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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. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Easement
Vicarious liability

2. Four methods to prevent potential legal action against your business.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Merit
Injurious Falsehood
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

3. Res ipsa loquitur

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4. The most difficult element of negligence to prove
Proximate cause of the injury
Negligence
Salmonella
Duty to mitigate

5. Which of the following rights does the Charter guarantee only to citizens of Canada
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Actus reus and Mens rea
Defamation
Democratic rights to vote or run for election

6. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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7. This relationship exists when one person has the power to affect another person's property or legal interests
Exceptions to the privity of contract rule
Fiduciary Duty
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Breach of contract

8. Favoritism granted to relatives or friends regardless of merit
Nepotism
Gratuitous bailment
Reasonable Person Test
$413 or 55% of the claimant's average insured earnings (whichever is less)

9. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Private law
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
Reasons a contract may be impeached

10. Notices of statutory provisions limiting liability be posted where?
Notary
Substantive Law
Factoring
1) in the office - 2) every guestroom - and 3) public rooms (area).

11. Two types of negligence
Intentional - Unintentional
Price fixing
Passing off
Arraignment

12. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Common - mutual and unilateral.
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
Non est factum
The items that should be included in a job description

13. Latin term for 'On the face of it'.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Prima facie
Express deposit
Criminal - Family - Youth - Small claims court

14. The publication of a false statement about someone either verbally or in writing which damages their reputation
Land - buildings - fixtures
Defamation
Equity financing - debt financing - sale of assets
Exemplary damages

15. Law created by a person or body with authority to enact and enforce it
Positive Law
Express deposit
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Amortization

16. Alcohol misuse under the Liquor License Act
Restrictive covenant
51% or 52%
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Instances under which an offer lapses

17. Three types of intangibles
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The 2 classes of servants
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Actus reus

18. The exchange of benefits; the price a party pays for the promise
Fiduciary Duty
Consideration
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Gratuitous Promise

19. What are the 5 tiers of the corporate structure.
Common - mutual and unilateral.
Shareholders - board of directors - statutory officers - employees - and creditors
Negligence Per se
Agent

20. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Specific deterrence - general deterrence - rehabilitation - protection of the public
Four purpose of sentencing

21. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Passing off
Intentional torts
Theft of services

22. What are the 3 ways employment can be terminated?
Trademark infringement
Power of Attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

23. The level of government in charge of bylaws
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
Instances under which an offer lapses
$413 or 55% of the claimant's average insured earnings (whichever is less)
Municipal government

24. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Restrictive covenant
Merit
Lie flat to distribute the force of the impact

25. What does BFOR stand for?
Bona fide occupational requirement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Land - buildings - fixtures

26. When the public is misled into believing that one company's goods or services are those a similar brand or product
Good Samaritan Legislation
51% or 52%
Positive law
Passing off

27. A right to use another's land for a specific purpose.
Proximate cause of the injury
Easement
420 to 700 hours depending on the regional unemployment rate
Gratuitous bailment

28. Amount added on to a usual charge for a specific product - purpose - or service.
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.
Surcharge
Landlord-tenant
Sunset Clause

29. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Reiver
Legal realism
Fiduciary Duty

30. Another word for 'reafian'?
Reiver
Unilateral Contract
Natural Law
Amortization

31. Selling accounts receivable at a discount.
Reiver
Factoring
The kinds of misrepresentation
Repudiation - Sabotage - Failure to perform

32. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Open and notorious - unchallenged - exclusive - continuous
John Humphrey
Intentional - Unintentional

33. Balance of probability needed to win a civil case
51% or 52%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Habeas corpus

34. The amount he merits
Habeas corpus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Infra hospitium
Quantum merits

35. List 3 ways to finance a new or existing business.
Innocent - negligent - fraudulent
Equity financing - debt financing - sale of assets
The items that should be included in a job description
The 4 principles of Equal Pay legislation

36. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Absolute liability
Damages that are imposed to punish and to make an example of the offending party
E. Coli

37. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Reasonable Person Test
The 4 principles of Equal Pay legislation
Duty to mitigate
Neighbour principle

38. 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.
Positive law
Equitable estoppel
Floating charge
Mens rea

39. 5 possible consequences if you default on your mortgage?
Open and notorious - unchallenged - exclusive - continuous
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Res ipsa loquitar
General - Punitive - Exemplary

40. 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
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
Infra hospitium
Good Samaritan Legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals

41. When two or more suppliers conspire to set prices.
Price fixing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Shareholders - board of directors - statutory officers - employees - and creditors

42. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
6 primary purposes of tort law
Intentional torts
Criminal - Family - Youth - Small claims court
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

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

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44. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
To 'perfect' a lien
Defenses to intentional Torts
Municipal government
Open and notorious - unchallenged - exclusive - continuous

45. Once a contract is written - it cannot be changed without the consent of both parties
Negligence Per se
Equity financing - debt financing - sale of assets
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Parol Evidence Rule

46. 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
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Power of attorney

47. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Damages that are imposed to punish and to make an example of the offending party
Equity financing - debt financing - sale of assets
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.

48. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Passing off
Theft of services
Infra hospitium
Quantum meruit

49. The plaintiff has been injured upon the result of his own negligence
420 to 700 hours depending on the regional unemployment rate
Prima facie
Absolute liability
Contributory Negligence

50. A symbol - word - name or device used to identify or signify a company or its product.
Sunset Clause
Ultra vires
Fiduciary Duty
Trade mark