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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. Political - religious beliefs - and affiliations
Common - mutual and unilateral.
Creed
Consideration
The 4 principles of Equal Pay legislation

2. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
John Humphrey
Criminal - Family - Youth - Small claims court
Restrictive covenant

3. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Non delegable duty
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Trademark infringement

4. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Passing off
Types of contracts which must be in writing
Equity financing - debt financing - sale of assets
Prima facie

5. A duty that cannot be given to someone else
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
98%
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty

6. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Creed
Duty to mitigate
E. Coli
Arraignment

7. Balance of probability needed to win a civil case
Legal realism
Breach of contract
Intentional - Unintentional
51% or 52%

8. Food poisoning from hamburger
Stare decisis
Theft of services
E. Coli
Quantum meruit

9. What are the three exceptions to the common law absolute liability rule.

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10. Author of the Universal Declaration of Human Rights
Express deposit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability
John Humphrey

11. Independent contractors and employees.
The 2 classes of servants
Group termination
Good Samaritan Legislation
Gratuitous bailment

12. Food Poisoning from chicken
Salmonella
Personal and real
98%
Habeas corpus

13. What would a careful - thoughtful person in the same circumstances have done
Infra hospitium
Actus reus
Reasonable Person Test
Price fixing

14. When the public is misled into believing that one company's goods or services are those a similar brand or product
Salmonella
Vicarious liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Passing off

15. First stage in a criminal court procedure
Contributory negligence
Arraignment
Summary conviction - indictable - and hybrid
Good Samaritan Legislation

16. Most difficult element of negligence to prove
Trademark infringement
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver
4 items that should be included in the job description

17. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Innocent - negligent - fraudulent
Power of Attorney
Open and notorious - unchallenged - exclusive - continuous
Sunset Clause

18. Surviving a falling elevator
Shareholders - board of directors - statutory officers - employees - and creditors
Lie flat to distribute the force of the impact
Repudiation - sabotage - failure to perform
Infra hospitium

19. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Proximate cause of the injury
Reasons a contract may be impeached
Merit
Absolute liability

20. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
To 'perfect' a lien
Uttering
Infra hospitium
Restrictive covenant

21. Spoken and written defamation
Specific deterrence - general deterrence - rehabilitation - protection of the public
The items that should be included in a job description
Defenses to intentional Torts
Slander and Libel

22. The most difficult element of negligence to prove
Reiver
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consideration
Proximate cause of the injury

23. Fundamental freedoms in Section 2 of the Charter
Parol Evidence Rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Private law
Passing off

24. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Injurious Falsehood
Substantive Law
Floating charge
Habeas corpus

25. Amount added on to a usual charge for a specific product - purpose - or service.
Price fixing
Sole proprietorship - partnership - and corporations
Surcharge
Intentional - Unintentional

26. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Nepotism
The kinds of misrepresentation
Power of attorney
Arraignment

27. Under contract law - list the three types of mistake the law recognizes.
6 primary purposes of tort law
Common - mutual and unilateral.
Exceptions to the privity of contract rule
Unilateral Contract

28. This person acts on behalf of the principal
6 primary purposes of tort law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Natural Law
Agent

29. It is not my deed
Non est factum
Duty to mitigate
Intentional torts
Four purpose of sentencing

30. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Theft of services
Power of attorney
The kinds of misrepresentation

31. 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
The kinds of misrepresentation
Private law
To 'perfect' a lien

32. A person who becomes ill but did not pay for the meal can sue the establishment
1) in the office - 2) every guestroom - and 3) public rooms (area).
Passing off
Substantive Law
Neighbour principle

33. Author of the 1948 Universal Declaration of Human Rights
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
6 primary purposes of tort law
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.

34. What are exemplary damages?
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
Damages that are imposed to punish and to make an example of the offending party
Reiver

35. Alcohol misuse under the Liquor License Act
To 'perfect' a lien
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Surcharge
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

36. An agreement by an offeror to leave an offer open for a specified period of time
Pleadings - discoveries - pretrial and or mediation - trial - appeals
General damages
Option
Lie flat to distribute the force of the impact

37. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The items that should be included in a job description
Breach of contract
Non delegable duty

38. Allows a legislation to override the Charter
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Theft of services
Criminal - Family - Youth - Small claims court
Section 33 of the Charter

39. Laws duly enacted by a person or body having the authority to enact and enforce them.
Discoveries Stage
Non delegable duty
Positive law
Landlord-tenant

40. 'It stands decided'
Proximate cause of the injury
Stare decisis
Open and notorious - unchallenged - exclusive - continuous
Actus reus and Mens rea

41. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
$413 or 55% of the claimant's average insured earnings (whichever is less)
The kinds of misrepresentation
Intentional torts
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

42. What are the three kinds of misrepresentation?
Noncompetition/nonsolicitation clauses
Restrictive covenant
Easement
Innocent - negligent - fraudulent

43. A plaintiff is partly or solely the cause of his or her own injury
Uttering
Contributory negligence
Reasons a contract may be impeached
Summary conviction - Indictable - Hybrid

44. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Power of Attorney
Passing off
Contributory negligence

45. Latin term for within or on the premises of the inn (extension of the inn).
Mens rea
Power of Attorney
Sole proprietorship - partnership - and corporations
Infra hospitium

46. The price a party pays for the promise.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability

47. A right to use another's land for a specific purpose.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Easement
Positive Law
Invitation to treat

48. 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
Unilateral Contract
Negligent Misrepresentation
Lie flat to distribute the force of the impact
98%

49. Latin term for 'On the face of it'.
Intentional - Unintentional
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Prima facie
John Humphrey

50. An advertisement is an example of this... lets people know that you are ready to accept offers
Passing off
$413 or 55% of the claimant's average insured earnings (whichever is less)
Invitation to treat
The owner