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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. Author of the 1948 Universal Declaration of Human Rights
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
John Humphrey
Reasons a contract may be impeached
Neighbour principle

2. List remedies one would expect when a contract is breached
Bona fide occupational requirement
Shareholders - board of directors - statutory officers - employees - and creditors
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off

3. Alcohol misuse under the Liquor License Act
Repudiation - sabotage - failure to perform
Theft of services
Specific deterrence - general deterrence - rehabilitation - protection of the public
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

4. Someone who certifies documents - but does not draft documents
Notary
Unilateral Contract
Price fixing
Thin Skull Rule

5. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Fiduciary Duty
Exceptions to the privity of contract rule
Intentional - Unintentional
Duty to mitigate

6. Author of the Universal Declaration of Human Rights in 1948?
Municipal government
Salmonella
Fiduciary Duty
John Humphrey

7. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Express deposit
Food and Drugs Act
Uttering

8. Bailment for the sole benefit of the bailor.
Amortization
6 primary purposes of tort law
Gratuitous bailment
Gratuitous Promise

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
By Performance - By Agreement - By Frustration - By Operation of law
Unilateral Contract
Nepotism
4 items that should be included in the job description

10. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Floating charge
Parol Evidence Rule
E. Coli

11. Circumstances in which the authorities do not need a warrant to search your premises
Non delegable duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
John Humphrey
Exceptions to the privity of contract rule

12. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Amortization
Salmonella

13. The amount he merits
Quantum merits
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Landlord-tenant
Types of contracts which must be in writing

14. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Personal and real
Habeas corpus
Creed

15. What are the two types of property?
Negligent Misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law
Lie flat to distribute the force of the impact
Personal and real

16. This relationship exists when one person has the power to affect another person's property or legal interests
Merit
51% or 52%
Fiduciary Duty
Negligence Per se

17. An agreement by an offeror to leave an offer open for a specified period of time
51% or 52%
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Negligence

18. Food poisoning from hamburger
Quantum merits
E. Coli
Open and notorious - unchallenged - exclusive - continuous
Discoveries Stage

19. What does BFOR stand for?
Democratic rights to vote or run for election
Infra hospitium
Bona fide occupational requirement
Repudiation - sabotage - failure to perform

20. 3 types of offenses in a criminal procedure
98%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Quantum merits
Summary conviction - Indictable - Hybrid

21. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Trademark infringement
Reasons a contract may be impeached
'The thing speaks for itself'
Passing off

22. 'It stands decided'
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Stare decisis
Food and Drugs Act
John Humphrey

23. Division of Lower Provincial Courts
The 4 principles of Equal Pay legislation
Discoveries Stage
Criminal - Family - Youth - Small claims court
Gratuitous Promise

24. A promise for an action
Nepotism
Non delegable duty
Unilateral Contract
Boarding house - a rooming house - homes for seniors - and time-share arrangements

25. 'To have the body'
Specific deterrence - general deterrence - rehabilitation - protection of the public
Discoveries Stage
Habeas corpus
The owner

26. Two types of negligence
Intentional - Unintentional
Exemplary damages
Summary conviction (minor) - indictable (serious) - hybrid
Floating charge

27. Discrimination that is actually encouraged in our society
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Merit

28. Damages are awarded to compensate the injured party
Food and Drugs Act
Express deposit
General damages
Landlord-tenant

29. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Arraignment
Consideration
Gratuitous bailment

30. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Gratuitous Promise
Duty to mitigate
The kinds of misrepresentation
Passing off

31. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Unconscionable transactions
420 to 700 hours depending on the regional unemployment rate
Defenses to intentional Torts

32. First stage in a criminal court procedure
Arraignment
Vicarious liability
Infra hospitium
Four purpose of sentencing

33. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Merit
The items that should be included in a job description
Non delegable duty
Types of contracts which must be in writing

34. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Quantum merits
Intentional - Unintentional
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

35. Who owns mislaid property?
The items that should be included in a job description
Independent contractors - employees
The parol evidence rule
The owner

36. Legislators - judges - jurors - lawyers - clients and police
To 'perfect' a lien
Negligence Per se
Slander and Libel
Players in the legal system

37. 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.
Proximate cause of the injury
Fiduciary Duty
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

38. 5 possible consequences if you default on your mortgage?
The 2 classes of servants
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The owner
Summary conviction (minor) - indictable (serious) - hybrid

39. Author of the Universal Declaration of Human Rights
The 2 classes of servants
Quantum merits
John Humphrey
Prima facie

40. Three types of intangibles
Land - buildings - fixtures
Breach of contract
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Positive Law

41. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Reiver
Gratuitous bailment
Reasonable Person Test

42. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Open and notorious - unchallenged - exclusive - continuous
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

43. Regulation - deterrence - compensation - dispute resolution - education and prevention
John Humphrey
6 primary purposes of tort law
Price fixing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

44. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
General damages
Unconscionable transactions
Reasons a contract may be impeached

45. The price a party pays for the promise.
Substantive Law
Notary
Consideration
Equitable estoppal

46. Res ipsa loquitur

47. What does real property include?
Land - buildings - fixtures
Group termination
Intentional torts
Salmonella

48. Within the walls of the inn
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contributory Negligence
Infra hospitium

49. Under contract law - list the three types of mistake the law recognizes.
Criminal - Family - Youth - Small claims court
Common - mutual and unilateral.
Reasonable Person Test
Exceptions to the privity of contract rule

50. Law based on moral - religious or philosophical grounds
Royal prerogatives
E. Coli
Surcharge
Natural Law