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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. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Negligence Per se
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
The 2 classes of servants

2. Latin for guilty act and guilty mind
Actus reus and Mens rea
Breach of contract
Bona fide occupational requirement
Invitation to treat

3. Division of Lower Provincial Courts
Negligence
Summary conviction (minor) - indictable (serious) - hybrid
Criminal - Family - Youth - Small claims court
Specific deterrence - general deterrence - rehabilitation - protection of the public

4. List the 4 conditions of adverse possession. (squatter's rights)
Positive law
Agent
Bona fide occupational requirement
Open and notorious - unchallenged - exclusive - continuous

5. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Food and Drugs Act
Exceptions to the privity of contract rule
Constitution
Group termination

6. An advertisement is an example of this... lets people know that you are ready to accept offers
Royal prerogatives
Instances under which an offer lapses
Arraignment
Invitation to treat

7. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Floating charge
Exemplary damages
Passing off

8. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Price fixing
Vicarious Liability
Express deposit
Open and notorious - unchallenged - exclusive - continuous

9. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Four purpose of sentencing
Vicarious liability
John Humphrey

10. 'It stands decided'
Personal and real
Criminal - Family - Youth - Small claims court
Stare decisis
The 4 principles of Equal Pay legislation

11. Fundamental freedoms in Section 2 of the Charter
Four purpose of sentencing
Damages that are imposed to punish and to make an example of the offending party
Invitation to treat
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

12. A plaintiff is partly or solely the cause of his or her own injury
Disclaimer
Contributory negligence
51% or 52%
Nepotism

13. Beyond a reasonable doubt is what probability
E. Coli
98%
Good Samaritan Legislation
Consideration

14. What are three ways a contract is breached?
Price fixing
Stare decisis
Repudiation - sabotage - failure to perform
Reasonable Person Test

15. How can an employer escape alcohol misuse liability?
Innocent - negligent - fraudulent
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.
Invitation to treat
Democratic rights to vote or run for election

16. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Express deposit
Exceptions to the privity of contract rule
General damages

17. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Positive Law
Negligence
Actus reus
Contributory negligence

18. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Trademark infringement
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
By Performance - By Agreement - By Frustration - By Operation of law

19. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Reiver
Passing off
Quantum merits
Invitation to treat

20. What are the 3 ways employment can be terminated?
Duty to mitigate
Restrictive covenant
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability

21. 'Reasonable worth of the good'
Quantum meruit
420 to 700 hours depending on the regional unemployment rate
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.
Vicarious Liability

22. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Non est factum
Types of contracts which must be in writing
98%
Food and Drugs Act

23. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
General damages
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 2 classes of servants

24. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Exceptions to the privity of contract rule
Criminal - Family - Youth - Small claims court
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

25. Someone who certifies documents - but does not draft documents
Notary
Bona fide occupational requirement
Vicarious liability
Reasonable Person Test

26. The most difficult element of negligence to prove
John Humphrey
Proximate cause of the injury
Price fixing
Food and Drugs Act

27. When the police do not need a warrant to search your residence and/or business?
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
Intentional - Unintentional
Damages that are imposed to punish and to make an example of the offending party
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

28. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Absolute liability
Contributory negligence
Easement

29. What would a careful - thoughtful person in the same circumstances have done
Quantum meruit
Reasons a contract may be impeached
Reasonable Person Test
Easement

30. What are the three kinds of misrepresentation?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Innocent - negligent - fraudulent

31. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Amortization
The 2 classes of servants
Personal and real
Instances under which an offer lapses

32. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
$413 or 55% of the claimant's average insured earnings (whichever is less)
Independent contractors - employees
Gratuitous bailment

33. In a criminal procedure list the 3 types of offenses
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction (minor) - indictable (serious) - hybrid
Option
Slander and Libel

34. List remedies one would expect when a contract is breached
Common - mutual and unilateral.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Arraignment
Passing off

35. Division of law that defines rights and remedies
Non est factum
Defamation
Substantive Law
General - Punitive - Exemplary

36. Author of the Universal Declaration of Human Rights
Exceptions to the privity of contract rule
John Humphrey
6 primary purposes of tort law
Infra hospitium

37. Res ipsa loquitur

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38. 2 classes of servants.
Private law
Defamation
Independent contractors - employees
Unconscionable transactions

39. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Reasonable Person Test
Breach of contract
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

40. Bailment for the sole benefit of the bailor.
Damages that are imposed to punish and to make an example of the offending party
Unilateral Contract
Gratuitous bailment
Option

41. List the 3 subtle signs of intoxication.
E. Coli
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Types of contracts which must be in writing
Parol Evidence Rule

42. Use of another company's business name or logo without permission.
Habeas corpus
Trademark infringement
Reasons a contract may be impeached
Consideration

43. Within the walls of the inn
Repudiation - Sabotage - Failure to perform
98%
Infra hospitium
Surcharge

44. What are three ways a contract is breached
The items that should be included in a job description
Defenses to intentional Torts
Consideration
Repudiation - Sabotage - Failure to perform

45. Two kinds of negligence
Absolute liability
Floating charge
Intentional - Unintentional
Invitation to treat

46. Favoritism granted to relatives or friends regardless of merit
Group termination
Bona fide occupational requirement
Nepotism
Negligent Misrepresentation

47. 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
Negligent Misrepresentation
Instances under which an offer lapses
Amortization
$413 or 55% of the claimant's average insured earnings (whichever is less)

48. List 3 ways to finance a new or existing business.
Sole proprietorship - partnership - and corporations
Contributory negligence
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.
Equity financing - debt financing - sale of assets

49. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
General - Punitive - Exemplary
Good Samaritan Legislation
Intentional - Unintentional

50. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Reasonable Person Test
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Food and Drugs Act
Salmonella