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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. Discrimination that is actually encouraged in our society
Merit
Bona fide occupational requirement
Open and notorious - unchallenged - exclusive - continuous
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

2. Once a contract is written - it cannot be changed without the consent of both parties
51% or 52%
By Performance - By Agreement - By Frustration - By Operation of law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Parol Evidence Rule

3. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Acts of God - acts of a public enemy - guests' own negligence
Proximate cause of the injury
Positive Law

4. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Fiduciary Duty
Passing off
Price fixing
Intentional torts

5. Use of another company's business name or logo without permission.
Four purpose of sentencing
Nepotism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Trademark infringement

6. 3 types of offenses in a criminal procedure
Equitable estoppal
Summary conviction - Indictable - Hybrid
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
Injurious Falsehood

7. It is not my deed
Slander and Libel
Repudiation - Sabotage - Failure to perform
Non est factum
The 4 principles of Equal Pay legislation

8. Damages are awarded to compensate the injured party
Criminal - Family - Youth - Small claims court
Repudiation - sabotage - failure to perform
General damages
Intentional - Unintentional

9. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Parol Evidence Rule
Land - buildings - fixtures
Merit
Four purpose of sentencing

10. Latin for guilty act and guilty mind
Easement
Infra hospitium
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.
Actus reus and Mens rea

11. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Fiduciary Duty
Good Samaritan Legislation
Section 33 of the Charter

12. This relationship exists when one person has the power to affect another person's property or legal interests
Negligence Per se
Fiduciary Duty
Defenses to intentional Torts
Nepotism

13. Political - religious beliefs - and affiliations
Creed
Floating charge
Factoring
Four purpose of sentencing

14. Latin term for 'It is not my deed
Noncompetition/nonsolicitation clauses
Equitable estoppel
Theft of services
Non est factum

15. The exchange of benefits; the price a party pays for the promise
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
98%
Amortization

16. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Power of attorney
Negligence
Thin Skull Rule
4 items that should be included in the job description

17. What would a careful - thoughtful person in the same circumstances have done
Stare decisis
Substantive Law
Summary conviction - Indictable - Hybrid
Reasonable Person Test

18. Innocent - negligent and fraudulent
Surcharge
The kinds of misrepresentation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Landlord-tenant

19. The level of government in charge of bylaws
Intentional - Unintentional
Municipal government
Democratic rights to vote or run for election
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

20. 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.
Mens rea
6 primary purposes of tort law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Fiduciary Duty

21. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Open and notorious - unchallenged - exclusive - continuous
Pleadings - discoveries - pretrial and or mediation - trial - appeals

22. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Defamation
Habeas corpus
420 to 700 hours depending on the regional unemployment rate

23. What must be established to substantiate a claim for bailment?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reasonable Person Test
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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

24. 5 reasons for evicting a guest.
Instances under which an offer lapses
Breach of contract
Floating charge
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.

25. Someone who certifies documents - but does not draft documents
Notary
Exemplary damages
Merit
Summary conviction - indictable - and hybrid

26. The division of law associated with interpersonal matters
Specific deterrence - general deterrence - rehabilitation - protection of the public
Agent
Private law
Surcharge

27. Governor general and lieutenant governors
Negligence
Express deposit
Royal prerogatives
Types of contracts which must be in writing

28. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Unilateral Contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
Food and Drugs Act

29. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Actus reus
Negligence
The 2 classes of servants
Summary conviction - indictable - and hybrid

30. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Agent
Infra hospitium
Absolute liability

31. Food Poisoning from chicken
Passing off
Absolute liability
Sole proprietorship - partnership - and corporations
Salmonella

32. This person acts on behalf of the principal
Specific deterrence - general deterrence - rehabilitation - protection of the public
Habeas corpus
Agent
Trademark infringement

33. Another word for 'reafian'?
Express deposit
Open and notorious - unchallenged - exclusive - continuous
Reiver
Actus reus

34. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Nepotism
General damages
Duty to mitigate
Discoveries Stage

35. An advertisement is an example of this... lets people know that you are ready to accept offers
Non est factum
General - Punitive - Exemplary
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Invitation to treat

36. A plaintiff is partly or solely the cause of his or her own injury
Option
Power of attorney
Contributory negligence
The owner

37. Amount added on to a usual charge for a specific product - purpose - or service.
Exceptions to the privity of contract rule
Surcharge
Breach of contract
Stare decisis

38. 2 classes of servants.
Good Samaritan Legislation
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
Independent contractors - employees
Fiduciary Duty

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Repudiation - sabotage - failure to perform
Lie flat to distribute the force of the impact
Exceptions to the privity of contract rule
Food and Drugs Act

40. Stages of a civil action
Non delegable duty
John Humphrey
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Positive law

41. Under contract law - list the three types of mistake the law recognizes.
Legal realism
Equity financing - debt financing - sale of assets
Types of contracts which must be in writing
Common - mutual and unilateral.

42. List remedies one would expect when a contract is breached
98%
E. Coli
Agent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

43. 'It stands decided'
Merit
Intentional - Unintentional
Stare decisis
Bona fide occupational requirement

44. What are three ways a contract is breached?
Surcharge
General - Punitive - Exemplary
Repudiation - sabotage - failure to perform
Innocent - negligent - fraudulent

45. Surviving a falling elevator
Natural Law
Restrictive covenant
Option
Lie flat to distribute the force of the impact

46. 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
Slander and Libel
Good Samaritan Legislation
John Humphrey
Intentional - Unintentional

47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
4 items that should be included in the job description
Reasons a contract may be impeached
Types of contracts which must be in writing

48. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Absolute liability
Equitable estoppel
Vicarious liability

49. Beyond a reasonable doubt is what probability
Private law
98%
Injurious Falsehood
Land - buildings - fixtures

50. Most difficult element of negligence to prove
Section 33 of the Charter
51% or 52%
Exceptions to the privity of contract rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not