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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. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Private law
Absolute liability
Defenses to intentional Torts
Bona fide occupational requirement

2. You shall have the body
Habeas corpus
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Express deposit
'The thing speaks for itself'

3. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Exceptions to the privity of contract rule
Negligence Per se
4 items that should be included in the job description

4. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
51% or 52%
Innocent - negligent - fraudulent
Exceptions to the privity of contract rule

5. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Discoveries Stage
Power of attorney
4 items that should be included in the job description
Group termination

6. What does BFOR stand for?
Consideration
Constitution
Bona fide occupational requirement
Substantive Law

7. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Landlord-tenant
Injurious Falsehood
The kinds of misrepresentation
Instances under which an offer lapses

8. Selling accounts receivable at a discount.
Factoring
Absolute liability
98%
Criminal - Family - Youth - Small claims court

9. 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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Neighbour principle
Power of attorney
By Performance - By Agreement - By Frustration - By Operation of law

10. 3 types of business structures.
The 4 principles of Equal Pay legislation
Sole proprietorship - partnership - and corporations
Absolute liability
Open and notorious - unchallenged - exclusive - continuous

11. Political - religious beliefs - and affiliations
Creed
Food and Drugs Act
Instances under which an offer lapses
John Humphrey

12. The publication of a false statement about someone either verbally or in writing which damages their reputation
Lie flat to distribute the force of the impact
Section 33 of the Charter
Defamation
By Performance - By Agreement - By Frustration - By Operation of law

13. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Option
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

14. List remedies one would expect when a contract is breached
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
John Humphrey
Fiduciary Duty

15. Circumstances in which the authorities do not need a warrant to search your premises
Duty to mitigate
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Landlord-tenant
1) in the office - 2) every guestroom - and 3) public rooms (area).

16. What does real property include?
Equity financing - debt financing - sale of assets
Intentional torts
Gratuitous bailment
Land - buildings - fixtures

17. Guilty mind.
The 4 principles of Equal Pay legislation
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Mens rea

18. Law based on moral - religious or philosophical grounds
Natural Law
Shareholders - board of directors - statutory officers - employees - and creditors
Land - buildings - fixtures
The 2 classes of servants

19. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Option
Non delegable duty
4 items that should be included in the job description

20. When two or more suppliers conspire to set prices.
Summary conviction - indictable - and hybrid
Stare decisis
Price fixing
Acts of God - acts of a public enemy - guests' own negligence

21. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Invitation to treat
The 4 principles of Equal Pay legislation
6 primary purposes of tort law
Duty to mitigate

22. A symbol - word - name or device used to identify or signify a company or its product.
6 primary purposes of tort law
Defamation
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.
Trade mark

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

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24. Once a contract is written - it cannot be changed without the consent of both parties
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Option
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Parol Evidence Rule

25. When 50 or more employees are laid off within 2 months.
Trade mark
Group termination
Arraignment
Personal and real

26. The amount he merits
Quantum merits
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Absolute liability
Positive law

27. list 4 elements of bailment
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trademark infringement
The kinds of misrepresentation

28. What must be established to substantiate a claim for bailment?
Land - buildings - fixtures
Reasons a contract may be impeached
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) behavioral changes 2) changes in speech and 3) loss of co-ordination

29. Balance of probability needed to win a civil case
51% or 52%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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.
Vicarious Liability

30. Latin term for 'On the face of it'.
Prima facie
Consideration
Injurious Falsehood
Types of contracts which must be in writing

31. Innocent - negligent and fraudulent
Legal realism
The kinds of misrepresentation
Fiduciary Duty
By Performance - By Agreement - By Frustration - By Operation of law

32. Laws duly enacted by a person or body having the authority to enact and enforce them.
'The thing speaks for itself'
Damages that are imposed to punish and to make an example of the offending party
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
Positive law

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.
Noncompetition/nonsolicitation clauses
By Performance - By Agreement - By Frustration - By Operation of law
Passing off
Contributory negligence

34. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Uttering
Innocent - negligent - fraudulent
Group termination

35. A duty that cannot be given to someone else
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Nepotism
Non delegable duty
$413 or 55% of the claimant's average insured earnings (whichever is less)

36. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

37. List the 4 conditions of adverse possession. (squatter's rights)
Habeas corpus
Trade mark
Open and notorious - unchallenged - exclusive - continuous
Good Samaritan Legislation

38. Someone who certifies documents - but does not draft documents
Notary
The 4 principles of Equal Pay legislation
Disclaimer
Stare decisis

39. Legal responsibility for the negligence of another person
Notary
Food and Drugs Act
Contributory Negligence
Vicarious liability

40. 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.
Uttering
Non est factum
Fiduciary Duty
Unconscionable transactions

41. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Types of contracts which must be in writing
Common - mutual and unilateral.
Repudiation - sabotage - failure to perform

42. Author of the 1948 Universal Declaration of Human Rights
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
John Humphrey
Habeas corpus
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

43. Guilty act in Latin.
Defenses to intentional Torts
Res ipsa loquitar
Actus reus
Quantum merits

44. Minimum amount of hours needed to be eligible for EI benefits.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Easement
420 to 700 hours depending on the regional unemployment rate
Damages that are imposed to punish and to make an example of the offending party

45. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Ultra vires
Absolute liability
Option
Trade mark

46. How can an employer escape alcohol misuse liability?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Unilateral Contract
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.
Types of contracts which must be in writing

47. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Summary conviction - indictable - and hybrid
Reasons a contract may be impeached
Proximate cause of the injury
Price fixing

48. 'It stands decided'
Infra hospitium
John Humphrey
Stare decisis
Breach of contract

49. Discrimination that is actually encouraged in our society
Reasons a contract may be impeached
Merit
$413 or 55% of the claimant's average insured earnings (whichever is less)
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

50. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Exceptions to the privity of contract rule
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.
Unilateral Contract
Unconscionable transactions