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Hospitality Law
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Subjects
:
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 most difficult element of negligence to prove
Innocent - negligent - fraudulent
Proximate cause of the injury
Constitution
Lie flat to distribute the force of the impact
2. What would a careful - thoughtful person in the same circumstances have done
Types of contracts which must be in writing
Royal prerogatives
Amortization
Reasonable Person Test
3. 2 classes of servants.
Non delegable duty
Vicarious Liability
Independent contractors - employees
Players in the legal system
4. Innocent - negligent and fraudulent
The kinds of misrepresentation
The items that should be included in a job description
By Performance - By Agreement - By Frustration - By Operation of law
Contributory negligence
5. 3 types of business structures.
Absolute liability
Negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Sole proprietorship - partnership - and corporations
6. Author of the Universal Declaration of Human Rights
Invitation to treat
Negligence
Duty to mitigate
John Humphrey
7. 'Reasonable worth of the good'
Negligence Per se
Legal realism
Quantum meruit
Unconscionable transactions
8. A person who becomes ill but did not pay for the meal can sue the establishment
Contributory negligence
Non delegable duty
Neighbour principle
Land - buildings - fixtures
9. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Gratuitous bailment
Section 33 of the Charter
Floating charge
Power of Attorney
10. Spoken and written defamation
Express deposit
Slander and Libel
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The items that should be included in a job description
11. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Easement
98%
Absolute liability
Neighbour principle
12. Discrimination that is actually encouraged in our society
Players in the legal system
Land - buildings - fixtures
Merit
E. Coli
13. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
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.
Positive law
Contributory Negligence
14. Division of Lower Provincial Courts
The 2 classes of servants
Criminal - Family - Youth - Small claims court
The items that should be included in a job description
John Humphrey
15. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
E. Coli
Positive law
Players in the legal system
16. When the public is misled into believing that one company's goods or services are those a similar brand or product
The 2 classes of servants
Group termination
Unconscionable transactions
Passing off
17. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Equity financing - debt financing - sale of assets
Duty to mitigate
Food and Drugs Act
Vicarious Liability
18. What are the 5 tiers of the corporate structure.
Unilateral Contract
Shareholders - board of directors - statutory officers - employees - and creditors
4 items that should be included in the job description
Reasons a contract may be impeached
19. 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.
Contributory negligence
420 to 700 hours depending on the regional unemployment rate
Thin Skull Rule
Personal and real
20. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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21. 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
The 2 classes of servants
Easement
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
22. First stage in a criminal court procedure
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.
The parol evidence rule
Arraignment
Agent
23. Three types of offences
Ultra vires
The 4 principles of Equal Pay legislation
Summary conviction - indictable - and hybrid
Power of Attorney
24. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Actus reus
Sunset Clause
The items that should be included in a job description
Habeas corpus
25. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Fiduciary Duty
Reasons a contract may be impeached
26. The amount he merits
Option
Quantum merits
$413 or 55% of the claimant's average insured earnings (whichever is less)
Bona fide occupational requirement
27. Beyond a reasonable doubt is what probability
Acts of God - acts of a public enemy - guests' own negligence
98%
Negligence
Option
28. Promises made without consideration
Repudiation - sabotage - failure to perform
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Gratuitous Promise
Ultra vires
29. Damages imposed to make an example of the wrongdoer
Power of attorney
Negligence Per se
Exemplary damages
Reiver
30. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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31. A restriction placed on some aspect of land use.
Restrictive covenant
Acts of God - acts of a public enemy - guests' own negligence
Repudiation - sabotage - failure to perform
Express deposit
32. What are the two types of property?
Fiduciary Duty
General - Punitive - Exemplary
Vicarious liability
Personal and real
33. 5 possible consequences if you default on your mortgage?
General damages
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Gratuitous Promise
Arraignment
34. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Salmonella
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
35. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Positive law
E. Coli
Negligence Per se
420 to 700 hours depending on the regional unemployment rate
36. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Trade mark
51% or 52%
'The thing speaks for itself'
Absolute liability
37. Within the walls of the inn
Price fixing
E. Coli
Infra hospitium
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
38. 3 types of offenses in a criminal procedure
The 2 classes of servants
Common - mutual and unilateral.
Habeas corpus
Summary conviction - Indictable - Hybrid
39. In a criminal procedure list the 3 types of offenses
Uttering
Land - buildings - fixtures
Summary conviction (minor) - indictable (serious) - hybrid
Duty to mitigate
40. The exchange of benefits; the price a party pays for the promise
Contributory negligence
Fiduciary Duty
Consideration
Repudiation - Sabotage - Failure to perform
41. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
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
Arraignment
Intentional torts
To 'perfect' a lien
42. A plaintiff is partly or solely the cause of his or her own injury
Equitable estoppel
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contributory negligence
43. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Quantum merits
Discoveries Stage
Repudiation - Sabotage - Failure to perform
The 4 principles of Equal Pay legislation
44. Amount added on to a usual charge for a specific product - purpose - or service.
51% or 52%
Surcharge
Sunset Clause
Reiver
45. Stages of a civil action
'The thing speaks for itself'
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Uttering
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
46. Fundamental freedoms in Section 2 of the Charter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Res ipsa loquitar
Positive Law
47. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Notary
Intentional torts
Unconscionable transactions
Bona fide occupational requirement
48. 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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Defamation
Option
Theft of services
49. 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.
Contributory negligence
Consideration
Noncompetition/nonsolicitation clauses
Summary conviction - indictable - and hybrid
50. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Injurious Falsehood
Salmonella
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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