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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. A plaintiff is partly or solely the cause of his or her own injury
The items that should be included in a job description
Contributory negligence
Amortization
Invitation to treat

2. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Negligence
John Humphrey
Discoveries Stage

3. 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.
Positive law
Noncompetition/nonsolicitation clauses
Negligent Misrepresentation
The parol evidence rule

4. list 4 elements of bailment
Repudiation - sabotage - failure to perform
Passing off
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Res ipsa loquitar

5. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Trade mark
98%
Passing off
Consideration

6. Discrimination that is actually encouraged in our society
Merit
Lie flat to distribute the force of the impact
The parol evidence rule
Vicarious Liability

7. Innocent - negligent and fraudulent
Vicarious liability
Floating charge
E. Coli
The kinds of misrepresentation

8. List the 4 conditions of adverse possession. (squatter's rights)
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Democratic rights to vote or run for election
Nepotism
Open and notorious - unchallenged - exclusive - continuous

9. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Express deposit
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
Neighbour principle

10. Latin term for 'It is not my deed
Non est factum
Shareholders - board of directors - statutory officers - employees - and creditors
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
John Humphrey

11. This relationship exists when one person has the power to affect another person's property or legal interests
Reasons a contract may be impeached
Non est factum
Four purpose of sentencing
Fiduciary Duty

12. 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
Power of attorney
Duty to mitigate
Damages that are imposed to punish and to make an example of the offending party
Trademark infringement

13. 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.
John Humphrey
Equitable estoppel
Noncompetition/nonsolicitation clauses
The kinds of misrepresentation

14. Balance of probability needed to win a civil case
Contributory negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
General - Punitive - Exemplary
51% or 52%

15. 2 classes of servants.
Reasons a contract may be impeached
$413 or 55% of the claimant's average insured earnings (whichever is less)
Independent contractors - employees
Sunset Clause

16. Laws duly enacted by a person or body having the authority to enact and enforce them.
Consideration
Positive law
Amortization
Theft of services

17. Use of another company's business name or logo without permission.
Trademark infringement
Merit
Gratuitous Promise
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

18. What are some of the conditions for rightful dismissal?
Discoveries Stage
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.
Independent contractors - employees
Financial disloyalty - falsified qualifications - gross and continuing incompetence

19. List the 3 subtle signs of intoxication.
Mens rea
Breach of contract
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Nepotism

20. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Option
Innocent - negligent - fraudulent
Actus reus and Mens rea
Unconscionable transactions

21. The level of government in charge of bylaws
Contributory negligence
Natural Law
Reasonable Person Test
Municipal government

22. Once a contract is written - it cannot be changed without consent of both parties.
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
The parol evidence rule
Discoveries Stage
Negligence

23. Fundamental freedoms in Section 2 of the Charter
Repudiation - sabotage - failure to perform
Constitution
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Mens rea

24. What are exemplary damages?
Power of Attorney
Quantum meruit
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule

25. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Sunset Clause
Group termination
Landlord-tenant

26. Surviving a falling elevator
Lie flat to distribute the force of the impact
Invitation to treat
Acts of God - acts of a public enemy - guests' own negligence
Mens rea

27. Author of the 1948 Universal Declaration of Human Rights
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Lie flat to distribute the force of the impact
John Humphrey

28. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Natural Law
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.
Intentional - Unintentional

29. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Easement
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Landlord-tenant

30. Alcohol misuse under the Liquor License Act
Power of Attorney
John Humphrey
Parol Evidence Rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

31. Promises made without consideration
Gratuitous Promise
Personal and real
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

32. 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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Royal prerogatives
98%

33. First stage in a criminal court procedure
Arraignment
Fiduciary Duty
Equitable estoppel
John Humphrey

34. Three types of offences
Summary conviction - indictable - and hybrid
Unconscionable transactions
Bona fide occupational requirement
Defamation

35. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Vicarious liability
The kinds of misrepresentation
Invitation to treat

36. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Group termination
Invitation to treat
Notary

37. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
John Humphrey
Nepotism
Disclaimer
Trade mark

38. Guilty act in Latin.
Absolute liability
Actus reus
By Performance - By Agreement - By Frustration - By Operation of law
4 items that should be included in the job description

39. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Acts of God - acts of a public enemy - guests' own negligence
Express deposit
Actus reus and Mens rea
Infra hospitium

40. Two types of negligence
Non delegable duty
Vicarious liability
Prima facie
Intentional - Unintentional

41. Who owns mislaid property?
420 to 700 hours depending on the regional unemployment rate
Option
The owner
Price fixing

42. Law created by a person or body with authority to enact and enforce it
51% or 52%
Positive Law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Quantum merits

43. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Unilateral Contract
Creed
Duty to mitigate

44. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Exemplary damages
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasons a contract may be impeached
By Performance - By Agreement - By Frustration - By Operation of law

45. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Positive Law
Summary conviction - Indictable - Hybrid
Negligence Per se
Res ipsa loquitar

46. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Restrictive covenant
Sunset Clause
Negligence
Proximate cause of the injury

47. Division of law that defines rights and remedies
Substantive Law
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
Players in the legal system
Easement

48. In a criminal procedure list the 3 types of offenses
Trade mark
Positive Law
Summary conviction (minor) - indictable (serious) - hybrid
Defenses to intentional Torts

49. The most difficult element of negligence to prove
Reasonable Person Test
Quantum meruit
Mens rea
Proximate cause of the injury

50. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Instances under which an offer lapses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Neighbour principle
Types of contracts which must be in writing