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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. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Absolute liability
Intentional - Unintentional
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Instances under which an offer lapses

2. This relationship exists when one person has the power to affect another person's property or legal interests
Bona fide occupational requirement
Nepotism
Fiduciary Duty
Power of Attorney

3. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Summary conviction - indictable - and hybrid
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Intentional - Unintentional

4. What are three ways a contract is breached
Four purpose of sentencing
Repudiation - Sabotage - Failure to perform
Notary
Passing off

5. Three types of offences
Habeas corpus
Vicarious Liability
Injurious Falsehood
Summary conviction - indictable - and hybrid

6. Use of another company's business name or logo without permission.
Trademark infringement
Summary conviction - Indictable - Hybrid
Absolute liability
Non est factum

7. what are the four purposes of sentencing?
Negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Specific deterrence - general deterrence - rehabilitation - protection of the public

8. 5 possible consequences if you default on your mortgage?
Defamation
Duty to mitigate
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consideration

9. When two or more suppliers conspire to set prices.
Contributory negligence
Shareholders - board of directors - statutory officers - employees - and creditors
Price fixing
Reasons a contract may be impeached

10. When the public is misled into believing that one company's goods or services are those a similar brand or product
The owner
Section 33 of the Charter
Discoveries Stage
Passing off

11. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
$413 or 55% of the claimant's average insured earnings (whichever is less)
Damages that are imposed to punish and to make an example of the offending party
Power of Attorney

12. Law created by a person or body with authority to enact and enforce it
Surcharge
Positive Law
Non est factum
Gratuitous Promise

13. Law is whatever judges say it is...
Legal realism
Intentional torts
The 2 classes of servants
Players in the legal system

14. This person acts on behalf of the principal
Specific deterrence - general deterrence - rehabilitation - protection of the public
Agent
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Natural Law

15. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Private law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - Indictable - Hybrid

16. Latin term for 'On the face of it'.
Creed
Unilateral Contract
Summary conviction - Indictable - Hybrid
Prima facie

17. An advertisement is an example of this... lets people know that you are ready to accept offers
Consideration
Breach of contract
Invitation to treat
6 primary purposes of tort law

18. 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
Discoveries Stage
Defenses to intentional Torts
Gratuitous bailment

19. Types of Damages
Reasonable Person Test
General - Punitive - Exemplary
Theft of services
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.

20. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Trade mark
Power of Attorney
John Humphrey
Unconscionable transactions

21. First stage in a criminal court procedure
Arraignment
Constitution
The items that should be included in a job description
To 'perfect' a lien

22. Promises made without consideration
Substantive Law
Criminal - Family - Youth - Small claims court
Gratuitous Promise
Disclaimer

23. In a criminal procedure list the 3 types of offenses
Vicarious liability
Criminal - Family - Youth - Small claims court
Summary conviction (minor) - indictable (serious) - hybrid
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

24. Law based on moral - religious or philosophical grounds
Theft of services
Trade mark
Natural Law
Fiduciary Duty

25. The most difficult element of negligence to prove
Personal and real
Proximate cause of the injury
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Option

26. List 5/6 items employers can expect from their employees
Repudiation - sabotage - failure to perform
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Damages that are imposed to punish and to make an example of the offending party
Trade mark

27. Innocent - negligent and fraudulent
The kinds of misrepresentation
Democratic rights to vote or run for election
Passing off
Contributory negligence

28. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
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
51% or 52%

29. What is the maximum weekly EI benefit?

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30. Latin for guilty act and guilty mind
Actus reus and Mens rea
Non est factum
Non delegable duty
420 to 700 hours depending on the regional unemployment rate

31. Damages imposed to make an example of the wrongdoer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reasonable Person Test
Exemplary damages
Royal prerogatives

32. An agreement by an offeror to leave an offer open for a specified period of time
Option
Non est factum
Specific deterrence - general deterrence - rehabilitation - protection of the public
Restrictive covenant

33. list 4 elements of bailment
John Humphrey
Price fixing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consideration

34. Two types of negligence
Legal realism
Absolute liability
Intentional - Unintentional
Passing off

35. 3 types of offenses in a criminal procedure
Parol Evidence Rule
Infra hospitium
The parol evidence rule
Summary conviction - Indictable - Hybrid

36. You shall have the body
Habeas corpus
Power of attorney
Fiduciary Duty
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

37. List the 4 conditions of adverse possession. (squatter's rights)
Stare decisis
Consideration
Open and notorious - unchallenged - exclusive - continuous
Thin Skull Rule

38. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Nepotism
Power of attorney
E. Coli

39. The division of law associated with interpersonal matters
Negligent Misrepresentation
Passing off
Private law
Express deposit

40. Another word for 'reafian'?
Slander and Libel
The items that should be included in a job description
Legal realism
Reiver

41. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Actus reus
Consideration
John Humphrey
Exceptions to the privity of contract rule

42. 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.
Merit
Trademark infringement
Constitution
Fiduciary Duty

43. Food Poisoning from chicken
The owner
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
Salmonella
Quantum merits

44. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Bona fide occupational requirement
Consideration
Open and notorious - unchallenged - exclusive - continuous

45. Fundamental freedoms in Section 2 of the Charter
Trademark infringement
Habeas corpus
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Equitable estoppel

46. Latin term for 'It is not my deed
Non est factum
Players in the legal system
Gratuitous bailment
Equitable estoppal

47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Arraignment
Personal and real
Absolute liability

48. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Slander and Libel
Express deposit
Boarding house - a rooming house - homes for seniors - and time-share arrangements

49. List remedies one would expect when a contract is breached
Option
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Slander and Libel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

50. A restriction placed on some aspect of land use.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Substantive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Restrictive covenant