55% of the claimant's average insured earnings (whichever is less)
Duty to mitigate

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Democratic rights to vote or run for election
Arraignment
Exceptions to the privity of contract rule

39. A promise for an action
Royal prerogatives
Landlord-tenant
Unilateral Contract
4 items that should be included in the job description

40. What are some of the conditions for rightful dismissal?
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Absolute liability
Non delegable duty

41. Independent contractors and employees.
The 2 classes of servants
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Res ipsa loquitar
Section 33 of the Charter

42. Favoritism granted to relatives or friends regardless of merit
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.
Nepotism
Passing off
Reasons a contract may be impeached

43. Promises made without consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Repudiation - Sabotage - Failure to perform
Gratuitous Promise
Ultra vires

44. What are the three exceptions to the common law absolute liability rule.

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45. Once a contract is written - it cannot be changed without consent of both parties.
Quantum merits
E. Coli
The parol evidence rule
Equity financing - debt financing - sale of assets

46. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Personal and real
Infra hospitium
Instances under which an offer lapses
Merit

47. Governor general and lieutenant governors
Floating charge
Royal prerogatives
Summary conviction (minor) - indictable (serious) - hybrid
Food and Drugs Act

48. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Prima facie
Theft of services
Negligence
Intentional torts

49. 3 types of offenses in a criminal procedure
Duty to mitigate
Summary conviction - Indictable - Hybrid
By Performance - By Agreement - By Frustration - By Operation of law
Defenses to intentional Torts

50. The level of government in charge of bylaws
Power of Attorney
Negligent Misrepresentation
Theft of services
Municipal government