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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. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Invitation to treat
John Humphrey
Fiduciary Duty

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

3. 'To have the body'
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Habeas corpus
Express deposit

4. 3 types of offenses in a criminal procedure
Theft of services
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
Quantum meruit
Summary conviction - Indictable - Hybrid

5. The publication of a false statement about someone either verbally or in writing which damages their reputation
Duty to mitigate
Lie flat to distribute the force of the impact
Invitation to treat
Defamation

6. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Group termination
Damages that are imposed to punish and to make an example of the offending party
Instances under which an offer lapses
Specific deterrence - general deterrence - rehabilitation - protection of the public

7. The exchange of benefits; the price a party pays for the promise
E. Coli
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consideration
Independent contractors - employees

8. Amount added on to a usual charge for a specific product - purpose - or service.
Notary
Actus reus and Mens rea
'The thing speaks for itself'
Surcharge

9. Damages imposed to make an example of the wrongdoer
Good Samaritan Legislation
Exemplary damages
Neighbour principle
Parol Evidence Rule

10. Alcohol misuse under the Liquor License Act
Positive law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
E. Coli
The items that should be included in a job description

11. Use of another company's business name or logo without permission.
Types of contracts which must be in writing
Trademark infringement
Unconscionable transactions
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

12. Fundamental freedoms in Section 2 of the Charter
Quantum merits
Exceptions to the privity of contract rule
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 owner

13. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reasons a contract may be impeached
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Breach of contract

14. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Gratuitous bailment
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Unilateral Contract

15. Latin term for 'It is not my deed
Equitable estoppel
Open and notorious - unchallenged - exclusive - continuous
Trade mark
Non est factum

16. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Passing off
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

17. A promise for an action
Fiduciary Duty
To 'perfect' a lien
Infra hospitium
Unilateral Contract

18. Bailment for the sole benefit of the bailor.
Non delegable duty
Option
Gratuitous bailment
Instances under which an offer lapses

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Passing off
Innocent - negligent - fraudulent
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.

20. Author of the Universal Declaration of Human Rights
Intentional - Unintentional
John Humphrey
4 items that should be included in the job description
Theft of services

21. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Absolute liability
Sole proprietorship - partnership - and corporations
Invitation to treat

22. Accommodations that are not considered 'inns'.
Merit
Intentional torts
4 items that should be included in the job description
Boarding house - a rooming house - homes for seniors - and time-share arrangements

23. An agreement by an offeror to leave an offer open for a specified period of time.
Positive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
Option
Floating charge

24. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Express deposit
Surcharge
Neighbour principle
Equitable estoppel

25. Three types of offences
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.
Summary conviction - indictable - and hybrid
Innocent - negligent - fraudulent
Notary

26. What are three ways a contract is breached?
Duty to mitigate
Uttering
Repudiation - sabotage - failure to perform
Contributory Negligence

27. Guilty mind.
Fiduciary Duty
Unconscionable transactions
Mens rea
Natural Law

28. The level of government in charge of bylaws
Negligent Misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public
Unconscionable transactions
Municipal government

29. Author of the Universal Declaration of Human Rights in 1948?
Players in the legal system
Consideration
John Humphrey
Positive law

30. List remedies one would expect when a contract is breached
Defamation
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Prima facie

31. First stage in a criminal court procedure
Arraignment
Quantum merits
Fiduciary Duty
Gratuitous Promise

32. list 4 elements of bailment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Factoring
Actus reus and Mens rea

33. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
John Humphrey
Power of Attorney

34. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Merit
Passing off
Equity financing - debt financing - sale of assets
Discoveries Stage

35. The division of law associated with interpersonal matters
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.
Contributory negligence
Private law
Notary

36. Discrimination that is actually encouraged in our society
Disclaimer
Royal prerogatives
Habeas corpus
Merit

37. Author of the 1948 Universal Declaration of Human Rights
Noncompetition/nonsolicitation clauses
Express deposit
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
John Humphrey

38. Law based on moral - religious or philosophical grounds
Equity financing - debt financing - sale of assets
Natural Law
Trade mark
Royal prerogatives

39. What are the three kinds of misrepresentation?
4 items that should be included in the job description
Innocent - negligent - fraudulent
Natural Law
Lie flat to distribute the force of the impact

40. Two kinds of negligence
Uttering
Intentional - Unintentional
Disclaimer
'The thing speaks for itself'

41. Law is whatever judges say it is...
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Legal realism
Non delegable duty
Summary conviction (minor) - indictable (serious) - hybrid

42. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Proximate cause of the injury
Unconscionable transactions
Summary conviction - Indictable - Hybrid
The items that should be included in a job description

43. Within the walls of the inn
Positive law
98%
Good Samaritan Legislation
Infra hospitium

44. Allows a legislation to override the Charter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Surcharge
The kinds of misrepresentation
Section 33 of the Charter

45. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Repudiation - sabotage - failure to perform
Proximate cause of the injury
Breach of contract

46. The plaintiff has been injured upon the result of his own negligence
Trade mark
Landlord-tenant
Contributory Negligence
Defamation

47. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Floating charge
Sole proprietorship - partnership - and corporations
Constitution
Consideration

48. It is not my deed
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Bona fide occupational requirement
Non est factum
Merit

49. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Players in the legal system
John Humphrey
Substantive Law

50. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Injurious Falsehood
Amortization