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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. 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
The items that should be included in a job description
Gratuitous bailment
Vicarious Liability
Unconscionable transactions

2. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppel
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Stare decisis

3. 2 classes of servants.
John Humphrey
Exceptions to the privity of contract rule
Independent contractors - employees
Surcharge

4. What is the maximum weekly EI benefit?

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5. Within the walls of the inn
Negligent Misrepresentation
Infra hospitium
Express deposit
Factoring

6. Two kinds of negligence
The kinds of misrepresentation
Intentional - Unintentional
Reasons a contract may be impeached
Option

7. List the 3 subtle signs of intoxication.
Noncompetition/nonsolicitation clauses
Duty to mitigate
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Legal realism

8. A restriction placed on some aspect of land use.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Ultra vires
Positive Law
Restrictive covenant

9. The period of time required to pay off the principal completely at a set interest rate.
Agent
Amortization
Price fixing
Pleadings - discoveries - pretrial and or mediation - trial - appeals

10. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Passing off
Amortization
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

11. 'It stands decided'
Specific deterrence - general deterrence - rehabilitation - protection of the public
Stare decisis
Fiduciary Duty
Quantum meruit

12. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The parol evidence rule
Duty to mitigate
Shareholders - board of directors - statutory officers - employees - and creditors

13. 'To have the body'
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Absolute liability
Intentional torts
Habeas corpus

14. Latin term for 'On the face of it'.
Prima facie
Non est factum
Habeas corpus
Option

15. Independent contractors and employees.
Contributory negligence
John Humphrey
The 2 classes of servants
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.

16. Most difficult element of negligence to prove
Absolute liability
Legal realism
By Performance - By Agreement - By Frustration - By Operation of law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

17. 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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The owner

18. This person acts on behalf of the principal
Repudiation - Sabotage - Failure to perform
Four purpose of sentencing
Quantum merits
Agent

19. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Exceptions to the privity of contract rule
Four purpose of sentencing
98%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

20. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Stare decisis
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Exceptions to the privity of contract rule

21. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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22. An agreement by an offeror to leave an offer open for a specified period of time
The 4 principles of Equal Pay legislation
Option
Trade mark
Constitution

23. The exchange of benefits; the price a party pays for the promise
Merit
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction (minor) - indictable (serious) - hybrid

24. 'Reasonable worth of the good'
Quantum meruit
Parol Evidence Rule
Repudiation - Sabotage - Failure to perform
Merit

25. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
E. Coli
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Exceptions to the privity of contract rule

26. Which of the following rights does the Charter guarantee only to citizens of Canada
Power of attorney
Res ipsa loquitar
Contributory negligence
Democratic rights to vote or run for election

27. 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
Invitation to treat
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Municipal government

28. Latin term for 'It is not my deed
51% or 52%
Arraignment
Non est factum
Specific deterrence - general deterrence - rehabilitation - protection of the public

29. Bailment for the sole benefit of the bailor.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Floating charge
Slander and Libel
Gratuitous bailment

30. What are three ways a contract is breached?
Consideration
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equitable estoppal
Repudiation - sabotage - failure to perform

31. What does BFOR stand for?
Trademark infringement
Unconscionable transactions
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Bona fide occupational requirement

32. What are the five stages of a civil action?
Repudiation - Sabotage - Failure to perform
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

33. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Non est factum
Intentional - Unintentional
Exemplary damages
Unconscionable transactions

34. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Exceptions to the privity of contract rule
Thin Skull Rule
The items that should be included in a job description
Power of attorney

35. Defaming a business - a product or a property rather than a person.
The items that should be included in a job description
Unilateral Contract
Negligence Per se
Injurious Falsehood

36. 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
Power of attorney
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Land - buildings - fixtures
Instances under which an offer lapses

37. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Amortization
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Types of contracts which must be in writing
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

38. When the public is misled into believing that one company's goods or services are those a similar brand or product
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious liability
Personal and real
Passing off

39. Division of law that defines rights and remedies
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.
Substantive Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Passing off

40. List 5/6 items employers can expect from their employees
Sunset Clause
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reasonable Person Test

41. Promises made without consideration
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equitable estoppel
Gratuitous Promise
Actus reus

42. 5 reasons for evicting a guest.
Vicarious Liability
Positive Law
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.
Price fixing

43. Alcohol misuse under the Liquor License Act
Shareholders - board of directors - statutory officers - employees - and creditors
Equity financing - debt financing - sale of assets
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory negligence

44. 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?
Repudiation - sabotage - failure to perform
Vicarious Liability
Breach of contract
4 items that should be included in the job description

45. Beyond a reasonable doubt is what probability
Slander and Libel
98%
Parol Evidence Rule
Criminal - Family - Youth - Small claims court

46. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Uttering
Invitation to treat
Common - mutual and unilateral.

47. Division of Lower Provincial Courts
The kinds of misrepresentation
Intentional torts
Criminal - Family - Youth - Small claims court
Quantum meruit

48. Conditions for rightful dismissal.
Food and Drugs Act
Express deposit
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

49. 5 possible consequences if you default on your mortgage?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Injurious Falsehood
Democratic rights to vote or run for election

50. When two or more suppliers conspire to set prices.
Habeas corpus
Price fixing
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