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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. How can an employer escape alcohol misuse liability?
Contributory negligence
Common - mutual and unilateral.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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.

2. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Discoveries Stage
Absolute liability
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.

3. Legal responsibility for the negligence of another person
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Democratic rights to vote or run for election
Vicarious liability
Substantive Law

4. Author of the Universal Declaration of Human Rights
Option
John Humphrey
Parol Evidence Rule
Theft of services

5. 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
The 2 classes of servants
Equitable estoppal
Vicarious Liability
Power of attorney

6. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
6 primary purposes of tort law
Noncompetition/nonsolicitation clauses
Democratic rights to vote or run for election
Instances under which an offer lapses

7. What does BFOR stand for?
Surcharge
Reasonable Person Test
Bona fide occupational requirement
Habeas corpus

8. Law created by a person or body with authority to enact and enforce it
Positive Law
Types of contracts which must be in writing
Express deposit
General damages

9. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Section 33 of the Charter
Surcharge
Ultra vires
The parol evidence rule

10. An agreement by an offeror to leave an offer open for a specified period of time
The 2 classes of servants
The owner
Option
Democratic rights to vote or run for election

11. This person acts on behalf of the principal
Agent
Municipal government
E. Coli
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

12. Guilty act in Latin.
Sole proprietorship - partnership - and corporations
Power of Attorney
Negligent Misrepresentation
Actus reus

13. Stages of a civil action
The 2 classes of servants
Independent contractors - employees
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Theft of services

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

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15. What are the five stages of a civil action?
Duty to mitigate
Res ipsa loquitar
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Defenses to intentional Torts

16. Balance of probability needed to win a civil case
Salmonella
Slander and Libel
51% or 52%
Nepotism

17. The plaintiff has been injured upon the result of his own negligence
Contributory 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
Royal prerogatives
Defenses to intentional Torts

18. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Repudiation - sabotage - failure to perform
Negligent Misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

19. Minimum amount of hours needed to be eligible for EI benefits.
Reiver
420 to 700 hours depending on the regional unemployment rate
Notary
Natural Law

20. The price a party pays for the promise.
Legal realism
Slander and Libel
Equitable estoppal
Consideration

21. The publication of a false statement about someone either verbally or in writing which damages their reputation
Natural Law
Defamation
Intentional - Unintentional
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

22. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non est factum
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

23. Food Poisoning from chicken
Salmonella
1) in the office - 2) every guestroom - and 3) public rooms (area).
Acts of God - acts of a public enemy - guests' own negligence
Good Samaritan Legislation

24. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Landlord-tenant
Notary
Uttering

25. List 5/6 items employers can expect from their employees
Specific deterrence - general deterrence - rehabilitation - protection of the public
Uttering
Unconscionable transactions
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

26. An advertisement is an example of this... lets people know that you are ready to accept offers
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Good Samaritan Legislation
Invitation to treat

27. Latin term for 'On the face of it'.
Prima facie
Mens rea
Uttering
Intentional torts

28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Sole proprietorship - partnership - and corporations
Discoveries Stage
Substantive Law

29. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Reiver
Pleadings - discoveries - pretrial and or mediation - trial - appeals
51% or 52%

30. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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 kinds of misrepresentation

31. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Gratuitous Promise
Factoring

32. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Noncompetition/nonsolicitation clauses
Sunset Clause
Parol Evidence Rule

33. What are the 5 tiers of the corporate structure.
Proximate cause of the injury
Shareholders - board of directors - statutory officers - employees - and creditors
Res ipsa loquitar
Innocent - negligent - fraudulent

34. 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
Power of attorney
Non delegable duty
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.
6 primary purposes of tort law

35. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
The kinds of misrepresentation
Negligence
Legal realism
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

36. 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.
Theft of services
Reasonable Person Test
Actus reus
6 primary purposes of tort law

37. Latin for guilty act and guilty mind
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
Royal prerogatives
'The thing speaks for itself'

38. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Res ipsa loquitar
The items that should be included in a job description
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Disclaimer

39. What would a careful - thoughtful person in the same circumstances have done
Equity financing - debt financing - sale of assets
Vicarious liability
Uttering
Reasonable Person Test

40. Allows a legislation to override the Charter
Legal realism
John Humphrey
Section 33 of the Charter
Non est factum

41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Reiver
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
Passing off
Thin Skull Rule

42. Division of Lower Provincial Courts
Contributory negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Criminal - Family - Youth - Small claims court
Group termination

43. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Invitation to treat
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Actus reus and Mens rea

44. Damages are awarded to compensate the injured party
Thin Skull Rule
General damages
Players in the legal system
Quantum meruit

45. 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
Democratic rights to vote or run for election
Actus reus
Negligence
Good Samaritan Legislation

46. Bailment for the sole benefit of the bailor.
Invitation to treat
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory Negligence
Gratuitous bailment

47. Most difficult element of negligence to prove
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
Duty to mitigate
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

48. List the 3 subtle signs of intoxication.
98%
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
$413 or 55% of the claimant's average insured earnings (whichever is less)

49. Law based on moral - religious or philosophical grounds
Natural Law
Power of Attorney
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction (minor) - indictable (serious) - hybrid

50. When 50 or more employees are laid off within 2 months.
Independent contractors - employees
Group termination
Fiduciary Duty
Summary conviction (minor) - indictable (serious) - hybrid