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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. Spoken and written defamation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Innocent - negligent - fraudulent
Slander and Libel
1) in the office - 2) every guestroom - and 3) public rooms (area).

2. Another word for 'reafian'?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Repudiation - Sabotage - Failure to perform
Private law
Reiver

3. Food poisoning from hamburger
Intentional torts
E. Coli
Group termination
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

4. List 5/6 items employers can expect from their employees
Food and Drugs Act
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Intentional - Unintentional

5. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Restrictive covenant
Invitation to treat
Food and Drugs Act

6. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
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
Uttering
Positive Law

7. Within the walls of the inn
Sole proprietorship - partnership - and corporations
Infra hospitium
Theft of services
Contributory Negligence

8. Two types of 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
The 4 principles of Equal Pay legislation
Floating charge
Intentional - Unintentional

9. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Independent contractors - employees
Absolute liability
Exceptions to the privity of contract rule
Theft of services

10. First stage in a criminal court procedure
Arraignment
Floating charge
General - Punitive - Exemplary
Creed

11. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional
Fiduciary Duty

12. Damages are awarded to compensate the injured party
Quantum meruit
General damages
Equity financing - debt financing - sale of assets
Noncompetition/nonsolicitation clauses

13. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Legal realism
Negligence Per se
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Defenses to intentional Torts

14. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Equitable estoppel
Positive Law
Exemplary damages
Duty to mitigate

15. List the 4 conditions of adverse possession. (squatter's rights)
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Negligent Misrepresentation
Open and notorious - unchallenged - exclusive - continuous

16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Breach of contract
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule
420 to 700 hours depending on the regional unemployment rate

17. 5 reasons for evicting a guest.
The 2 classes of servants
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.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Creed

18. Stages of a civil action
Nepotism
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Damages that are imposed to punish and to make an example of the offending party
Royal prerogatives

19. It is not my deed
Non est factum
The 4 principles of Equal Pay legislation
Independent contractors - employees
Passing off

20. Laws duly enacted by a person or body having the authority to enact and enforce them.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Positive law
51% or 52%
Defenses to intentional Torts

21. Res ipsa loquitur

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22. List remedies one would expect when a contract is breached
Royal prerogatives
Passing off
Repudiation - Sabotage - Failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

23. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Summary conviction - Indictable - Hybrid
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence

24. What would a careful - thoughtful person in the same circumstances have done
Actus reus
Intentional torts
Reasonable Person Test
Intentional - Unintentional

25. What are three ways a contract is breached?
Landlord-tenant
Exceptions to the privity of contract rule
4 items that should be included in the job description
Repudiation - sabotage - failure to perform

26. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
To 'perfect' a lien
By Performance - By Agreement - By Frustration - By Operation of law
Negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public

27. Governor general and lieutenant governors
Trade mark
Royal prerogatives
Intentional - Unintentional
John Humphrey

28. This relationship exists when one person has the power to affect another person's property or legal interests
Negligence
Fiduciary Duty
Passing off
Option

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

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30. what are the four purposes of sentencing?
Injurious Falsehood
Unilateral Contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
Land - buildings - fixtures

31. Law created by a person or body with authority to enact and enforce it
Substantive Law
Vicarious Liability
Positive Law
Infra hospitium

32. What are the five stages of a civil action?
The items that should be included in a job description
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Stare decisis

33. 2 classes of servants.
Independent contractors - employees
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
Express deposit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

34. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Positive law
Power of Attorney
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

35. Allows a legislation to override the Charter
Section 33 of the Charter
Private law
Duty to mitigate
Habeas corpus

36. Political - religious beliefs - and affiliations
Creed
6 primary purposes of tort law
Players in the legal system
Summary conviction (minor) - indictable (serious) - hybrid

37. Innocent - negligent and fraudulent
Discoveries Stage
The kinds of misrepresentation
Power of attorney
Constitution

38. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
98%
Duty to mitigate
Repudiation - Sabotage - Failure to perform

39. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Exemplary damages
$413 or 55% of the claimant's average insured earnings (whichever is less)

40. 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.
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppel
General damages
Fiduciary Duty

41. What are the 5 tiers of the corporate structure.
Summary conviction - Indictable - Hybrid
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum
E. Coli

42. Regulation - deterrence - compensation - dispute resolution - education and prevention
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Financial disloyalty - falsified qualifications - gross and continuing incompetence
6 primary purposes of tort law
Agent

43. What are the two types of property?
Personal and real
Price fixing
Substantive Law
Criminal - Family - Youth - Small claims court

44. Under contract law - list the three types of mistake the law recognizes.
Group termination
Common - mutual and unilateral.
Uttering
Contributory Negligence

45. Who owns mislaid property?
Negligent Misrepresentation
Injurious Falsehood
Defamation
The owner

46. Fundamental freedoms in Section 2 of the Charter
Contributory Negligence
Mens rea
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Equity financing - debt financing - sale of assets

47. When two or more suppliers conspire to set prices.
Price fixing
Breach of contract
Passing off
Contributory negligence

48. Circumstances in which the authorities do not need a warrant to search your premises
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non est factum
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Gratuitous Promise

49. 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
Infra hospitium
Ultra vires
Price fixing
Equity financing - debt financing - sale of assets

50. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Surcharge
Absolute liability
Exemplary damages