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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. A promise for an action
Contributory Negligence
Unilateral Contract
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligence Per se

2. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Ultra vires
1) in the office - 2) every guestroom - and 3) public rooms (area).
Creed
Passing off

3. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Criminal - Family - Youth - Small claims court
Fiduciary Duty

4. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
The 2 classes of servants
Stare decisis
Lie flat to distribute the force of the impact

5. 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.
Independent contractors - employees
Reasons a contract may be impeached
Trade mark
Theft of services

6. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Defamation
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.
Absolute liability

7. Independent contractors and employees.
The 2 classes of servants
Democratic rights to vote or run for election
Section 33 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)

8. This person acts on behalf of the principal
Breach of contract
Surcharge
Agent
Common - mutual and unilateral.

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Passing off
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

10. An agreement by an offeror to leave an offer open for a specified period of time
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Passing off
Royal prerogatives
Option

11. Latin term for within or on the premises of the inn (extension of the inn).
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
6 primary purposes of tort law
Infra hospitium

12. List 3 ways to finance a new or existing business.
Invitation to treat
4 items that should be included in the job description
Equity financing - debt financing - sale of assets
General damages

13. Latin for guilty act and guilty mind
Municipal government
1) in the office - 2) every guestroom - and 3) public rooms (area).
Summary conviction - Indictable - Hybrid
Actus reus and Mens rea

14. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Amortization
Actus reus and Mens rea
Gratuitous Promise

15. Stages of a civil action
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Fiduciary Duty
Absolute liability

16. The price a party pays for the promise.
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.
Consideration
Power of attorney
Summary conviction - Indictable - Hybrid

17. Innocent - negligent and fraudulent
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The kinds of misrepresentation
The owner

18. Legislators - judges - jurors - lawyers - clients and police
Mens rea
The parol evidence rule
Specific deterrence - general deterrence - rehabilitation - protection of the public
Players in the legal system

19. Spoken and written defamation
Contributory negligence
Slander and Libel
Duty to mitigate
The 2 classes of servants

20. An agreement by an offeror to leave an offer open for a specified period of time.
Noncompetition/nonsolicitation clauses
420 to 700 hours depending on the regional unemployment rate
Option
Injurious Falsehood

21. When 50 or more employees are laid off within 2 months.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Restrictive covenant
Thin Skull Rule
Group termination

22. what are the four purposes of sentencing?
Disclaimer
Thin Skull Rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Specific deterrence - general deterrence - rehabilitation - protection of the public

23. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Restrictive covenant
Landlord-tenant
Positive Law
Infra hospitium

24. Who owns mislaid property?
The owner
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.
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
Reasonable Person Test

25. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).
Contributory negligence

26. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Intentional torts
Negligence Per se
John Humphrey

27. Author of the Universal Declaration of Human Rights
Negligence Per se
John Humphrey
The kinds of misrepresentation
4 items that should be included in the job description

28. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Passing off
Uttering
Infra hospitium
Contributory negligence

29. The exchange of benefits; the price a party pays for the promise
Consideration
General - Punitive - Exemplary
4 items that should be included in the job description
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

30. An advertisement is an example of this... lets people know that you are ready to accept offers
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Parol Evidence Rule
Infra hospitium
Invitation to treat

31. The amount he merits
Quantum merits
Summary conviction - Indictable - Hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consideration

32. What are the five stages of a civil action?
Non delegable duty
Municipal government
Group termination
Pleadings - discoveries - pretrial and or mediation - trial - appeals

33. Types of Damages
Vicarious Liability
Equitable estoppal
Reiver
General - Punitive - Exemplary

34. The level of government in charge of bylaws
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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exceptions to the privity of contract rule
Municipal government

35. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Quantum merits
Negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).

36. Which of the following rights does the Charter guarantee only to citizens of Canada
Defenses to intentional Torts
Democratic rights to vote or run for election
Unilateral Contract
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

37. What does real property include?
Creed
Land - buildings - fixtures
Theft of services
Group termination

38. A right to use another's land for a specific purpose.
Quantum merits
Easement
Good Samaritan Legislation
Municipal government

39. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Power of attorney
Democratic rights to vote or run for election
Surcharge

40. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Vicarious liability
Legal realism
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

41. Division of law that defines rights and remedies
Good Samaritan Legislation
Non delegable duty
Summary conviction (minor) - indictable (serious) - hybrid
Substantive Law

42. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Personal and real
Defamation
Legal realism
Defenses to intentional Torts

43. Within the walls of the inn
Infra hospitium
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.
Injurious Falsehood
Gratuitous Promise

44. Damages imposed to make an example of the wrongdoer
Vicarious liability
Express deposit
Exemplary damages
Summary conviction - Indictable - Hybrid

45. The division of law associated with interpersonal matters
Repudiation - sabotage - failure to perform
Breach of contract
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Private law

46. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Equitable estoppal
Consideration
Gratuitous Promise
Unconscionable transactions

47. Favoritism granted to relatives or friends regardless of merit
Noncompetition/nonsolicitation clauses
E. Coli
Equitable estoppel
Nepotism

48. Political - religious beliefs - and affiliations
Common - mutual and unilateral.
Open and notorious - unchallenged - exclusive - continuous
Creed
Invitation to treat

49. Alcohol misuse under the Liquor License Act
Infra hospitium
General - Punitive - Exemplary
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Summary conviction - indictable - and hybrid

50. Amount added on to a usual charge for a specific product - purpose - or service.
Municipal government
The owner
Section 33 of the Charter
Surcharge