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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. What are the two types of property?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Personal and real
Types of contracts which must be in writing
Infra hospitium

2. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Easement
Disclaimer
Criminal - Family - Youth - Small claims court

3. Division of Lower Provincial Courts
Legal realism
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Criminal - Family - Youth - Small claims court
Constitution

4. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Vicarious liability
Instances under which an offer lapses
Trademark infringement

5. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Gratuitous Promise
John Humphrey
Sunset Clause
Discoveries Stage

6. What are the three kinds of misrepresentation?
Players in the legal system
Private law
Actus reus
Innocent - negligent - fraudulent

7. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Open and notorious - unchallenged - exclusive - continuous
Instances under which an offer lapses
Nepotism

8. The most difficult element of negligence to prove
Non est factum
Option
Proximate cause of the injury
Factoring

9. When the police do not need a warrant to search your residence and/or business?
Summary conviction (minor) - indictable (serious) - hybrid
Innocent - negligent - fraudulent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Actus reus

10. Author of the 1948 Universal Declaration of Human Rights
Trademark infringement
Creed
Notary
John Humphrey

11. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Consideration
Vicarious Liability
Salmonella

12. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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
Creed
The 4 principles of Equal Pay legislation

13. Favoritism granted to relatives or friends regardless of merit
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reiver
Nepotism
Option

14. 5 possible consequences if you default on your mortgage?
Repudiation - sabotage - failure to perform
Positive law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exemplary damages

15. 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
Proximate cause of the injury
Thin Skull Rule
Personal and real

16. Damages imposed to make an example of the wrongdoer
Exemplary damages
6 primary purposes of tort law
Reasons a contract may be impeached
Innocent - negligent - fraudulent

17. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Absolute liability
Mens rea
Trademark infringement

18. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Express deposit
Quantum merits
The items that should be included in a job description
Salmonella

19. Latin for guilty act and guilty mind
Infra hospitium
Summary conviction - indictable - and hybrid
Actus reus and Mens rea
Absolute liability

20. Division of law that defines rights and remedies
Power of Attorney
Vicarious liability
Consideration
Substantive Law

21. A duty that cannot be given to someone else
Non delegable duty
Substantive Law
The 4 principles of Equal Pay legislation
Intentional - Unintentional

22. How can an employer escape alcohol misuse liability?
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.
Repudiation - Sabotage - Failure to perform
Defenses to intentional Torts
Infra hospitium

23. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Positive law
Duty to mitigate
Negligence Per se

24. What would a careful - thoughtful person in the same circumstances have done
Criminal - Family - Youth - Small claims court
Reasonable Person Test
Substantive Law
Floating charge

25. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Sole proprietorship - partnership - and corporations
Fiduciary Duty
Absolute liability

26. Minimum amount of hours needed to be eligible for EI benefits.
The items that should be included in a job description
Four purpose of sentencing
Amortization
420 to 700 hours depending on the regional unemployment rate

27. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Fiduciary Duty
Municipal government
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

28. A plaintiff is partly or solely the cause of his or her own injury
Types of contracts which must be in writing
Option
Contributory negligence
Democratic rights to vote or run for election

29. The publication of a false statement about someone either verbally or in writing which damages their reputation
Positive Law
Disclaimer
Option
Defamation

30. Allows a legislation to override the Charter
98%
Summary conviction (minor) - indictable (serious) - hybrid
Section 33 of the Charter
Discoveries Stage

31. 'To have the body'
Acts of God - acts of a public enemy - guests' own negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Habeas corpus
Passing off

32. Legal responsibility for the negligence of another person
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Repudiation - Sabotage - Failure to perform
Amortization
Vicarious liability

33. Which of the following rights does the Charter guarantee only to citizens of Canada
John Humphrey
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Democratic rights to vote or run for election
Defenses to intentional Torts

34. Circumstances in which the authorities do not need a warrant to search your premises
Defenses to intentional Torts
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

35. Who owns mislaid property?
The owner
Land - buildings - fixtures
Passing off
Gratuitous Promise

36. Latin for 'the thing speaks for itself'
Mens rea
Res ipsa loquitar
Unilateral Contract
Factoring

37. Law is whatever judges say it is...
Habeas corpus
Unilateral Contract
Repudiation - sabotage - failure to perform
Legal realism

38. A person who becomes ill but did not pay for the meal can sue the establishment
Lie flat to distribute the force of the impact
Restrictive covenant
Neighbour principle
The kinds of misrepresentation

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Passing off
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
Exceptions to the privity of contract rule
Personal and real

40. Guilty act in Latin.
98%
Positive Law
Actus reus
Exemplary damages

41. Selling accounts receivable at a discount.
Non delegable duty
Negligent Misrepresentation
Summary conviction (minor) - indictable (serious) - hybrid
Factoring

42. What does BFOR stand for?
Unconscionable transactions
Intentional - Unintentional
Non est factum
Bona fide occupational requirement

43. Innocent - negligent and fraudulent
Habeas corpus
The kinds of misrepresentation
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Power of Attorney

44. The level of government in charge of bylaws
Municipal government
Mens rea
Passing off
51% or 52%

45. Types of Damages
Consideration
Passing off
Theft of services
General - Punitive - Exemplary

46. Notices of statutory provisions limiting liability be posted where?
Exceptions to the privity of contract rule
Lie flat to distribute the force of the impact
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

47. What are some of the conditions for rightful dismissal?
Negligent Misrepresentation
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equitable estoppal

48. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Landlord-tenant
Intentional torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

49. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Non est factum
Exceptions to the privity of contract rule
Private law
Instances under which an offer lapses

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

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