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Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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. When 50 or more employees are laid off within 2 months.
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.
Group termination
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
2. Res ipsa loquitur
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3. Latin for guilty act and guilty mind
Positive law
Actus reus and Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Summary conviction (minor) - indictable (serious) - hybrid
4. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Invitation to treat
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Duty to mitigate
'The thing speaks for itself'
5. An agreement by an offeror to leave an offer open for a specified period of time
Democratic rights to vote or run for election
Merit
Constitution
Option
6. 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.
Proximate cause of the injury
Fiduciary Duty
Slander and Libel
$413 or 55% of the claimant's average insured earnings (whichever is less)
7. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Exemplary damages
Passing off
The 2 classes of servants
8. Food Poisoning from chicken
The kinds of misrepresentation
Salmonella
Private law
Equitable estoppal
9. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Equitable estoppel
Negligence
Unconscionable transactions
Agent
10. Spoken and written defamation
Disclaimer
Slander and Libel
Democratic rights to vote or run for election
Legal realism
11. Damages are awarded to compensate the injured party
General damages
$413 or 55% of the claimant's average insured earnings (whichever is less)
Infra hospitium
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
12. Guilty act in Latin.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Exceptions to the privity of contract rule
Good Samaritan Legislation
Actus reus
13. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Salmonella
$413 or 55% of the claimant's average insured earnings (whichever is less)
Food and Drugs Act
Boarding house - a rooming house - homes for seniors - and time-share arrangements
14. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Defamation
Intentional torts
Power of Attorney
Passing off
15. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Intentional - Unintentional
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.
Arraignment
16. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
6 primary purposes of tort law
Shareholders - board of directors - statutory officers - employees - and creditors
By Performance - By Agreement - By Frustration - By Operation of law
Types of contracts which must be in writing
17. The price a party pays for the promise.
John Humphrey
Consideration
Non est factum
Noncompetition/nonsolicitation clauses
18. 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.
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.
Thin Skull Rule
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
Royal prerogatives
19. Author of the 1948 Universal Declaration of Human Rights
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Discoveries Stage
Non delegable duty
John Humphrey
20. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Negligence Per se
Easement
Specific deterrence - general deterrence - rehabilitation - protection of the public
Instances under which an offer lapses
21. Two types of negligence
Infra hospitium
Intentional - Unintentional
Reiver
Intentional torts
22. Author of the Universal Declaration of Human Rights in 1948?
Actus reus and Mens rea
Gratuitous bailment
General damages
John Humphrey
23. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Floating charge
Express deposit
Power of Attorney
Open and notorious - unchallenged - exclusive - continuous
24. Once a contract is written - it cannot be changed without the consent of both parties
Agent
Trademark infringement
Trade mark
Parol Evidence Rule
25. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Negligence
Landlord-tenant
Power of attorney
Nepotism
26. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Summary conviction - Indictable - Hybrid
Food and Drugs Act
Discoveries Stage
Unilateral Contract
27. List the 3 subtle signs of intoxication.
Duty to mitigate
Non est factum
Intentional torts
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
28. The level of government in charge of bylaws
John Humphrey
Municipal government
Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
29. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Negligent Misrepresentation
Agent
Fiduciary Duty
30. This person acts on behalf of the principal
Factoring
Agent
Group termination
Negligence Per se
31. Guilty mind.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Defamation
Exceptions to the privity of contract rule
Mens rea
32. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Amortization
Four purpose of sentencing
John Humphrey
33. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Section 33 of the Charter
Disclaimer
420 to 700 hours depending on the regional unemployment rate
34. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
The 4 principles of Equal Pay legislation
Summary conviction - indictable - and hybrid
Option
Reasons a contract may be impeached
35. Types of Damages
The 2 classes of servants
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
General - Punitive - Exemplary
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
36. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Gratuitous bailment
Trade mark
General damages
Intentional torts
37. Law created by a person or body with authority to enact and enforce it
Positive Law
Negligent Misrepresentation
Arraignment
Good Samaritan Legislation
38. It is not my deed
Types of contracts which must be in writing
Intentional torts
Equitable estoppal
Non est factum
39. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Restrictive covenant
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
40. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Option
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
The items that should be included in a job description
41. What are the three kinds of misrepresentation?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Price fixing
Innocent - negligent - fraudulent
Res ipsa loquitar
42. A duty that cannot be given to someone else
Agent
Private law
Power of Attorney
Non delegable duty
43. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Royal prerogatives
Neighbour principle
Sunset Clause
Gratuitous Promise
44. 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
Instances under which an offer lapses
Equity financing - debt financing - sale of assets
The 4 principles of Equal Pay legislation
45. Favoritism granted to relatives or friends regardless of merit
Summary conviction - indictable - and hybrid
Ultra vires
Criminal - Family - Youth - Small claims court
Nepotism
46. List 5/6 items employers can expect from their employees
Absolute liability
Defamation
Trademark infringement
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
47. A promise for an action
Unilateral Contract
Contributory Negligence
Fiduciary Duty
To 'perfect' a lien
48. 'It stands decided'
Natural Law
Repudiation - Sabotage - Failure to perform
Stare decisis
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
49. What does real property include?
Legal realism
Food and Drugs Act
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Land - buildings - fixtures
50. 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
Habeas corpus
Contributory negligence
Vicarious Liability
Infra hospitium
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