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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. Promises made without consideration
Positive law
Gratuitous Promise
Sunset Clause
Landlord-tenant

2. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Repudiation - sabotage - failure to perform
Agent
Shareholders - board of directors - statutory officers - employees - and creditors

3. Once a contract is written - it cannot be changed without the consent of both parties
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Trademark infringement
Lie flat to distribute the force of the impact
Parol Evidence Rule

4. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Merit
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence

5. Use of another company's business name or logo without permission.
Intentional torts
Trademark infringement
Shareholders - board of directors - statutory officers - employees - and creditors
Fiduciary Duty

6. 2 classes of servants.
Independent contractors - employees
4 items that should be included in the job description
Vicarious Liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

7. Four methods to prevent potential legal action against your business.
Negligence
Unconscionable transactions
Agent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

8. Most difficult element of negligence to prove
Types of contracts which must be in writing
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Merit
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

9. This person acts on behalf of the principal
Price fixing
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Agent
Section 33 of the Charter

10. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Intentional - Unintentional
The 4 principles of Equal Pay legislation
Defamation
Negligence Per se

11. Laws duly enacted by a person or body having the authority to enact and enforce them.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Positive law
Power of Attorney
Theft of services

12. Fundamental freedoms in Section 2 of the Charter
Res ipsa loquitar
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The items that should be included in a job description
Power of Attorney

13. When a contract is breached - the injured party must do What is required to limit the losses they suffer
John Humphrey
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
Amortization

14. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Option
Negligence Per se
Equitable estoppal

15. Accommodations that are not considered 'inns'.
Summary conviction - Indictable - Hybrid
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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
Gratuitous bailment

16. Law is whatever judges say it is...
Non delegable duty
Constitution
Legal realism
Stare decisis

17. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exceptions to the privity of contract rule
Intentional - Unintentional
Creed

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
Reasonable Person Test
Exemplary damages
Natural Law
Negligent Misrepresentation

19. What is the maximum weekly EI benefit?

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20. The period of time required to pay off the principal completely at a set interest rate.
John Humphrey
Defenses to intentional Torts
Option
Amortization

21. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional - Unintentional
Four purpose of sentencing

22. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Exceptions to the privity of contract rule
Types of contracts which must be in writing
Option
Stare decisis

23. The publication of a false statement about someone either verbally or in writing which damages their reputation
Independent contractors - employees
Defamation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Types of contracts which must be in writing

24. What are the three kinds of misrepresentation?
Gratuitous bailment
The parol evidence rule
Innocent - negligent - fraudulent
Proximate cause of the injury

25. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Vicarious Liability
Invitation to treat
Duty to mitigate
Passing off

26. A person who becomes ill but did not pay for the meal can sue the establishment
Food and Drugs Act
Positive law
Neighbour principle
Acts of God - acts of a public enemy - guests' own negligence

27. 5 reasons for evicting a guest.
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.
Stare decisis
The owner
Negligence Per se

28. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Vicarious liability
Positive law
Price fixing

29. The price a party pays for the promise.
Negligent Misrepresentation
Consideration
General - Punitive - Exemplary
Infra hospitium

30. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Salmonella
Arraignment
General - Punitive - Exemplary

31. A right to use another's land for a specific purpose.
Vicarious liability
Summary conviction - Indictable - Hybrid
Easement
Duty to mitigate

32. What does real property include?
Trademark infringement
Fiduciary Duty
Group termination
Land - buildings - fixtures

33. The most difficult element of negligence to prove
Proximate cause of the injury
Types of contracts which must be in writing
Passing off
Repudiation - Sabotage - Failure to perform

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

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35. Author of the 1948 Universal Declaration of Human Rights
Restrictive covenant
John Humphrey
General damages
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

36. The exchange of benefits; the price a party pays for the promise
Positive Law
Exceptions to the privity of contract rule
The items that should be included in a job description
Consideration

37. Independent contractors and employees.
Acts of God - acts of a public enemy - guests' own negligence
Food and Drugs Act
The 2 classes of servants
Landlord-tenant

38. A plaintiff is partly or solely the cause of his or her own injury.
Merit
Summary conviction - Indictable - Hybrid
Contributory negligence
Nepotism

39. It is not my deed
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General damages
Consideration
Non est factum

40. 5 possible consequences if you default on your mortgage?
Absolute liability
Merit
Specific deterrence - general deterrence - rehabilitation - protection of the public
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

41. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Parol Evidence Rule
Slander and Libel
The 2 classes of servants

42. Once a contract is written - it cannot be changed without consent of both parties.
Summary conviction - Indictable - Hybrid
The parol evidence rule
Prima facie
Invitation to treat

43. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Food and Drugs Act
Defamation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

44. How can an employer escape alcohol misuse liability?
Defenses to intentional Torts
Ultra vires
General - Punitive - Exemplary
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.

45. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Consideration
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Defenses to intentional Torts
Easement

46. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Factoring
Legal realism
Independent contractors - employees

47. Author of the Universal Declaration of Human Rights
Option
51% or 52%
John Humphrey
Absolute liability

48. Legal responsibility for the negligence of another person
Consideration
Contributory Negligence
Vicarious liability
Group termination

49. Damages are awarded to compensate the injured party
Summary conviction (minor) - indictable (serious) - hybrid
General damages
Exceptions to the privity of contract rule
Criminal - Family - Youth - Small claims court

50. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Constitution
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Express deposit
Criminal - Family - Youth - Small claims court