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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Division of Lower Provincial Courts
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Criminal - Family - Youth - Small claims court
Shareholders - board of directors - statutory officers - employees - and creditors

2. What are the three kinds of misrepresentation?
Habeas corpus
Innocent - negligent - fraudulent
Natural Law
Substantive Law

3. The amount he merits
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
Creed
Quantum merits
6 primary purposes of tort law

4. Two kinds of negligence
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform
Sunset Clause
Personal and real

5. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
John Humphrey
Negligence Per se
Lie flat to distribute the force of the impact
1) in the office - 2) every guestroom - and 3) public rooms (area).

6. A plaintiff is partly or solely the cause of his or her own injury.
420 to 700 hours depending on the regional unemployment rate
Passing off
Notary
Contributory negligence

7. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The items that should be included in a job description
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Criminal - Family - Youth - Small claims court

8. Food Poisoning from chicken
Salmonella
Shareholders - board of directors - statutory officers - employees - and creditors
Independent contractors - employees
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Democratic rights to vote or run for election
Non delegable duty
Land - buildings - fixtures

10. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Reiver
Easement
Power of Attorney
Negligent Misrepresentation

11. Accommodations that are not considered 'inns'.
Agent
Innocent - negligent - fraudulent
Duty to mitigate
Boarding house - a rooming house - homes for seniors - and time-share arrangements

12. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Exceptions to the privity of contract rule
Negligence Per se
Intentional - Unintentional
Unconscionable transactions

13. Balance of probability needed to win a civil case
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Equitable estoppel
51% or 52%
Negligence Per se

14. This relationship exists when one person has the power to affect another person's property or legal interests
Gratuitous Promise
Fiduciary Duty
Amortization
Contributory Negligence

15. What does real property include?
Consideration
Restrictive covenant
Nepotism
Land - buildings - fixtures

16. A restriction placed on some aspect of land use.
Restrictive covenant
Fiduciary Duty
Creed
Common - mutual and unilateral.

17. List the 3 subtle signs of intoxication.
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.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
51% or 52%
Private law

18. Minimum amount of hours needed to be eligible for EI benefits.
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
420 to 700 hours depending on the regional unemployment rate
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Fiduciary Duty

19. Latin term for within or on the premises of the inn (extension of the inn).
Legal realism
Four purpose of sentencing
Infra hospitium
Criminal - Family - Youth - Small claims court

20. The level of government in charge of bylaws
Municipal government
Reasons a contract may be impeached
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Res ipsa loquitar

21. Under contract law - list the three types of mistake the law recognizes.
Substantive Law
Easement
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Common - mutual and unilateral.

22. Allows a legislation to override the Charter
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The parol evidence rule
Four purpose of sentencing
Section 33 of the Charter

23. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Passing off
Notary
Section 33 of the Charter

24. Bailment for the sole benefit of the bailor.
Criminal - Family - Youth - Small claims court
Summary conviction - indictable - and hybrid
Gratuitous bailment
Bona fide occupational requirement

25. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Damages that are imposed to punish and to make an example of the offending party
Non est factum
Positive Law

26. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Amortization
Defenses to intentional Torts
51% or 52%
Pleadings - discoveries - pretrial and or mediation - trial - appeals

27. Alcohol misuse under the Liquor License Act
Contributory Negligence
The items that should be included in a job description
Merit
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

28. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Discoveries Stage
Contributory negligence
The parol evidence rule

29. 5 reasons for evicting a guest.
51% or 52%
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.
Unilateral Contract
Section 33 of the Charter

30. Legal responsibility for the negligence of another person
Merit
Theft of services
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public

31. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Actus reus and Mens rea
Lie flat to distribute the force of the impact
Thin Skull Rule
Proximate cause of the injury

32. Four methods to prevent potential legal action against your business.
Trademark infringement
Independent contractors - employees
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Innocent - negligent - fraudulent

33. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Arraignment

34. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The owner
Negligence

35. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Landlord-tenant
Absolute liability
Parol Evidence Rule

36. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Group termination
Res ipsa loquitar
Unconscionable transactions

37. Legislators - judges - jurors - lawyers - clients and police
Non est factum
Players in the legal system
Types of contracts which must be in writing
The 4 principles of Equal Pay legislation

38. Two types of negligence
Intentional - Unintentional
Defamation
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

39. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Summary conviction (minor) - indictable (serious) - hybrid
Democratic rights to vote or run for election
Pleadings - discoveries - pretrial and or mediation - trial - appeals

40. 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.
Floating charge
Equitable estoppel
Reiver
Power of Attorney

41. Res ipsa loquitur

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42. Types of Damages
Non est factum
General - Punitive - Exemplary
Reiver
Uttering

43. Amount added on to a usual charge for a specific product - purpose - or service.
Intentional - Unintentional
Surcharge
Restrictive covenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

44. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Landlord-tenant
Consideration
Four purpose of sentencing
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

45. The price a party pays for the promise.
Consideration
Injurious Falsehood
Quantum merits
Pleadings - discoveries - pretrial and or mediation - trial - appeals

46. An agreement by an offeror to leave an offer open for a specified period of time
Negligence Per se
Option
Positive law
The items that should be included in a job description

47. Damages imposed to make an example of the wrongdoer
Exemplary damages
Fiduciary Duty
Proximate cause of the injury
Actus reus and Mens rea

48. This person acts on behalf of the principal
Stare decisis
Innocent - negligent - fraudulent
Agent
Floating charge

49. An agreement by an offeror to leave an offer open for a specified period of time.
Option
6 primary purposes of tort law
Democratic rights to vote or run for election
Good Samaritan Legislation

50. Beyond a reasonable doubt is what probability
Positive law
98%
Quantum merits
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association