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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. 5 possible consequences if you default on your mortgage?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Lie flat to distribute the force of the impact
Reiver

2. How can an employer escape alcohol misuse liability?
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
Players in the legal system
Sunset Clause
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.

3. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Positive Law
Landlord-tenant
Theft of services

4. List remedies one would expect when a contract is breached
Personal and real
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
E. Coli
Trademark infringement

5. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Substantive Law
Reiver
General damages

6. A plaintiff is partly or solely the cause of his or her own injury.
Land - buildings - fixtures
Contributory 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
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

7. The price a party pays for the promise.
The kinds of misrepresentation
Municipal government
Intentional - Unintentional
Consideration

8. Beyond a reasonable doubt is what probability
John Humphrey
98%
Summary conviction - indictable - and hybrid
Prima facie

9. An advertisement is an example of this... lets people know that you are ready to accept offers
Specific deterrence - general deterrence - rehabilitation - protection of the public
Invitation to treat
Gratuitous bailment
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

10. Governor general and lieutenant governors
Royal prerogatives
Quantum meruit
Negligence
Invitation to treat

11. What are three ways a contract is breached?
Floating charge
Repudiation - sabotage - failure to perform
Contributory Negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public

12. What are three ways a contract is breached
Price fixing
Repudiation - Sabotage - Failure to perform
Quantum merits
By Performance - By Agreement - By Frustration - By Operation of law

13. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Noncompetition/nonsolicitation clauses
Passing off
Actus reus and Mens rea
Substantive Law

14. What are the two types of property?
Negligence
Personal and real
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Fiduciary Duty

15. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Res ipsa loquitar
Invitation to treat
The kinds of misrepresentation

16. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Mens rea
Legal realism
Equitable estoppal
Exemplary damages

17. A duty that cannot be given to someone else
Non delegable duty
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.
Passing off
Restrictive covenant

18. List 5/6 items employers can expect from their employees
Acts of God - acts of a public enemy - guests' own negligence
Non est factum
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligent Misrepresentation

19. Amount added on to a usual charge for a specific product - purpose - or service.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury
Passing off
Surcharge

20. Innocent - negligent and fraudulent
Municipal government
Summary conviction (minor) - indictable (serious) - hybrid
The kinds of misrepresentation
Nepotism

21. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Duty to mitigate
Price fixing
Exceptions to the privity of contract rule
Invitation to treat

22. A right to use another's land for a specific purpose.
Shareholders - board of directors - statutory officers - employees - and creditors
Exceptions to the privity of contract rule
Easement
Innocent - negligent - fraudulent

23. Allows a legislation to override the Charter
Innocent - negligent - fraudulent
Section 33 of the Charter
Personal and real
Amortization

24. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Infra hospitium
Discoveries Stage
General damages

25. An agreement by an offeror to leave an offer open for a specified period of time.
Neighbour principle
Option
Open and notorious - unchallenged - exclusive - continuous
Section 33 of the Charter

26. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
By Performance - By Agreement - By Frustration - By Operation of law
General - Punitive - Exemplary
The kinds of misrepresentation

27. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Option
Vicarious Liability
Fiduciary Duty

28. Two types of negligence
Duty to mitigate
Reasonable Person Test
Negligence Per se
Intentional - Unintentional

29. 3 types of business structures.
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
Negligence Per se
Sole proprietorship - partnership - and corporations
Contributory negligence

30. What are the five stages of a civil action?
Merit
The 4 principles of Equal Pay legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Pleadings - discoveries - pretrial and or mediation - trial - appeals

31. Independent contractors and employees.
The 2 classes of servants
The 4 principles of Equal Pay legislation
Creed
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

32. Fundamental freedoms in Section 2 of the Charter
Ultra vires
Price fixing
Types of contracts which must be in writing
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

33. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Infra hospitium
Ultra vires
Res ipsa loquitar
Intentional torts

34. Two kinds of negligence
Good Samaritan Legislation
Intentional - Unintentional
Thin Skull Rule
Infra hospitium

35. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
E. Coli
John Humphrey
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.

36. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Contributory Negligence
The parol evidence rule
Habeas corpus

37. The plaintiff has been injured upon the result of his own negligence
Constitution
Contributory Negligence
Noncompetition/nonsolicitation clauses
Vicarious Liability

38. What must be established to substantiate a claim for bailment?
Passing off
Theft of services
Breach of contract
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

39. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Express deposit
Prima facie
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

40. When the police do not need a warrant to search your residence and/or business?
Prima facie
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
420 to 700 hours depending on the regional unemployment rate

41. 'It stands decided'
Invitation to treat
Non delegable duty
Stare decisis
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

42. List 3 ways to finance a new or existing business.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
98%
Fiduciary Duty
Equity financing - debt financing - sale of assets

43. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Arraignment
Intentional torts
Easement
Innocent - negligent - fraudulent

44. 5 reasons for evicting a guest.
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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.
Positive law

45. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Uttering
Personal and real
Arraignment

46. When the public is misled into believing that one company's goods or services are those a similar brand or product
Exceptions to the privity of contract rule
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
4 items that should be included in the job description
Passing off

47. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Fiduciary Duty
General - Punitive - Exemplary
Negligence Per se
4 items that should be included in the job description

48. Three types of offences
Negligence Per se
Food and Drugs Act
Nepotism
Summary conviction - indictable - and hybrid

49. Favoritism granted to relatives or friends regardless of merit
Nepotism
Common - mutual and unilateral.
Slander and Libel
Proximate cause of the injury

50. 'Reasonable worth of the good'
Quantum meruit
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The owner
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.