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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. List the 4 conditions of adverse possession. (squatter's rights)
Positive law
Open and notorious - unchallenged - exclusive - continuous
Landlord-tenant
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

2. Once a contract is written - it cannot be changed without consent of both parties.
Duty to mitigate
Easement
The kinds of misrepresentation
The parol evidence rule

3. When two or more suppliers conspire to set prices.
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.
Group termination
Price fixing
Nepotism

4. What are the 5 tiers of the corporate structure.
Quantum meruit
Proximate cause of the injury
Shareholders - board of directors - statutory officers - employees - and creditors
Lie flat to distribute the force of the impact

5. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
The 2 classes of servants
John Humphrey
420 to 700 hours depending on the regional unemployment rate

6. An agreement by an offeror to leave an offer open for a specified period of time.
Non est factum
Option
Breach of contract
Players in the legal system

7. The plaintiff has been injured upon the result of his own negligence
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Contributory Negligence
Negligence Per se

8. Three types of intangibles
Mens rea
Defenses to intentional Torts
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Equity financing - debt financing - sale of assets

9. Notices of statutory provisions limiting liability be posted where?
Breach of contract
Infra hospitium
Open and notorious - unchallenged - exclusive - continuous
1) in the office - 2) every guestroom - and 3) public rooms (area).

10. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Habeas corpus
The 2 classes of servants
The items that should be included in a job description

11. What are the 3 types of bailment?
Reasons a contract may be impeached
Surcharge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

12. List the 3 subtle signs of intoxication.
Theft of services
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

13. The period of time required to pay off the principal completely at a set interest rate.
Disclaimer
Amortization
Legal realism
Positive law

14. what are the four purposes of sentencing?
Option
Prima facie
Positive law
Specific deterrence - general deterrence - rehabilitation - protection of the public

15. Promises made without consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Option
Gratuitous Promise
Stare decisis

16. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Reiver
Breach of contract
Types of contracts which must be in writing
Power of attorney

17. Latin term for 'It is not my deed
Trademark infringement
Non est factum
Independent contractors - employees
Creed

18. Selling accounts receivable at a discount.
Damages that are imposed to punish and to make an example of the offending party
Defamation
Factoring
John Humphrey

19. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Non delegable duty
Option
4 items that should be included in the job description
Trademark infringement

20. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Restrictive covenant
Absolute liability
Creed
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

21. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Players in the legal system
Actus reus and Mens rea
Breach of contract

22. 'Reasonable worth of the good'
Parol Evidence Rule
Quantum meruit
Infra hospitium
Landlord-tenant

23. Fundamental freedoms in Section 2 of the Charter
Common - mutual and unilateral.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Res ipsa loquitar
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

24. Spoken and written defamation
Negligence
Mens rea
Independent contractors - employees
Slander and Libel

25. Alcohol misuse under the Liquor License Act
Financial disloyalty - falsified qualifications - gross and continuing incompetence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Lie flat to distribute the force of the impact
Thin Skull Rule

26. Four methods to prevent potential legal action against your business.
Defamation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Group termination
Substantive Law

27. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
The kinds of misrepresentation
Good Samaritan Legislation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Power of Attorney

28. A right to use another's land for a specific purpose.
Passing off
Players in the legal system
Easement
Section 33 of the Charter

29. The exchange of benefits; the price a party pays for the promise
Parol Evidence Rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Nepotism
Consideration

30. A plaintiff is partly or solely the cause of his or her own injury.
Players in the legal system
Intentional torts
Land - buildings - fixtures
Contributory negligence

31. Another word for 'reafian'?
Municipal government
4 items that should be included in the job description
Reiver
Fiduciary Duty

32. Latin for guilty act and guilty mind
Actus reus and Mens rea
Intentional torts
The items that should be included in a job description
Consideration

33. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Vicarious Liability
Invitation to treat
Slander and Libel
Equity financing - debt financing - sale of assets

34. Types of Damages
General - Punitive - Exemplary
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Criminal - Family - Youth - Small claims court
Creed

35. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Positive Law
Absolute liability
4 items that should be included in the job description

36. Law based on moral - religious or philosophical grounds
Private law
Natural Law
Damages that are imposed to punish and to make an example of the offending party
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

37. Favoritism granted to relatives or friends regardless of merit
Trademark infringement
Nepotism
Positive 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

38. Division of Lower Provincial Courts
Equity financing - debt financing - sale of assets
Duty to mitigate
Habeas corpus
Criminal - Family - Youth - Small claims court

39. 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.
Intentional - Unintentional
Restrictive covenant
Noncompetition/nonsolicitation clauses
The parol evidence rule

40. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Equitable estoppal
Negligence Per se
Damages that are imposed to punish and to make an example of the offending party
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

41. 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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equitable estoppel
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Damages that are imposed to punish and to make an example of the offending party

42. Use of another company's business name or logo without permission.
John Humphrey
Trademark infringement
Consideration
Four purpose of sentencing

43. When the public is misled into believing that one company's goods or services are those a similar brand or product
Arraignment
Passing off
98%
Section 33 of the Charter

44. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Trademark infringement
Sunset Clause
Price fixing

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

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46. Author of the Universal Declaration of Human Rights in 1948?
Merit
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
John Humphrey
Agent

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

48. The most difficult element of negligence to prove
Surcharge
51% or 52%
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Proximate cause of the injury

49. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equity financing - debt financing - sale of assets
To 'perfect' a lien

50. Division of law that defines rights and remedies
Substantive Law
Option
Fiduciary Duty
Passing off