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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. Three types of offences
Option
Exemplary damages
Summary conviction - indictable - and hybrid
Reasons a contract may be impeached

2. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
To 'perfect' a lien
Amortization

3. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Absolute liability
Res ipsa loquitar
Power of Attorney

4. Use of another company's business name or logo without permission.
$413 or 55% of the claimant's average insured earnings (whichever is less)
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
Option
Trademark infringement

5. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Stare decisis
Merit
Intentional torts

6. What are three ways a contract is breached?
Open and notorious - unchallenged - exclusive - continuous
Nepotism
Section 33 of the Charter
Repudiation - sabotage - failure to perform

7. A duty that cannot be given to someone else
Non delegable duty
Duty to mitigate
Sole proprietorship - partnership - and corporations
Option

8. What does real property include?
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Land - buildings - fixtures
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

9. 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.
Duty to mitigate
Non est factum
Defamation
Equitable estoppel

10. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Summary conviction (minor) - indictable (serious) - hybrid
Unconscionable transactions
The 2 classes of servants
Price fixing

11. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Noncompetition/nonsolicitation clauses
Exceptions to the privity of contract rule
Sunset Clause
Duty to mitigate

12. The division of law associated with interpersonal matters
Specific deterrence - general deterrence - rehabilitation - protection of the public
Open and notorious - unchallenged - exclusive - continuous
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Private law

13. Someone who certifies documents - but does not draft documents
Notary
Passing off
Quantum meruit
Municipal government

14. 'Reasonable worth of the good'
Acts of God - acts of a public enemy - guests' own negligence
Substantive Law
Trademark infringement
Quantum meruit

15. How can an employer escape alcohol misuse liability?
Contributory Negligence
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.
Consideration
Negligent Misrepresentation

16. Beyond a reasonable doubt is what probability
Quantum merits
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The 4 principles of Equal Pay legislation

17. Latin term for within or on the premises of the inn (extension of the inn).
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Infra hospitium
Negligence Per se
Duty to mitigate

18. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Infra hospitium
Trade mark
Food and Drugs Act
Group termination

19. Independent contractors and employees.
The 2 classes of servants
Positive law
Notary
Intentional torts

20. What are the three kinds of misrepresentation?
Quantum meruit
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

21. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Thin Skull Rule
Equitable estoppal
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Power of attorney

22. What does BFOR stand for?
Bona fide occupational requirement
Unilateral Contract
Positive Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals

23. 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
Non est factum
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Vicarious Liability
Intentional - Unintentional

24. What are the 3 types of bailment?
Arraignment
Prima facie
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty

25. Latin term for 'On the face of it'.
Royal prerogatives
Trade mark
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Prima facie

26. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Positive law
Price fixing
Contributory negligence

27. The amount he merits
John Humphrey
Gratuitous Promise
Parol Evidence Rule
Quantum merits

28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Actus reus
Landlord-tenant
Constitution
Res ipsa loquitar

29. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
1) in the office - 2) every guestroom - and 3) public rooms (area).
General damages
Actus reus

30. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Merit
Players in the legal system
Bona fide occupational requirement
Passing off

31. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Repudiation - sabotage - failure to perform
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

32. When the public is misled into believing that one company's goods or services are those a similar brand or product
Negligence Per se
John Humphrey
Passing off
Summary conviction (minor) - indictable (serious) - hybrid

33. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Noncompetition/nonsolicitation clauses
General damages
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.

34. This person acts on behalf of the principal
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Summary conviction - indictable - and hybrid
Agent
Democratic rights to vote or run for election

35. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Landlord-tenant
Absolute liability
Reasons a contract may be impeached
Salmonella

36. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Reiver
Absolute liability
Ultra vires
Financial disloyalty - falsified qualifications - gross and continuing incompetence

37. A promise for an action
Agent
Surcharge
Unilateral Contract
Consideration

38. What are the two types of property?
Agent
Personal and real
Factoring
Group termination

39. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Habeas corpus
Types of contracts which must be in writing
Section 33 of the Charter
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

40. List the 3 subtle signs of intoxication.
Floating charge
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Invitation to treat

41. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Repudiation - sabotage - failure to perform
Players in the legal system
Shareholders - board of directors - statutory officers - employees - and creditors
Negligence Per se

42. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Ultra vires
Trademark infringement
Price fixing

43. Two kinds of negligence
Intentional - Unintentional
Shareholders - board of directors - statutory officers - employees - and creditors
Players in the legal system
John Humphrey

44. Notices of statutory provisions limiting liability be posted where?
The owner
Vicarious Liability
Landlord-tenant
1) in the office - 2) every guestroom - and 3) public rooms (area).

45. Which of the following rights does the Charter guarantee only to citizens of Canada
The parol evidence rule
Passing off
Exemplary damages
Democratic rights to vote or run for election

46. The level of government in charge of bylaws
Equitable estoppel
Floating charge
Municipal government
Open and notorious - unchallenged - exclusive - continuous

47. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Good Samaritan Legislation
Express deposit
Non est factum
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

48. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Innocent - negligent - fraudulent
Vicarious Liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

49. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Food and Drugs Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Types of contracts which must be in writing
Discoveries Stage

50. Once a contract is written - it cannot be changed without consent of both parties.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The parol evidence rule
Positive Law
Negligence