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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. What are the five stages of a civil action?
Negligence
Parol Evidence Rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Positive law

2. Minimum amount of hours needed to be eligible for EI benefits.
Intentional torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Pleadings - discoveries - pretrial and or mediation - trial - appeals
420 to 700 hours depending on the regional unemployment rate

3. In a criminal procedure list the 3 types of offenses
Actus reus and Mens rea
Reiver
Reasons a contract may be impeached
Summary conviction (minor) - indictable (serious) - hybrid

4. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Good Samaritan Legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Trade mark
Quantum meruit

5. When 50 or more employees are laid off within 2 months.
Notary
Substantive Law
Contributory negligence
Group termination

6. Governor general and lieutenant governors
Equitable estoppel
Royal prerogatives
Intentional - Unintentional
$413 or 55% of the claimant's average insured earnings (whichever is less)

7. Independent contractors and employees.
The 2 classes of servants
Legal realism
Democratic rights to vote or run for election
Defamation

8. Law created by a person or body with authority to enact and enforce it
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Lie flat to distribute the force of the impact
Non est factum
Positive Law

9. It is not my deed
The 4 principles of Equal Pay legislation
Option
Non est factum
Repudiation - Sabotage - Failure to perform

10. List the 4 conditions of adverse possession. (squatter's rights)
Habeas corpus
Express deposit
Open and notorious - unchallenged - exclusive - continuous
Passing off

11. 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
Intentional - Unintentional
Equitable estoppal
Instances under which an offer lapses

12. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Good Samaritan Legislation
Injurious Falsehood
Reasonable Person Test

13. What are exemplary damages?
The kinds of misrepresentation
Landlord-tenant
Quantum merits
Damages that are imposed to punish and to make an example of the offending party

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

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15. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Repudiation - Sabotage - Failure to perform
Four purpose of sentencing
Equitable estoppal
Slander and Libel

16. Guilty act in Latin.
Absolute liability
Actus reus
Express deposit
Exceptions to the privity of contract rule

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

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18. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Actus reus and Mens rea
Discoveries Stage
Damages that are imposed to punish and to make an example of the offending party

19. Types of Damages
Negligent Misrepresentation
Non est factum
The items that should be included in a job description
General - Punitive - Exemplary

20. Promises made without consideration
Vicarious Liability
Gratuitous Promise
General - Punitive - Exemplary
$413 or 55% of the claimant's average insured earnings (whichever is less)

21. 2 classes of servants.
Independent contractors - employees
Shareholders - board of directors - statutory officers - employees - and creditors
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory negligence

22. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Positive law
$413 or 55% of the claimant's average insured earnings (whichever is less)
Sunset Clause

23. 'It stands decided'
Summary conviction (minor) - indictable (serious) - hybrid
Common - mutual and unilateral.
Lie flat to distribute the force of the impact
Stare decisis

24. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Royal prerogatives
Vicarious Liability
Non est factum

25. Legislators - judges - jurors - lawyers - clients and police
Four purpose of sentencing
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
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.
Players in the legal system

26. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Slander and Libel
Passing off
Defenses to intentional Torts
Acts of God - acts of a public enemy - guests' own negligence

27. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Power of Attorney
Negligence
Exceptions to the privity of contract rule
Infra hospitium

28. An agreement by an offeror to leave an offer open for a specified period of time.
Breach of contract
Exceptions to the privity of contract rule
Option
Good Samaritan Legislation

29. Amount added on to a usual charge for a specific product - purpose - or service.
Intentional torts
Surcharge
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The 4 principles of Equal Pay legislation

30. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Duty to mitigate
Notary
Neighbour principle

31. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Royal prerogatives
Breach of contract

32. What are the two types of property?
Neighbour principle
Non est factum
Personal and real
Nepotism

33. A symbol - word - name or device used to identify or signify a company or its product.
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
Restrictive covenant
Sunset Clause
Trade mark

34. Res ipsa loquitur

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35. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Defenses to intentional Torts
The 4 principles of Equal Pay legislation
Constitution

36. Law based on moral - religious or philosophical grounds
Natural Law
Positive Law
Legal realism
Passing off

37. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The 4 principles of Equal Pay legislation
The 2 classes of servants

38. Two types of negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Land - buildings - fixtures
The kinds of misrepresentation
Intentional - Unintentional

39. What are some of the conditions for rightful dismissal?
Thin Skull Rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Disclaimer
Power of Attorney

40. Author of the Universal Declaration of Human Rights in 1948?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey

41. 3 types of offenses in a criminal procedure
Mens rea
Summary conviction - Indictable - Hybrid
John Humphrey
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

42. Four methods to prevent potential legal action against your business.
Types of contracts which must be in writing
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defamation
Consideration

43. A restriction placed on some aspect of land use.
Restrictive covenant
Actus reus and Mens rea
Duty to mitigate
Creed

44. What are the 3 ways employment can be terminated?
Lie flat to distribute the force of the impact
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Duty to mitigate
Vicarious liability

45. What would a careful - thoughtful person in the same circumstances have done
Discoveries Stage
Reasonable Person Test
Trademark infringement
Agent

46. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of attorney
Exemplary damages
Creed

47. Damages are awarded to compensate the injured party
General damages
Equitable estoppel
Food and Drugs Act
Financial disloyalty - falsified qualifications - gross and continuing incompetence

48. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Absolute liability
Intentional torts
Absolute liability
Positive Law

49. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Creed
John Humphrey
Passing off

50. Three types of offences
Equitable estoppel
Uttering
Summary conviction - indictable - and hybrid
420 to 700 hours depending on the regional unemployment rate