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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. When the police do not need a warrant to search your residence and/or business?
Power of Attorney
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

2. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Unilateral Contract
Summary conviction - Indictable - Hybrid
Types of contracts which must be in writing
Factoring

3. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Open and notorious - unchallenged - exclusive - continuous
Reasons a contract may be impeached
Floating charge
Injurious Falsehood

4. What are the 3 types of bailment?
Passing off
The 4 principles of Equal Pay legislation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

5. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Duty to mitigate
Landlord-tenant
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Food and Drugs Act

6. Latin for 'the thing speaks for itself'
Disclaimer
Exceptions to the privity of contract rule
Res ipsa loquitar
Criminal - Family - Youth - Small claims court

7. What are three ways a contract is breached?
Sole proprietorship - partnership - and corporations
Sunset Clause
Repudiation - sabotage - failure to perform
The 2 classes of servants

8. Regulation - deterrence - compensation - dispute resolution - education and prevention
Agent
Substantive Law
6 primary purposes of tort law
Common - mutual and unilateral.

9. The publication of a false statement about someone either verbally or in writing which damages their reputation
Food and Drugs Act
Theft of services
Defamation
Summary conviction - Indictable - Hybrid

10. Law based on moral - religious or philosophical grounds
Natural Law
Positive law
51% or 52%
Absolute liability

11. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reasons a contract may be impeached
Actus reus

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

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13. 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
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

14. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Non delegable duty
Res ipsa loquitar
Negligence Per se

15. A plaintiff is partly or solely the cause of his or her own injury.
Option
The kinds of misrepresentation
Sunset Clause
Contributory negligence

16. Innocent - negligent and fraudulent
The kinds of misrepresentation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Intentional - Unintentional
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

17. 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
Good Samaritan Legislation
Vicarious liability
Innocent - negligent - fraudulent
E. Coli

18. Independent contractors and employees.
The items that should be included in a job description
The 2 classes of servants
Passing off
Vicarious Liability

19. What does real property include?
Defamation
Land - buildings - fixtures
Substantive Law
Vicarious Liability

20. When two or more suppliers conspire to set prices.
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Price fixing
Defenses to intentional Torts

21. Promises made without consideration
Trade mark
Gratuitous Promise
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Good Samaritan Legislation

22. Three types of offences
Fiduciary Duty
John Humphrey
Summary conviction - indictable - and hybrid
Price fixing

23. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Absolute liability
Creed
Injurious Falsehood

24. A plaintiff is partly or solely the cause of his or her own injury
To 'perfect' a lien
Reasonable Person Test
Contributory negligence
Repudiation - sabotage - failure to perform

25. Division of law that defines rights and remedies
Thin Skull Rule
Infra hospitium
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.
Substantive Law

26. Someone who certifies documents - but does not draft documents
Notary
General - Punitive - Exemplary
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

27. What are three ways a contract is breached
Positive law
Repudiation - Sabotage - Failure to perform
Nepotism
Section 33 of the Charter

28. When the public is misled into believing that one company's goods or services are those a similar brand or product
John Humphrey
Express deposit
Infra hospitium
Passing off

29. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Positive law
To 'perfect' a lien
Defenses to intentional Torts

30. What must be established to substantiate a claim for bailment?
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
Bona fide occupational requirement
Equity financing - debt financing - sale of assets

31. Under contract law - list the three types of mistake the law recognizes.
Amortization
Gratuitous bailment
Common - mutual and unilateral.
Boarding house - a rooming house - homes for seniors - and time-share arrangements

32. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Ultra vires
Landlord-tenant
Passing off
Mens rea

33. Latin term for within or on the premises of the inn (extension of the inn).
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Reasons a contract may be impeached
Infra hospitium
Arraignment

34. Within the walls of the inn
Intentional - Unintentional
Reiver
Non est factum
Infra hospitium

35. Allows a legislation to override the Charter
John Humphrey
General damages
Damages that are imposed to punish and to make an example of the offending party
Section 33 of the Charter

36. Latin term for 'On the face of it'.
Prima facie
Quantum merits
Lie flat to distribute the force of the impact
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

37. 'It stands decided'
Prima facie
Res ipsa loquitar
Stare decisis
Financial disloyalty - falsified qualifications - gross and continuing incompetence

38. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The owner
Democratic rights to vote or run for election
Four purpose of sentencing

39. The level of government in charge of bylaws
Municipal government
Power of Attorney
Summary conviction (minor) - indictable (serious) - hybrid
Repudiation - sabotage - failure to perform

40. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
John Humphrey
Reasons a contract may be impeached
Contributory negligence
4 items that should be included in the job description

41. Accommodations that are not considered 'inns'.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Thin Skull Rule
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Boarding house - a rooming house - homes for seniors - and time-share arrangements

42. Beyond a reasonable doubt is what probability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
98%

43. This relationship exists when one person has the power to affect another person's property or legal interests
Salmonella
Summary conviction - indictable - and hybrid
Injurious Falsehood
Fiduciary Duty

44. Selling accounts receivable at a discount.
Democratic rights to vote or run for election
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Factoring

45. Circumstances in which the authorities do not need a warrant to search your premises
Positive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Private law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

46. How contracts can be discharged
Non delegable duty
By Performance - By Agreement - By Frustration - By Operation of law
Legal realism
Constitution

47. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
6 primary purposes of tort law
Summary conviction - Indictable - Hybrid
Gratuitous bailment

48. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
The 4 principles of Equal Pay legislation

49. Res ipsa loquitur

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50. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Exceptions to the privity of contract rule
To 'perfect' a lien
Negligent Misrepresentation