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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. Damages are awarded to compensate the injured party
General damages
'The thing speaks for itself'
Reiver
Shareholders - board of directors - statutory officers - employees - and creditors

2. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Vicarious Liability
Exceptions to the privity of contract rule
Quantum meruit

3. Food poisoning from hamburger
E. Coli
Ultra vires
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

4. What are the three exceptions to the common law absolute liability rule.

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5. list 4 elements of bailment
Group termination
Agent
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Personal and real

6. How can an employer escape alcohol misuse liability?
Non delegable duty
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.
420 to 700 hours depending on the regional unemployment rate
Financial disloyalty - falsified qualifications - gross and continuing incompetence

7. Division of law that defines rights and remedies
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Substantive Law
Contributory Negligence
Repudiation - sabotage - failure to perform

8. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Noncompetition/nonsolicitation clauses
6 primary purposes of tort law
Food and Drugs Act

9. 'It stands decided'
Stare decisis
Legal realism
6 primary purposes of tort law
Fiduciary Duty

10. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Instances under which an offer lapses
To 'perfect' a lien
Open and notorious - unchallenged - exclusive - continuous
Uttering

11. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
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.
Summary conviction - Indictable - Hybrid
Types of contracts which must be in writing
Price fixing

12. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
To 'perfect' a lien
Reasons a contract may be impeached
Pleadings - discoveries - pretrial and or mediation - trial - appeals
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

13. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Invitation to treat
Land - buildings - fixtures
Parol Evidence Rule

14. The period of time required to pay off the principal completely at a set interest rate.
Gratuitous Promise
Contributory negligence
Amortization
Specific deterrence - general deterrence - rehabilitation - protection of the public

15. Once a contract is written - it cannot be changed without consent of both parties.
Power of Attorney
Sunset Clause
Uttering
The parol evidence rule

16. What must be established to substantiate a claim for bailment?
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
John Humphrey
Exemplary damages

17. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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18. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Four purpose of sentencing
Express deposit

19. Law based on moral - religious or philosophical grounds
Natural Law
'The thing speaks for itself'
Intentional - Unintentional
Non delegable duty

20. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory negligence
Equitable estoppal
Neighbour principle

21. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Vicarious liability
Parol Evidence Rule
Bona fide occupational requirement

22. What are the three kinds of misrepresentation?
Bona fide occupational requirement
Agent
Innocent - negligent - fraudulent
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

23. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
Municipal government
Defenses to intentional Torts
Disclaimer

24. 2 classes of servants.
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Independent contractors - employees
Ultra vires

25. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Restrictive covenant
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Infra hospitium
Exceptions to the privity of contract rule

26. A plaintiff is partly or solely the cause of his or her own injury
Habeas corpus
Exemplary damages
'The thing speaks for itself'
Contributory negligence

27. Law created by a person or body with authority to enact and enforce it
Acts of God - acts of a public enemy - guests' own negligence
Lie flat to distribute the force of the impact
Positive Law
Power of attorney

28. Author of the 1948 Universal Declaration of Human Rights
Intentional - Unintentional
Intentional torts
John Humphrey
Personal and real

29. Once a contract is written - it cannot be changed without the consent of both parties
Non est factum
Parol Evidence Rule
The owner
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.

30. List the 4 conditions of adverse possession. (squatter's rights)
Quantum meruit
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppal

31. What are three ways a contract is breached?
Types of contracts which must be in writing
Disclaimer
Non est factum
Repudiation - sabotage - failure to perform

32. What are the 5 tiers of the corporate structure.
Royal prerogatives
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.
Theft of services
Shareholders - board of directors - statutory officers - employees - and creditors

33. Promises made without consideration
Gratuitous Promise
Exceptions to the privity of contract rule
4 items that should be included in the job description
Equitable estoppal

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

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35. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Neighbour principle
Sunset Clause
Intentional - Unintentional
Food and Drugs Act

36. Spoken and written defamation
General damages
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Slander and Libel
Four purpose of sentencing

37. Laws duly enacted by a person or body having the authority to enact and enforce them.
Merit
Positive law
Open and notorious - unchallenged - exclusive - continuous
Amortization

38. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Notary
Innocent - negligent - fraudulent
Consideration

39. List 3 ways to finance a new or existing business.
General damages
Defamation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equity financing - debt financing - sale of assets

40. List 5/6 items employers can expect from their employees
98%
Players in the legal system
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Floating charge

41. 'To have the body'
Habeas corpus
Unilateral Contract
Innocent - negligent - fraudulent
Democratic rights to vote or run for election

42. Independent contractors and employees.
Gratuitous Promise
The 2 classes of servants
Acts of God - acts of a public enemy - guests' own negligence
Personal and real

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Exceptions to the privity of contract rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Surcharge
Passing off

44. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Option
Power of Attorney
Factoring
Intentional - Unintentional

45. An agreement by an offeror to leave an offer open for a specified period of time
Acts of God - acts of a public enemy - guests' own negligence
Option
Reasonable Person Test
Actus reus

46. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Natural Law
Gratuitous bailment
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

47. 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?
Negligence Per se
Breach of contract
Gratuitous bailment
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.

48. In a criminal procedure list the 3 types of offenses
51% or 52%
Negligence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction (minor) - indictable (serious) - hybrid

49. Bailment for the sole benefit of the bailor.
Personal and real
John Humphrey
Gratuitous bailment
Exceptions to the privity of contract rule

50. When two or more suppliers conspire to set prices.
Four purpose of sentencing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Price fixing
Fiduciary Duty