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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. Use of another company's business name or logo without permission.
Fiduciary Duty
Trademark infringement
Negligent Misrepresentation
Power of Attorney

2. The exchange of benefits; the price a party pays for the promise
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
Neighbour principle
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

3. Types of Damages
Restrictive covenant
Option
General - Punitive - Exemplary
Invitation to treat

4. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Repudiation - sabotage - failure to perform
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Floating charge
Land - buildings - fixtures

5. A duty that cannot be given to someone else
Innocent - negligent - fraudulent
Express deposit
Injurious Falsehood
Non delegable duty

6. What is the maximum weekly EI benefit?

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7. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Prima facie
The owner
Pleadings - discoveries - pretrial and or mediation - trial - appeals

8. The most difficult element of negligence to prove
Constitution
Proximate cause of the injury
Breach of contract
Surcharge

9. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Uttering
Floating charge
Restrictive covenant
The 4 principles of Equal Pay legislation

10. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Equitable estoppel
Ultra vires
Trade mark
Duty to mitigate

11. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trade mark
Royal prerogatives
Contributory negligence

12. Notices of statutory provisions limiting liability be posted where?
Contributory negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
1) in the office - 2) every guestroom - and 3) public rooms (area).
Bona fide occupational requirement

13. Discrimination that is actually encouraged in our society
Proximate cause of the injury
Merit
Summary conviction (minor) - indictable (serious) - hybrid
Infra hospitium

14. Favoritism granted to relatives or friends regardless of merit
Independent contractors - employees
420 to 700 hours depending on the regional unemployment rate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Nepotism

15. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
98%
Habeas corpus
Bona fide occupational requirement
Disclaimer

16. How contracts can be discharged
Breach of contract
Non est factum
Innocent - negligent - fraudulent
By Performance - By Agreement - By Frustration - By Operation of law

17. Legal responsibility for the negligence of another person
Open and notorious - unchallenged - exclusive - continuous
Passing off
Intentional - Unintentional
Vicarious liability

18. Author of the Universal Declaration of Human Rights
Fiduciary Duty
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Good Samaritan Legislation
John Humphrey

19. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Duty to mitigate
Discoveries Stage
Food and Drugs Act

20. Two types of negligence
Intentional - Unintentional
Negligent Misrepresentation
Notary
Habeas corpus

21. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
6 primary purposes of tort law
Stare decisis

22. Guilty mind.
Mens rea
Contributory Negligence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Instances under which an offer lapses

23. How can an employer escape alcohol misuse liability?
Exemplary damages
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.
Exceptions to the privity of contract rule
Actus reus and Mens rea

24. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Floating charge
Nepotism
Parol Evidence Rule

25. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional - Unintentional
Duty to mitigate
Gratuitous Promise
Intentional torts

26. Guilty act in Latin.
Actus reus
Option
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
Disclaimer

27. The price a party pays for the promise.
Municipal government
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Invitation to treat

28. 5 reasons for evicting a guest.
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.
Notary
Neighbour principle
Reiver

29. Regulation - deterrence - compensation - dispute resolution - education and prevention
Consideration
Positive Law
Summary conviction - indictable - and hybrid
6 primary purposes of tort law

30. Surviving a falling elevator
Lie flat to distribute the force of the impact
420 to 700 hours depending on the regional unemployment rate
Independent contractors - employees
Intentional - Unintentional

31. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Intentional - Unintentional
Consideration
Unilateral Contract

32. Within the walls of the inn
Ultra vires
Nepotism
Infra hospitium
Contributory negligence

33. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Merit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Financial disloyalty - falsified qualifications - gross and continuing incompetence

34. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Intentional torts
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

35. List the 4 conditions of adverse possession. (squatter's rights)
Duty to mitigate
Open and notorious - unchallenged - exclusive - continuous
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid

36. When the police do not need a warrant to search your residence and/or business?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Non est factum
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Surcharge

37. 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
Negligence Per se
Sole proprietorship - partnership - and corporations
The kinds of misrepresentation
Vicarious Liability

38. Accommodations that are not considered 'inns'.
General damages
Disclaimer
Injurious Falsehood
Boarding house - a rooming house - homes for seniors - and time-share arrangements

39. An agreement by an offeror to leave an offer open for a specified period of time
Summary conviction (minor) - indictable (serious) - hybrid
Habeas corpus
Option
Fiduciary Duty

40. Latin term for 'On the face of it'.
Prima facie
6 primary purposes of tort law
Fiduciary Duty
The kinds of misrepresentation

41. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasonable Person Test
Absolute liability

42. Selling accounts receivable at a discount.
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Innocent - negligent - fraudulent
Factoring

43. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Actus reus and Mens rea
Good Samaritan Legislation
Bona fide occupational requirement

44. Food Poisoning from chicken
Salmonella
Power of attorney
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Open and notorious - unchallenged - exclusive - continuous

45. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Quantum meruit
Passing off
Slander and Libel
Players in the legal system

46. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Gratuitous bailment
Trade mark
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

47. 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
Innocent - negligent - fraudulent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Option

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

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49. Most difficult element of negligence to prove
Passing off
Specific deterrence - general deterrence - rehabilitation - protection of the public
Unilateral Contract
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

50. Latin for guilty act and guilty mind
Option
Actus reus and Mens rea
Consideration
Stare decisis