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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. Two types of negligence
Negligence Per se
Factoring
Summary conviction (minor) - indictable (serious) - hybrid
Intentional - Unintentional

2. This relationship exists when one person has the power to affect another person's property or legal interests
Types of contracts which must be in writing
Notary
Fiduciary Duty
Section 33 of the Charter

3. Alcohol misuse under the Liquor License Act
Breach of contract
Unilateral Contract
Express deposit
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

4. Law based on moral - religious or philosophical grounds
Unilateral Contract
Natural 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
Nepotism

5. Legal responsibility for the negligence of another person
Intentional - Unintentional
Defenses to intentional Torts
Absolute liability
Vicarious liability

6. Latin term for 'It is not my deed
Discoveries Stage
Royal prerogatives
Non est factum
Contributory Negligence

7. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Salmonella
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.
To 'perfect' a lien
Duty to mitigate

8. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Discoveries Stage
Exceptions to the privity of contract rule
Actus reus and Mens rea
Negligence Per se

9. Law created by a person or body with authority to enact and enforce it
Unconscionable transactions
Criminal - Family - Youth - Small claims court
Absolute liability
Positive Law

10. The period of time required to pay off the principal completely at a set interest rate.
Actus reus and Mens rea
Amortization
Gratuitous bailment
Negligence

11. Author of the Universal Declaration of Human Rights
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
John Humphrey
E. Coli
Specific deterrence - general deterrence - rehabilitation - protection of the public

12. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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13. Division of law that defines rights and remedies
Four purpose of sentencing
Intentional torts
The owner
Substantive Law

14. Fundamental freedoms in Section 2 of the Charter
Positive law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

15. A right to use another's land for a specific purpose.
Summary conviction (minor) - indictable (serious) - hybrid
4 items that should be included in the job description
Easement
Pleadings - discoveries - pretrial and or mediation - trial - appeals

16. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
John Humphrey
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.
98%

17. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Fiduciary Duty
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.
Lie flat to distribute the force of the impact

18. An advertisement is an example of this... lets people know that you are ready to accept offers
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Sole proprietorship - partnership - and corporations
Invitation to treat
Bona fide occupational requirement

19. Promises made without consideration
Four purpose of sentencing
Gratuitous Promise
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.
Sunset Clause

20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Positive law
Habeas corpus
Price fixing

21. Guilty act in Latin.
Stare decisis
Equity financing - debt financing - sale of assets
Actus reus
General damages

22. Latin term for within or on the premises of the inn (extension of the inn).
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Easement
Legal realism
Infra hospitium

23. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Intentional - Unintentional
Absolute liability
Types of contracts which must be in writing
Fiduciary Duty

24. Food Poisoning from chicken
Salmonella
Slander and Libel
Fiduciary Duty
Agent

25. Beyond a reasonable doubt is what probability
Breach of contract
Contributory negligence
98%
Negligent Misrepresentation

26. What are the three kinds of misrepresentation?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Ultra vires
'The thing speaks for itself'
Innocent - negligent - fraudulent

27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Surcharge
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.
Negligence

28. The division of law associated with interpersonal matters
Sole proprietorship - partnership - and corporations
John Humphrey
Option
Private law

29. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Slander and Libel

30. What would a careful - thoughtful person in the same circumstances have done
Repudiation - sabotage - failure to perform
Reasonable Person Test
Non delegable duty
General - Punitive - Exemplary

31. Damages are awarded to compensate the injured party
Innocent - negligent - fraudulent
Non est factum
General damages
Power of attorney

32. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Summary conviction - Indictable - Hybrid
Repudiation - sabotage - failure to perform
Gratuitous Promise
Sunset Clause

33. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
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
Ultra vires

34. 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.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Intentional - Unintentional

35. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Intentional - Unintentional
Absolute liability
Non est factum

36. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Land - buildings - fixtures
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Duty to mitigate
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

37. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Notary
Floating charge
Power of Attorney
Fiduciary Duty

38. Law is whatever judges say it is...
Legal realism
Actus reus
6 primary purposes of tort law
Non est factum

39. What does real property include?
Notary
Contributory Negligence
Land - buildings - fixtures
Vicarious liability

40. What must be established to substantiate a claim for bailment?
Unconscionable transactions
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
Option
Surcharge

41. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Private law
Power of Attorney
Repudiation - sabotage - failure to perform

42. List the 4 conditions of adverse possession. (squatter's rights)
Damages that are imposed to punish and to make an example of the offending party
Municipal government
Constitution
Open and notorious - unchallenged - exclusive - continuous

43. Bailment for the sole benefit of the bailor.
Notary
Gratuitous bailment
Mens rea
Contributory negligence

44. This person acts on behalf of the principal
Pleadings - discoveries - pretrial and or 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
The parol evidence rule
Agent

45. A plaintiff is partly or solely the cause of his or her own injury.
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.
Negligent Misrepresentation
Exceptions to the privity of contract rule
Contributory negligence

46. Within the walls of the inn
Land - buildings - fixtures
Infra hospitium
Landlord-tenant
Parol Evidence Rule

47. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Non est factum
Vicarious Liability
Proximate cause of the injury

48. An agreement by an offeror to leave an offer open for a specified period of time
Open and notorious - unchallenged - exclusive - continuous
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Option
Bona fide occupational requirement

49. Surviving a falling elevator
Innocent - negligent - fraudulent
Sole proprietorship - partnership - and corporations
Absolute liability
Lie flat to distribute the force of the impact

50. What are three ways a contract is breached
Passing off
Repudiation - Sabotage - Failure to perform
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
Consideration