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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. 'Reasonable worth of the good'
Negligent Misrepresentation
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Duty to mitigate
Quantum meruit

2. what are the four purposes of sentencing?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Specific deterrence - general deterrence - rehabilitation - protection of the public
Actus reus
Equitable estoppel

3. Law is whatever judges say it is...
Legal realism
1) in the office - 2) every guestroom - and 3) public rooms (area).
Natural Law
Quantum merits

4. Latin for 'the thing speaks for itself'
Municipal government
Unilateral Contract
Vicarious liability
Res ipsa loquitar

5. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Exemplary damages
Positive law
Instances under which an offer lapses
Actus reus

6. When the public is misled into believing that one company's goods or services are those a similar brand or product
Landlord-tenant
Passing off
Proximate cause of the injury
Duty to mitigate

7. Bailment for the sole benefit of the bailor.
Contributory negligence
Reasons a contract may be impeached
The items that should be included in a job description
Gratuitous bailment

8. Damages are awarded to compensate the injured party
General damages
Acts of God - acts of a public enemy - guests' own negligence
Stare decisis
The parol evidence rule

9. Innocent - negligent and fraudulent
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
Power of attorney
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 kinds of misrepresentation

10. Food poisoning from hamburger
E. Coli
Parol Evidence Rule
The kinds of misrepresentation
General damages

11. When two or more suppliers conspire to set prices.
Proximate cause of the injury
Floating charge
Price fixing
Damages that are imposed to punish and to make an example of the offending party

12. Amount added on to a usual charge for a specific product - purpose - or service.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
To 'perfect' a lien
Surcharge
Damages that are imposed to punish and to make an example of the offending party

13. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
John Humphrey
Equitable estoppel
'The thing speaks for itself'

14. Laws duly enacted by a person or body having the authority to enact and enforce them.
Independent contractors - employees
Positive law
Uttering
Sole proprietorship - partnership - and corporations

15. Author of the 1948 Universal Declaration of Human Rights
Ultra vires
John Humphrey
Uttering
Legal realism

16. 2 classes of servants.
Trade mark
Independent contractors - employees
Section 33 of the Charter
Exceptions to the privity of contract rule

17. Promises made without consideration
Actus reus
Gratuitous Promise
Instances under which an offer lapses
The 4 principles of Equal Pay legislation

18. 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
Section 33 of the Charter
Amortization
Absolute liability
Good Samaritan Legislation

19. The plaintiff has been injured upon the result of his own negligence
Instances under which an offer lapses
Contributory Negligence
Food and Drugs Act
Damages that are imposed to punish and to make an example of the offending party

20. 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
John Humphrey
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

21. Once a contract is written - it cannot be changed without consent of both parties.
Municipal government
Equitable estoppel
The parol evidence rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

22. Political - religious beliefs - and affiliations
Duty to mitigate
Creed
420 to 700 hours depending on the regional unemployment rate
Injurious Falsehood

23. First stage in a criminal court procedure
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional - Unintentional
Section 33 of the Charter
Arraignment

24. Surviving a falling elevator
Intentional - Unintentional
Lie flat to distribute the force of the impact
Power of Attorney
Parol Evidence Rule

25. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Damages that are imposed to punish and to make an example of the offending party
Salmonella
Disclaimer

26. Governor general and lieutenant governors
Royal prerogatives
Vicarious liability
Duty to mitigate
Habeas corpus

27. When 50 or more employees are laid off within 2 months.
Restrictive covenant
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Group termination
By Performance - By Agreement - By Frustration - By Operation of law

28. What are some of the conditions for rightful dismissal?
Agent
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Trademark infringement
Vicarious Liability

29. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Common - mutual and unilateral.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Uttering
John Humphrey

30. Use of another company's business name or logo without permission.
Proximate cause of the injury
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
Trademark infringement

31. 'To have the body'
Vicarious liability
E. Coli
Habeas corpus
Bona fide occupational requirement

32. Beyond a reasonable doubt is what probability
General - Punitive - Exemplary
E. Coli
98%
420 to 700 hours depending on the regional unemployment rate

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

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34. What are exemplary damages?
Intentional - Unintentional
Damages that are imposed to punish and to make an example of the offending party
Equity financing - debt financing - sale of assets
98%

35. 3 types of business structures.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Private law
The 2 classes of servants
Sole proprietorship - partnership - and corporations

36. Spoken and written defamation
Restrictive covenant
Slander and Libel
Option
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

37. 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
Passing off
Power of attorney
E. Coli
Repudiation - Sabotage - Failure to perform

38. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Non est factum
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Power of Attorney
Damages that are imposed to punish and to make an example of the offending party

39. Someone who certifies documents - but does not draft documents
Floating charge
Passing off
Mens rea
Notary

40. Stages of a civil action
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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

41. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Non est factum
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

42. An agreement by an offeror to leave an offer open for a specified period of time
Gratuitous Promise
Option
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Discoveries Stage

43. A duty that cannot be given to someone else
'The thing speaks for itself'
Non delegable duty
General damages
John Humphrey

44. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Nepotism
Proximate cause of the injury
Trade mark

45. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Option
The owner
Substantive Law

46. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
General damages
Prima facie
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

47. What are the 5 tiers of the corporate structure.
By Performance - By Agreement - By Frustration - By Operation of law
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum
Unilateral Contract

48. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Instances under which an offer lapses
Duty to mitigate
Exemplary damages
The owner

49. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Breach of contract
Passing off
Gratuitous Promise
Theft of services

50. Under contract law - list the three types of mistake the law recognizes.
Duty to mitigate
Common - mutual and unilateral.
Agent
Summary conviction (minor) - indictable (serious) - hybrid