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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. Law is whatever judges say it is...
Legal realism
Quantum merits
Passing off
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

2. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Sole proprietorship - partnership - and corporations
Absolute liability
Good Samaritan Legislation

3. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Constitution
Municipal government
4 items that should be included in the job description

4. 3 types of business structures.
Prima facie
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sole proprietorship - partnership - and corporations
Notary

5. What must be established to substantiate a claim for bailment?
Easement
The kinds of misrepresentation
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

6. Latin for guilty act and guilty mind
Discoveries Stage
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Actus reus and Mens rea
Intentional - Unintentional

7. Surviving a falling elevator
Lie flat to distribute the force of the impact
Land - buildings - fixtures
Specific deterrence - general deterrence - rehabilitation - protection of the public
Easement

8. Bailment for the sole benefit of the bailor.
Res ipsa loquitar
Gratuitous bailment
Unilateral Contract
Agent

9. What are the two types of property?
Duty to mitigate
Surcharge
Land - buildings - fixtures
Personal and real

10. Conditions for rightful dismissal.
Contributory Negligence
Gratuitous Promise
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Parol Evidence Rule

11. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Option
Food and Drugs Act
General - Punitive - Exemplary
Summary conviction - Indictable - Hybrid

12. You shall have the body
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.
Habeas corpus
Agent

13. Food poisoning from hamburger
Passing off
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Players in the legal system
E. Coli

14. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
The 2 classes of servants
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Criminal - Family - Youth - Small claims court
Duty to mitigate

15. Guilty act in Latin.
Actus reus
Equitable estoppel
Discoveries Stage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

16. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Vicarious Liability
Intentional - Unintentional
Passing off
Nepotism

17. When the police do not need a warrant to search your residence and/or business?
Fiduciary Duty
Easement
Discoveries Stage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

18. This person acts on behalf of the principal
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Agent
Exceptions to the privity of contract rule
Surcharge

19. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Power of attorney
Innocent - negligent - fraudulent

20. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Non est factum
Royal prerogatives
Reasonable Person Test

21. 'To have the body'
Neighbour principle
Non est factum
Habeas corpus
Surcharge

22. 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
Personal and real
Vicarious Liability
Criminal - Family - Youth - Small claims court
Food and Drugs Act

23. In a criminal procedure list the 3 types of offenses
6 primary purposes of tort law
Acts of God - acts of a public enemy - guests' own negligence
Summary conviction (minor) - indictable (serious) - hybrid
Independent contractors - employees

24. Latin for 'the thing speaks for itself'
Res ipsa loquitar
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Nepotism
Vicarious liability

25. Laws duly enacted by a person or body having the authority to enact and enforce them.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Positive law
Repudiation - Sabotage - Failure to perform
John Humphrey

26. Beyond a reasonable doubt is what probability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey
Positive Law
98%

27. Two kinds of negligence
Reiver
Discoveries Stage
Types of contracts which must be in writing
Intentional - Unintentional

28. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Substantive Law
Types of contracts which must be in writing
Negligence
Ultra vires

29. A plaintiff is partly or solely the cause of his or her own injury.
Landlord-tenant
Contributory negligence
Actus reus and Mens rea
Easement

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Positive law
Uttering
Summary conviction (minor) - indictable (serious) - hybrid

31. What are the five stages of a civil action?
Prima facie
Slander and Libel
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Pleadings - discoveries - pretrial and or mediation - trial - appeals

32. A plaintiff is partly or solely the cause of his or her own injury
Passing off
Contributory negligence
Agent
Open and notorious - unchallenged - exclusive - continuous

33. What does BFOR stand for?
Bona fide occupational requirement
Municipal government
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
Defenses to intentional Torts

34. Stages of a civil action
Good Samaritan Legislation
Infra hospitium
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Four purpose of sentencing

35. Governor general and lieutenant governors
Trade mark
Infra hospitium
Royal prerogatives
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

36. A duty that cannot be given to someone else
Non delegable duty
Equitable estoppel
Power of Attorney
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

37. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Reasons a contract may be impeached
Innocent - negligent - fraudulent
Disclaimer
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

38. What are three ways a contract is breached?
Uttering
Repudiation - sabotage - failure to perform
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

39. Which of the following rights does the Charter guarantee only to citizens of Canada
Agent
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.
Non delegable duty
Democratic rights to vote or run for election

40. Types of Damages
Stare decisis
Vicarious Liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
General - Punitive - Exemplary

41. An agreement by an offeror to leave an offer open for a specified period of time
Option
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Exceptions to the privity of contract rule
Specific deterrence - general deterrence - rehabilitation - protection of the public

42. When two or more suppliers conspire to set prices.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Price fixing
Non est factum
Neighbour principle

43. Once a contract is written - it cannot be changed without consent of both parties.
Contributory Negligence
Intentional - Unintentional
The parol evidence rule
Merit

44. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Power of attorney
Reasons a contract may be impeached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Defamation

45. What are some of the conditions for rightful dismissal?
Bona fide occupational requirement
Financial disloyalty - falsified qualifications - gross and continuing incompetence
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.
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.

46. Within the walls of the inn
Agent
Defenses to intentional Torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Infra hospitium

47. Regulation - deterrence - compensation - dispute resolution - education and prevention
Uttering
6 primary purposes of tort law
Contributory negligence
Defenses to intentional Torts

48. 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.
Fiduciary Duty
Criminal - Family - Youth - Small claims court
Injurious Falsehood
Exceptions to the privity of contract rule

49. What is the maximum weekly EI benefit?

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50. List 5/6 items employers can expect from their employees
Repudiation - sabotage - failure to perform
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
4 items that should be included in the job description
Actus reus