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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. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Notary
Lie flat to distribute the force of the impact
Negligent Misrepresentation
Types of contracts which must be in writing

2. This person acts on behalf of the principal
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Agent
Power of Attorney
Factoring

3. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Salmonella
Arraignment
Non est factum

4. What are the two types of property?
Intentional - Unintentional
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Personal and real
Creed

5. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Creed
The 2 classes of servants
Surcharge

6. The division of law associated with interpersonal matters
Trademark infringement
Private law
Restrictive covenant
Good Samaritan Legislation

7. Division of law that defines rights and remedies
Absolute liability
$413 or 55% of the claimant's average insured earnings (whichever is less)
Substantive Law
Non delegable duty

8. 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.
Noncompetition/nonsolicitation clauses
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
General damages
Thin Skull Rule

9. 2 classes of servants.
To 'perfect' a lien
Reiver
Independent contractors - employees
Criminal - Family - Youth - Small claims court

10. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Bona fide occupational requirement
Disclaimer
Group termination

11. The price a party pays for the promise.
Consideration
Notary
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contributory Negligence

12. Guilty act in Latin.
Nepotism
Fiduciary Duty
Actus reus
Gratuitous Promise

13. Types of Damages
Non est factum
General - Punitive - Exemplary
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid

14. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Personal and real
By Performance - By Agreement - By Frustration - By Operation of law
Actus reus and Mens rea
Constitution

15. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Easement
Sole proprietorship - partnership - and corporations
1) in the office - 2) every guestroom - and 3) public rooms (area).

16. List the 4 conditions of adverse possession. (squatter's rights)
Lie flat to distribute the force of the impact
Open and notorious - unchallenged - exclusive - continuous
1) in the office - 2) every guestroom - and 3) public rooms (area).
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

17. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Option
Express deposit
Defamation

18. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Restrictive covenant
Trade mark
Land - buildings - fixtures

19. Discrimination that is actually encouraged in our society
Merit
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Players in the legal system
Sole proprietorship - partnership - and corporations

20. Author of the Universal Declaration of Human Rights in 1948?
Disclaimer
Quantum merits
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
John Humphrey

21. What are exemplary damages?
Passing off
The 4 principles of Equal Pay legislation
Damages that are imposed to punish and to make an example of the offending party
Criminal - Family - Youth - Small claims court

22. Law is whatever judges say it is...
Disclaimer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Legal realism
Food and Drugs Act

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Legal realism
John Humphrey
General damages
Passing off

24. Two kinds of negligence
Intentional - Unintentional
6 primary purposes of tort law
Specific deterrence - general deterrence - rehabilitation - protection of the public
Disclaimer

25. What are three ways a contract is breached
Res ipsa loquitar
Repudiation - Sabotage - Failure to perform
Noncompetition/nonsolicitation clauses
Positive Law

26. Governor general and lieutenant governors
Passing off
Royal prerogatives
Express deposit
Democratic rights to vote or run for election

27. 5 possible consequences if you default on your mortgage?
Summary conviction (minor) - indictable (serious) - hybrid
Power of Attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Duty to mitigate

28. What are the 5 tiers of the corporate structure.
Injurious Falsehood
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious Liability
The kinds of misrepresentation

29. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious Liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
To 'perfect' a lien

30. 5 reasons for evicting a guest.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Criminal - Family - Youth - Small claims court
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

31. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
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
Sunset Clause
Neighbour principle
John Humphrey

32. 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
Uttering
420 to 700 hours depending on the regional unemployment rate
Contributory negligence

33. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
The items that should be included in a job description
Independent contractors - employees
Repudiation - sabotage - failure to perform

34. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Summary conviction - Indictable - Hybrid
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Thin Skull Rule
Equitable estoppal

35. Under contract law - list the three types of mistake the law recognizes.
Repudiation - Sabotage - Failure to perform
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Common - mutual and unilateral.
Thin Skull Rule

36. What are the three kinds of misrepresentation?
The 4 principles of Equal Pay legislation
Defamation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Innocent - negligent - fraudulent

37. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
The 4 principles of Equal Pay legislation
Breach of contract
The 2 classes of servants
Mens rea

38. Latin term for 'It is not my deed
Summary conviction - Indictable - Hybrid
Non est factum
Group termination
Types of contracts which must be in writing

39. You shall have the body
Restrictive covenant
Vicarious Liability
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

40. A right to use another's land for a specific purpose.
Easement
Infra hospitium
Passing off
Actus reus

41. Regulation - deterrence - compensation - dispute resolution - education and prevention
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
6 primary purposes of tort 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.

42. Allows a legislation to override the Charter
Players in the legal system
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Factoring
Section 33 of the Charter

43. Two types of negligence
Duty to mitigate
Restrictive covenant
Defamation
Intentional - Unintentional

44. The amount he merits
Quantum merits
Absolute liability
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
Actus reus and Mens rea

45. Fundamental freedoms in Section 2 of the Charter
'The thing speaks for itself'
The 2 classes of servants
Factoring
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

46. When two or more suppliers conspire to set prices.
Price fixing
Intentional - Unintentional
Reasonable Person Test
Summary conviction - Indictable - Hybrid

47. What are the five stages of a civil action?
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
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Exemplary damages
Intentional - Unintentional

48. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Positive law
Reasons a contract may be impeached
Habeas corpus
Land - buildings - fixtures

49. Res ipsa loquitur

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50. The most difficult element of negligence to prove
Proximate cause of the injury
Independent contractors - employees
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The 4 principles of Equal Pay legislation