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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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 when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Proximate cause of the injury
Equitable estoppel

2. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Passing off
Absolute liability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Constitution

3. Damages are awarded to compensate the injured party
Slander and Libel
Passing off
General damages
Intentional torts

4. Legal responsibility for the negligence of another person
Vicarious liability
Exceptions to the privity of contract rule
Surcharge
Stare decisis

5. Four methods to prevent potential legal action against your business.
Arraignment
Absolute liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defenses to intentional Torts

6. Legislators - judges - jurors - lawyers - clients and police
Open and notorious - unchallenged - exclusive - continuous
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Players in the legal system
Legal realism

7. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Exemplary damages
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.

8. You shall have the body
Power of attorney
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
Habeas corpus

9. Defaming a business - a product or a property rather than a person.
Types of contracts which must be in writing
Instances under which an offer lapses
Non est factum
Injurious Falsehood

10. Minimum amount of hours needed to be eligible for EI benefits.
Vicarious liability
Sole proprietorship - partnership - and corporations
Royal prerogatives
420 to 700 hours depending on the regional unemployment rate

11. This person acts on behalf of the principal
Power of Attorney
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Agent
Merit

12. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Theft of services
Types of contracts which must be in writing
Negligence
Discoveries Stage

13. Favoritism granted to relatives or friends regardless of merit
Municipal government
Democratic rights to vote or run for election
Agent
Nepotism

14. What are the three kinds of misrepresentation?
Types of contracts which must be in writing
Natural Law
Innocent - negligent - fraudulent
Slander and Libel

15. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Easement
Restrictive covenant
Group termination

16. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Common - mutual and unilateral.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Surcharge

17. Under contract law - list the three types of mistake the law recognizes.
4 items that should be included in the job description
Sole proprietorship - partnership - and corporations
Common - mutual and unilateral.
Gratuitous bailment

18. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
51% or 52%
Group termination
Creed

19. Someone who certifies documents - but does not draft documents
Legal realism
Notary
Landlord-tenant
Option

20. Stages of a civil action
Summary conviction - indictable - and hybrid
Non est factum
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

21. Within the walls of the inn
Trade mark
Infra hospitium
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Actus reus and Mens rea

22. A promise for an action
Injurious Falsehood
Unilateral Contract
Equitable estoppal
Absolute liability

23. 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.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Proximate cause of the injury
Theft of services
John Humphrey

24. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Factoring
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
Actus reus
Disclaimer

25. Another word for 'reafian'?
Reiver
Intentional - Unintentional
Express deposit
Contributory Negligence

26. Law created by a person or body with authority to enact and enforce it
Positive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Exceptions to the privity of contract rule
Defamation

27. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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28. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Sole proprietorship - partnership - and corporations
General - Punitive - Exemplary
Gratuitous Promise

29. What does real property include?
Land - buildings - fixtures
Trademark infringement
Theft of services
Uttering

30. list 4 elements of bailment
Intentional - Unintentional
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
4 items that should be included in the job description

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

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32. When the police do not need a warrant to search your residence and/or business?
Players in the legal system
420 to 700 hours depending on the regional unemployment rate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Habeas corpus

33. Latin term for 'On the face of it'.
98%
Prima facie
To 'perfect' a lien
Power of attorney

34. 'To have the body'
Habeas corpus
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

35. 2 classes of servants.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Creed
Independent contractors - employees
Equity financing - debt financing - sale of assets

36. Laws duly enacted by a person or body having the authority to enact and enforce them.
Express deposit
Infra hospitium
Positive law
Theft of services

37. An advertisement is an example of this... lets people know that you are ready to accept offers
Equitable estoppel
Invitation to treat
Gratuitous Promise
Duty to mitigate

38. Accommodations that are not considered 'inns'.
Prima facie
Ultra vires
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Personal and real

39. 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.
Res ipsa loquitar
Noncompetition/nonsolicitation clauses
Fiduciary Duty
98%

40. Spoken and written defamation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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
Slander and Libel
Intentional torts

41. Bailment for the sole benefit of the bailor.
Duty to mitigate
Acts of God - acts of a public enemy - guests' own negligence
Gratuitous bailment
Merit

42. A duty that cannot be given to someone else
Stare decisis
Non delegable duty
Uttering
420 to 700 hours depending on the regional unemployment rate

43. Circumstances in which the authorities do not need a warrant to search your premises
The items that should be included in a job description
Types of contracts which must be in writing
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Summary conviction (minor) - indictable (serious) - hybrid

44. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus and Mens rea
Land - buildings - fixtures

45. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
By Performance - By Agreement - By Frustration - By Operation of law
Duty to mitigate
Non delegable duty
Contributory Negligence

46. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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47. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Group termination
Substantive Law
Mens rea

48. The most difficult element of negligence to prove
Proximate cause of the injury
The 2 classes of servants
Negligent Misrepresentation
Defenses to intentional Torts

49. 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?
Vicarious Liability
Breach of contract
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

50. Balance of probability needed to win a civil case
Exceptions to the privity of contract rule
51% or 52%
Agent
Exemplary damages