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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. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Landlord-tenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence
'The thing speaks for itself'

2. This person acts on behalf of the principal
Notary
Democratic rights to vote or run for election
Negligence
Agent

3. What are some of the conditions for rightful dismissal?
Non est factum
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence

4. 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
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.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Vicarious Liability
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

5. A restriction placed on some aspect of land use.
Creed
Restrictive covenant
Express deposit
Natural Law

6. The division of law associated with interpersonal matters
Private law
Non est factum
4 items that should be included in the job description
Fiduciary Duty

7. A right to use another's land for a specific purpose.
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.
Easement
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
Infra hospitium

8. 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
The 2 classes of servants
Contributory negligence
Restrictive covenant

9. 'To have the body'
Disclaimer
Trademark infringement
Habeas corpus
Arraignment

10. 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
Injurious Falsehood
Ultra vires
Constitution

11. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Good Samaritan Legislation
Instances under which an offer lapses
By Performance - By Agreement - By Frustration - By Operation of law
Habeas corpus

12. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Land - buildings - fixtures
Constitution
Sunset Clause
Salmonella

13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Natural Law
Creed

14. Once a contract is written - it cannot be changed without the consent of both parties
Sole proprietorship - partnership - and corporations
Parol Evidence Rule
Equitable estoppal
Power of Attorney

15. Three types of intangibles
Reasons a contract may be impeached
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Good Samaritan Legislation
Positive law

16. Surviving a falling elevator
Consideration
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory negligence
Lie flat to distribute the force of the impact

17. Notices of statutory provisions limiting liability be posted where?
Actus reus
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Open and notorious - unchallenged - exclusive - continuous

18. How can an employer escape alcohol misuse liability?
Negligence Per se
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.
Power of attorney
Unilateral Contract

19. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Lie flat to distribute the force of the impact
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Duty to mitigate
Thin Skull Rule

20. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Parol Evidence Rule
Democratic rights to vote or run for election
Habeas corpus

21. Selling accounts receivable at a discount.
Factoring
Good Samaritan Legislation
Innocent - negligent - fraudulent
By Performance - By Agreement - By Frustration - By Operation of law

22. Damages imposed to make an example of the wrongdoer
Passing off
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Exemplary damages

23. Latin term for within or on the premises of the inn (extension of the inn).
51% or 52%
Positive Law
Infra hospitium
Section 33 of the Charter

24. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Thin Skull Rule
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.
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

25. Two types of negligence
Express deposit
Sunset Clause
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform

26. Three types of offences
Salmonella
Actus reus and Mens rea
Summary conviction - indictable - and hybrid
Damages that are imposed to punish and to make an example of the offending party

27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Personal and real
Infra hospitium
Negligence Per se

28. 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.
Passing off
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Equitable estoppel
Gratuitous Promise

29. Someone who certifies documents - but does not draft documents
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Notary
Invitation to treat
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

30. The amount he merits
Amortization
Equitable estoppel
Quantum merits
Thin Skull Rule

31. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Acts of God - acts of a public enemy - guests' own negligence
Slander and Libel
Parol Evidence Rule

32. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Easement
Uttering
Food and Drugs Act
John Humphrey

33. What must be established to substantiate a claim for bailment?
Equitable estoppal
Contributory negligence
Types of contracts which must be in writing
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

34. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability
To 'perfect' a lien
Constitution

35. Regulation - deterrence - compensation - dispute resolution - education and prevention
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Infra hospitium
6 primary purposes of tort law
Intentional - Unintentional

36. What is the maximum weekly EI benefit?

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37. list 4 elements of bailment
Gratuitous bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Acts of God - acts of a public enemy - guests' own negligence
Mens rea

38. What are three ways a contract is breached
Mens rea
Discoveries Stage
Repudiation - Sabotage - Failure to perform
Sole proprietorship - partnership - and corporations

39. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
The parol evidence rule
Non est factum
Boarding house - a rooming house - homes for seniors - and time-share arrangements

40. Division of law that defines rights and remedies
Substantive Law
Private law
Actus reus
Breach of contract

41. Under contract law - list the three types of mistake the law recognizes.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The kinds of misrepresentation
Duty to mitigate
Common - mutual and unilateral.

42. Independent contractors and employees.
Option
Group termination
The 2 classes of servants
Instances under which an offer lapses

43. What are three ways a contract is breached?
Absolute liability
Repudiation - sabotage - failure to perform
Equitable estoppal
Independent contractors - employees

44. Spoken and written defamation
Criminal - Family - Youth - Small claims court
Proximate cause of the injury
Equitable estoppal
Slander and Libel

45. Accommodations that are not considered 'inns'.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Factoring
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Financial disloyalty - falsified qualifications - gross and continuing incompetence

46. Four methods to prevent potential legal action against your business.
John Humphrey
Easement
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Merit

47. List 3 ways to finance a new or existing business.
Stare decisis
Equity financing - debt financing - sale of assets
Exemplary damages
Non delegable duty

48. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Sunset Clause
Breach of contract
Notary
Land - buildings - fixtures

49. The exchange of benefits; the price a party pays for the promise
Consideration
'The thing speaks for itself'
Res ipsa loquitar
Group termination

50. Food poisoning from hamburger
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Landlord-tenant
E. Coli