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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. Author of the Universal Declaration of Human Rights in 1948?
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
John Humphrey
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Breach of contract

2. Alcohol misuse under the Liquor License Act
1) in the office - 2) every guestroom - and 3) public rooms (area).
Instances under which an offer lapses
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The kinds of misrepresentation

3. Damages imposed to make an example of the wrongdoer
Passing off
Non est factum
Exemplary damages
General damages

4. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Negligent Misrepresentation
Express deposit
Unilateral Contract
The items that should be included in a job description

5. 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
Passing off
Acts of God - acts of a public enemy - guests' own negligence
Passing off
Vicarious Liability

6. The exchange of benefits; the price a party pays for the promise
Land - buildings - fixtures
Consideration
Positive law
Criminal - Family - Youth - Small claims court

7. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Innocent - negligent - fraudulent
Common - mutual and unilateral.
'The thing speaks for itself'

8. 5 reasons for evicting a guest.
Quantum meruit
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.
Duty to mitigate
Intentional - Unintentional

9. What are exemplary damages?
Infra hospitium
Damages that are imposed to punish and to make an example of the offending party
Price fixing
'The thing speaks for itself'

10. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Option
Consideration
The 2 classes of servants

11. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Unilateral Contract
Duty to mitigate
1) in the office - 2) every guestroom - and 3) public rooms (area).

12. How can an employer escape alcohol misuse liability?
Intentional - Unintentional
Consideration
Criminal - Family - Youth - Small claims court
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.

13. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Lie flat to distribute the force of the impact
John Humphrey

14. Two types of negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Intentional - Unintentional
Damages that are imposed to punish and to make an example of the offending party
Factoring

15. Circumstances in which the authorities do not need a warrant to search your premises
Merit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Floating charge
6 primary purposes of tort law

16. In a criminal procedure list the 3 types of offenses
Ultra vires
Summary conviction (minor) - indictable (serious) - hybrid
Summary conviction - indictable - and hybrid
Express deposit

17. Guilty mind.
Quantum merits
Section 33 of the Charter
Equitable estoppel
Mens rea

18. Law created by a person or body with authority to enact and enforce it
Contributory negligence
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
Positive Law
Quantum meruit

19. Three types of intangibles
Uttering
Damages that are imposed to punish and to make an example of the offending party
Constitution
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

20. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Positive Law
Sunset Clause

21. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Passing off
Private law
Royal prerogatives

22. what are the four purposes of sentencing?
Notary
Specific deterrence - general deterrence - rehabilitation - protection of the public
John Humphrey
Intentional torts

23. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Vicarious Liability
Factoring
Common - mutual and unilateral.

24. This relationship exists when one person has the power to affect another person's property or legal interests
Proximate cause of the injury
Trademark infringement
Municipal government
Fiduciary Duty

25. 'It stands decided'
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Trademark infringement
Stare decisis
Equitable estoppel

26. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
E. Coli
Defenses to intentional Torts
Uttering
Food and Drugs Act

27. 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?
Food and Drugs Act
Passing off
Surcharge
Breach of contract

28. Division of Lower Provincial Courts
51% or 52%
'The thing speaks for itself'
Constitution
Criminal - Family - Youth - Small claims court

29. The plaintiff has been injured upon the result of his own negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Private law
Consideration
Contributory Negligence

30. Governor general and lieutenant governors
Stare decisis
Reiver
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.
Royal prerogatives

31. Latin for 'the thing speaks for itself'
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non delegable duty
Res ipsa loquitar

32. The division of law associated with interpersonal matters
Private law
Exceptions to the privity of contract rule
Types of contracts which must be in writing
Injurious Falsehood

33. 'To have the body'
Quantum meruit
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Habeas corpus
The parol evidence rule

34. Under contract law - list the three types of mistake the law recognizes.
Intentional - Unintentional
Common - mutual and unilateral.
Non est factum
Defenses to intentional Torts

35. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Prima facie
Damages that are imposed to punish and to make an example of the offending party
John Humphrey

36. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
4 items that should be included in the job description
Thin Skull Rule
Parol Evidence Rule
Option

37. 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
Reasonable Person Test
Merit
Defenses to intentional Torts
Power of attorney

38. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Players in the legal system

39. Two kinds of negligence
98%
Intentional - Unintentional
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Passing off

40. What are three ways a contract is breached
Price fixing
Repudiation - Sabotage - Failure to perform
The 4 principles of Equal Pay legislation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

41. Law is whatever judges say it is...
Easement
Damages that are imposed to punish and to make an example of the offending party
Legal realism
Passing off

42. Discrimination that is actually encouraged in our society
Merit
The parol evidence rule
Discoveries Stage
Quantum merits

43. When two or more suppliers conspire to set prices.
Option
Price fixing
Uttering
The items that should be included in a job description

44. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Floating charge
Option
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

45. Once a contract is written - it cannot be changed without the consent of both parties
Lie flat to distribute the force of the impact
Infra hospitium
Vicarious liability
Parol Evidence Rule

46. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Personal and real
Passing off
Landlord-tenant
John Humphrey

47. You shall have the body
Exceptions to the privity of contract rule
Power of Attorney
Habeas corpus
Intentional - Unintentional

48. A duty that cannot be given to someone else
Passing off
Injurious Falsehood
Non delegable duty
Agent

49. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Arraignment
Absolute liability
Res ipsa loquitar
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

50. Latin for guilty act and guilty mind
Reasonable Person Test
Actus reus and Mens rea
Fiduciary Duty
Noncompetition/nonsolicitation clauses