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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. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Negligence Per se
Gratuitous bailment
Consideration
Passing off

2. 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?
Creed
Breach of contract
Reiver
Passing off

3. The plaintiff has been injured upon the result of his own negligence
Players in the legal system
The owner
John Humphrey
Contributory Negligence

4. list 4 elements of bailment
Food and Drugs Act
To 'perfect' a lien
Positive law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

5. How can an employer escape alcohol misuse liability?
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.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Defamation
420 to 700 hours depending on the regional unemployment rate

6. The exchange of benefits; the price a party pays for the promise
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration
Gratuitous Promise
Fiduciary Duty

7. 5 reasons for evicting a guest.
Passing off
The owner
Duty to mitigate
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.

8. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Infra hospitium
1) in the office - 2) every guestroom - and 3) public rooms (area).
Infra hospitium

9. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Vicarious Liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Negligent Misrepresentation
Injurious Falsehood

10. Within the walls of the inn
Sunset Clause
Contributory Negligence
Infra hospitium
Duty to mitigate

11. The most difficult element of negligence to prove
4 items that should be included in the job description
Proximate cause of the injury
Private law
Intentional - Unintentional

12. What are the two types of property?
Repudiation - sabotage - failure to perform
Proximate cause of the injury
Ultra vires
Personal and real

13. The level of government in charge of bylaws
98%
Creed
General - Punitive - Exemplary
Municipal government

14. A duty that cannot be given to someone else
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non delegable duty
'The thing speaks for itself'
Substantive Law

15. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Summary conviction (minor) - indictable (serious) - hybrid
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Natural Law

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

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17. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Summary conviction - indictable - and hybrid
Financial disloyalty - falsified qualifications - gross and continuing incompetence
$413 or 55% of the claimant's average insured earnings (whichever is less)

18. Legal responsibility for the negligence of another person
Private law
Landlord-tenant
Vicarious liability
Absolute liability

19. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Floating charge
Defamation
Sunset Clause
Contributory negligence

20. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Bona fide occupational requirement
The parol evidence rule
1) in the office - 2) every guestroom - and 3) public rooms (area).

21. What are three ways a contract is breached?
John Humphrey
Unconscionable transactions
Repudiation - sabotage - failure to perform
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

22. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Types of contracts which must be in writing
Four purpose of sentencing
Discoveries Stage
The 4 principles of Equal Pay legislation

23. 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
Landlord-tenant
Passing off
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

24. 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.
Negligent Misrepresentation
98%
Uttering

25. Stages of a civil action
Specific deterrence - general deterrence - rehabilitation - protection of the public
Intentional torts
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Bona fide occupational requirement

26. Once a contract is written - it cannot be changed without consent of both parties.
Sunset Clause
Theft of services
The parol evidence rule
John Humphrey

27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Discoveries Stage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
By Performance - By Agreement - By Frustration - By Operation of law

28. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Passing off
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Exceptions to the privity of contract rule
Non est factum

29. What are the five stages of a civil action?
Exceptions to the privity of contract rule
Restrictive covenant
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Positive law

30. 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
Contributory Negligence
Disclaimer
To 'perfect' a lien

31. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
To 'perfect' a lien
51% or 52%
Specific deterrence - general deterrence - rehabilitation - protection of the public

32. Res ipsa loquitur

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33. The division of law associated with interpersonal matters
Private law
Contributory negligence
Positive law
Common - mutual and unilateral.

34. Types of Damages
Pleadings - discoveries - pretrial and or mediation - trial - appeals
General - Punitive - Exemplary
Invitation to treat
The items that should be included in a job description

35. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Equitable estoppel
The 4 principles of Equal Pay legislation
Independent contractors - employees

36. Legislators - judges - jurors - lawyers - clients and police
Duty to mitigate
Reasons a contract may be impeached
Players in the legal system
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

37. Four methods to prevent potential legal action against your business.
Negligence
Sole proprietorship - partnership - and corporations
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
E. Coli

38. 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
Res ipsa loquitar
Ultra vires
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Open and notorious - unchallenged - exclusive - continuous

39. A plaintiff is partly or solely the cause of his or her own injury.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contributory negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Duty to mitigate

40. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Consideration
Price fixing
Defamation

41. What are some of the conditions for rightful dismissal?
Land - buildings - fixtures
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Floating charge

42. What are the three kinds of misrepresentation?
Democratic rights to vote or run for election
Innocent - negligent - fraudulent
Natural Law
Easement

43. 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
Trademark infringement
Trade mark
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

44. Allows a legislation to override the Charter
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Easement
Infra hospitium
Section 33 of the Charter

45. Two types of negligence
Intentional - Unintentional
Fiduciary Duty
Prima facie
Acts of God - acts of a public enemy - guests' own negligence

46. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
The 4 principles of Equal Pay legislation
Noncompetition/nonsolicitation clauses
Non delegable duty
Summary conviction (minor) - indictable (serious) - hybrid

47. 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.
E. Coli
Thin Skull Rule
Unconscionable transactions
Noncompetition/nonsolicitation clauses

48. In a criminal procedure list the 3 types of offenses
Section 33 of the Charter
Duty to mitigate
Summary conviction (minor) - indictable (serious) - hybrid
Option

49. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Uttering
Gratuitous bailment
Agent

50. 3 types of business structures.
Gratuitous Promise
Sole proprietorship - partnership - and corporations
To 'perfect' a lien
John Humphrey