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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. Law is whatever judges say it is...
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
Players in the legal system
By Performance - By Agreement - By Frustration - By Operation of law
Legal realism

2. Legislators - judges - jurors - lawyers - clients and police
Merit
Municipal government
Players in the legal system
The items that should be included in a job description

3. Four methods to prevent potential legal action against your business.
Theft of services
$413 or 55% of the claimant's average insured earnings (whichever is less)
The 4 principles of Equal Pay legislation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

4. The amount he merits
Surcharge
98%
Quantum merits
The items that should be included in a job description

5. Res ipsa loquitur

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6. List the 4 conditions of adverse possession. (squatter's rights)
Actus reus
Uttering
Open and notorious - unchallenged - exclusive - continuous
Negligence

7. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
51% or 52%
Ultra vires
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Price fixing

8. 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
Power of Attorney
Contributory negligence
By Performance - By Agreement - By Frustration - By Operation of law
Vicarious Liability

9. 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.
Theft of services
Floating charge
6 primary purposes of tort law
Open and notorious - unchallenged - exclusive - continuous

10. A plaintiff is partly or solely the cause of his or her own injury.
Factoring
Contributory negligence
Legal realism
1) in the office - 2) every guestroom - and 3) public rooms (area).

11. Fundamental freedoms in Section 2 of the Charter
1) in the office - 2) every guestroom - and 3) public rooms (area).
Shareholders - board of directors - statutory officers - employees - and creditors
Notary
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. Guilty act in Latin.
Section 33 of the Charter
Bona fide occupational requirement
Actus reus
Fiduciary Duty

13. Independent contractors and employees.
The 2 classes of servants
Injurious Falsehood
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Actus reus

14. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Contributory negligence
Types of contracts which must be in writing
Sole proprietorship - partnership - and corporations
Reasons a contract may be impeached

15. This relationship exists when one person has the power to affect another person's property or legal interests
Open and notorious - unchallenged - exclusive - continuous
Disclaimer
Land - buildings - fixtures
Fiduciary Duty

16. Notices of statutory provisions limiting liability be posted where?
Price fixing
The items that should be included in a job description
The 4 principles of Equal Pay legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).

17. Three types of intangibles
Trademark infringement
Sole proprietorship - partnership - and corporations
E. Coli
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

18. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Gratuitous Promise
Consideration
Floating charge

19. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The 4 principles of Equal Pay legislation
General damages

20. Beyond a reasonable doubt is what probability
Equitable estoppal
Defamation
The items that should be included in a job description
98%

21. What are the 5 tiers of the corporate structure.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Shareholders - board of directors - statutory officers - employees - and creditors
Municipal government
Open and notorious - unchallenged - exclusive - continuous

22. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Intentional - Unintentional
Four purpose of sentencing
Specific deterrence - general deterrence - rehabilitation - protection of the public
Stare decisis

23. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Habeas corpus
Discoveries Stage
Unconscionable transactions
Four purpose of sentencing

24. Surviving a falling elevator
Lie flat to distribute the force of the impact
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Quantum meruit
Common - mutual and unilateral.

25. What are exemplary damages?
Municipal government
John Humphrey
Creed
Damages that are imposed to punish and to make an example of the offending party

26. Circumstances in which the authorities do not need a warrant to search your premises
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Actus reus and Mens rea
Trademark infringement

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

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28. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Innocent - negligent - fraudulent
Negligence Per se
Discoveries Stage
$413 or 55% of the claimant's average insured earnings (whichever is less)

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Breach of contract
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Section 33 of the Charter
Exceptions to the privity of contract rule

30. 5 possible consequences if you default on your mortgage?
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Reasonable Person Test
The parol evidence rule

31. Types of Damages
Discoveries Stage
Stare decisis
General - Punitive - Exemplary
The parol evidence rule

32. Laws duly enacted by a person or body having the authority to enact and enforce them.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Food and Drugs Act
Positive law
Lie flat to distribute the force of the impact

33. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Constitution
Non est factum
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Express deposit

34. When the public is misled into believing that one company's goods or services are those a similar brand or product
Non delegable duty
Res ipsa loquitar
Exemplary damages
Passing off

35. 2 classes of servants.
Independent contractors - employees
Reasonable Person Test
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction - indictable - and hybrid

36. list 4 elements of bailment
Breach of contract
Power of attorney
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Uttering

37. Innocent - negligent and fraudulent
Natural Law
The kinds of misrepresentation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Neighbour principle

38. What are the three kinds of misrepresentation?
Power of attorney
Innocent - negligent - fraudulent
Salmonella
Quantum merits

39. It is not my deed
Personal and real
Positive Law
Intentional torts
Non est factum

40. Defaming a business - a product or a property rather than a person.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Injurious Falsehood
Absolute liability
Constitution

41. Law based on moral - religious or philosophical grounds
Salmonella
Natural Law
Common - mutual and unilateral.
Proximate cause of the injury

42. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Equitable estoppal
Disclaimer
Absolute liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals

43. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Players in the legal system
Negligence Per se
Group termination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

44. When two or more suppliers conspire to set prices.
Breach of contract
Price fixing
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid

45. Three types of offences
Food and Drugs Act
Positive law
Equity financing - debt financing - sale of assets
Summary conviction - indictable - and hybrid

46. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Actus reus and Mens rea
Gratuitous bailment
Breach of contract

47. An agreement by an offeror to leave an offer open for a specified period of time
Breach of contract
The parol evidence rule
Option
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

48. You shall have the body
Habeas corpus
Land - buildings - fixtures
Non est factum
Repudiation - Sabotage - Failure to perform

49. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Injurious Falsehood
Constitution
Personal and real

50. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Gratuitous bailment
Factoring
Exceptions to the privity of contract rule
Negligence