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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. An agreement by an offeror to leave an offer open for a specified period of time.
Disclaimer
Sole proprietorship - partnership - and corporations
Option
By Performance - By Agreement - By Frustration - By Operation of law

2. Alcohol misuse under the Liquor License Act
Reasonable Person Test
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Nepotism
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

3. A duty that cannot be given to someone else
Non delegable duty
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Option
Arraignment

4. What are some of the conditions for rightful dismissal?
Group termination
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The kinds of misrepresentation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

5. What are the five stages of a civil action?
Sunset Clause
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - indictable - and hybrid
The owner

6. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Exceptions to the privity of contract rule
Vicarious Liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate

7. An agreement by an offeror to leave an offer open for a specified period of time
Intentional - Unintentional
Actus reus and Mens rea
Quantum merits
Option

8. List 3 ways to finance a new or existing business.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equity financing - debt financing - sale of assets
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

9. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Vicarious liability
Intentional torts
Damages that are imposed to punish and to make an example of the offending party
Instances under which an offer lapses

10. Laws duly enacted by a person or body having the authority to enact and enforce them.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Merit
Positive law
Common - mutual and unilateral.

11. Spoken and written defamation
Slander and Libel
Vicarious Liability
Acts of God - acts of a public enemy - guests' own negligence
Ultra vires

12. Food Poisoning from chicken
Open and notorious - unchallenged - exclusive - continuous
Intentional torts
Land - buildings - fixtures
Salmonella

13. How can an employer escape alcohol misuse liability?
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.
Restrictive covenant
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.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

14. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Surcharge
Injurious Falsehood
Easement
Landlord-tenant

15. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
The kinds of misrepresentation
Disclaimer
Proximate cause of the injury
Substantive Law

16. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Restrictive covenant
$413 or 55% of the claimant's average insured earnings (whichever is less)
Four purpose of sentencing
Parol Evidence Rule

17. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Innocent - negligent - fraudulent
Players in the legal system
Passing off

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

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19. Guilty act in Latin.
Reasons a contract may be impeached
Actus reus
4 items that should be included in the job description
Price fixing

20. Amount added on to a usual charge for a specific product - purpose - or service.
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.
Disclaimer
Equitable estoppel
Surcharge

21. What is the maximum weekly EI benefit?

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22. In a criminal procedure list the 3 types of offenses
Positive law
Summary conviction (minor) - indictable (serious) - hybrid
Notary
Exemplary damages

23. The division of law associated with interpersonal matters
Passing off
6 primary purposes of tort law
Private law
1) in the office - 2) every guestroom - and 3) public rooms (area).

24. Types of Damages
Four purpose of sentencing
General - Punitive - Exemplary
Good Samaritan Legislation
Habeas corpus

25. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Exceptions to the privity of contract rule
Passing off
Absolute liability

26. Res ipsa loquitur

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27. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Bona fide occupational requirement
Passing off
Defamation
$413 or 55% of the claimant's average insured earnings (whichever is less)

28. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Creed
Repudiation - Sabotage - Failure to perform
Invitation to treat

29. List remedies one would expect when a contract is breached
Constitution
Gratuitous bailment
Actus reus and Mens rea
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

30. Three types of offences
Common - mutual and unilateral.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
John Humphrey
Summary conviction - indictable - and hybrid

31. Author of the Universal Declaration of Human Rights in 1948?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Creed
John Humphrey
Specific deterrence - general deterrence - rehabilitation - protection of the public

32. What are the 3 types of bailment?
Instances under which an offer lapses
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter
Criminal - Family - Youth - Small claims court

33. Two kinds of negligence
Gratuitous Promise
Intentional - Unintentional
Food and Drugs Act
'The thing speaks for itself'

34. What does real property include?
Land - buildings - fixtures
Section 33 of the Charter
Summary conviction (minor) - indictable (serious) - hybrid
Good Samaritan Legislation

35. 'It stands decided'
Stare decisis
Reasonable Person Test
Reasons a contract may be impeached
Absolute liability

36. List the 3 subtle signs of intoxication.
Players in the legal system
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Defamation
Constitution

37. Favoritism granted to relatives or friends regardless of merit
Neighbour principle
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Nepotism
E. Coli

38. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Actus reus and Mens rea
Types of contracts which must be in writing
6 primary purposes of tort law

39. When two or more suppliers conspire to set prices.
Price fixing
Thin Skull Rule
Shareholders - board of directors - statutory officers - employees - and creditors
Trademark infringement

40. First stage in a criminal court procedure
Natural Law
Arraignment
$413 or 55% of the claimant's average insured earnings (whichever is less)
Option

41. A promise for an action
Land - buildings - fixtures
Municipal government
Unilateral Contract
The 2 classes of servants

42. The plaintiff has been injured upon the result of his own negligence
Unconscionable transactions
Contributory Negligence
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.
Neighbour principle

43. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Vicarious liability
Parol Evidence Rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

44. Latin term for within or on the premises of the inn (extension of the inn).
Thin Skull Rule
Bona fide occupational requirement
Infra hospitium
Exceptions to the privity of contract rule

45. 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
Habeas corpus
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
Proximate cause of the injury
Vicarious Liability

46. A person who becomes ill but did not pay for the meal can sue the establishment
Unconscionable transactions
Uttering
Salmonella
Neighbour principle

47. Promises made without consideration
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Gratuitous Promise
Reiver
'The thing speaks for itself'

48. Independent contractors and employees.
The items that should be included in a job description
Democratic rights to vote or run for election
Contributory negligence
The 2 classes of servants

49. What are the 5 tiers of the corporate structure.
Breach of contract
Ultra vires
Shareholders - board of directors - statutory officers - employees - and creditors
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.

50. When the public is misled into believing that one company's goods or services are those a similar brand or product
Disclaimer
Passing off
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
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.