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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. Within the walls of the inn
E. Coli
Infra hospitium
Personal and real
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

2. Three types of intangibles
Arraignment
Easement
Fiduciary Duty
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

3. Two kinds of negligence
Democratic rights to vote or run for election
Intentional - Unintentional
Damages that are imposed to punish and to make an example of the offending party
Amortization

4. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Neighbour principle
Exceptions to the privity of contract rule
Absolute liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

5. Another word for 'reafian'?
Positive law
Reiver
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Good Samaritan Legislation

6. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
General damages
Duty to mitigate
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Common - mutual and unilateral.

7. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Salmonella
Consideration
Disclaimer
1) in the office - 2) every guestroom - and 3) public rooms (area).

8. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Personal and real
Vicarious Liability
By Performance - By Agreement - By Frustration - By Operation of law

9. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Reasons a contract may be impeached
Contributory Negligence
Sunset Clause
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.

10. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Trade mark
4 items that should be included in the job description
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence

11. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reiver
The kinds of misrepresentation
Disclaimer

12. First stage in a criminal court procedure
Res ipsa loquitar
Price fixing
Consideration
Arraignment

13. A plaintiff is partly or solely the cause of his or her own injury.
Notary
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party
The parol evidence rule

14. The most difficult element of negligence to prove
Section 33 of the Charter
Summary conviction - Indictable - Hybrid
Contributory negligence
Proximate cause of the injury

15. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Reasons a contract may be impeached
Trade mark

16. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Vicarious Liability
Parol Evidence Rule
Consideration

17. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Trade mark
Express deposit
Repudiation - Sabotage - Failure to perform
Non est factum

18. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Breach of contract
E. Coli
Food and Drugs Act

19. Use of another company's business name or logo without permission.
Trademark infringement
Factoring
Landlord-tenant
Quantum meruit

20. Author of the Universal Declaration of Human Rights
John Humphrey
Passing off
Noncompetition/nonsolicitation clauses
Boarding house - a rooming house - homes for seniors - and time-share arrangements

21. Guilty mind.
Mens rea
General damages
Power of Attorney
By Performance - By Agreement - By Frustration - By Operation of law

22. What must be established to substantiate a claim for bailment?
Sole proprietorship - partnership - and corporations
Infra hospitium
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
98%

23. Division of Lower Provincial Courts
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Criminal - Family - Youth - Small claims court
Sole proprietorship - partnership - and corporations
John Humphrey

24. Four methods to prevent potential legal action against your business.
Express deposit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Repudiation - Sabotage - Failure to perform
Summary conviction (minor) - indictable (serious) - hybrid

25. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
'The thing speaks for itself'
General damages
Vicarious Liability
The items that should be included in a job description

26. Guilty act in Latin.
To 'perfect' a lien
Municipal government
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Actus reus

27. Once a contract is written - it cannot be changed without the consent of both parties
Lie flat to distribute the force of the impact
Parol Evidence Rule
Infra hospitium
Specific deterrence - general deterrence - rehabilitation - protection of the public

28. Author of the Universal Declaration of Human Rights in 1948?
To 'perfect' a lien
Actus reus
John Humphrey
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

29. Minimum amount of hours needed to be eligible for EI benefits.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Exemplary damages
420 to 700 hours depending on the regional unemployment rate
Bona fide occupational requirement

30. Law based on moral - religious or philosophical grounds
Natural Law
Absolute liability
Absolute liability
Group termination

31. Law created by a person or body with authority to enact and enforce it
Exceptions to the privity of contract rule
Exemplary damages
Summary conviction - Indictable - Hybrid
Positive Law

32. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
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
Reasons a contract may be impeached
Nepotism
Res ipsa loquitar

33. Two types of negligence
Trade mark
Disclaimer
Intentional - Unintentional
By Performance - By Agreement - By Frustration - By Operation of law

34. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
4 items that should be included in the job description
Lie flat to distribute the force of the impact
Breach of contract

35. 3 types of business structures.
Section 33 of the Charter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Sole proprietorship - partnership - and corporations

36. How contracts can be discharged
Trademark infringement
51% or 52%
Breach of contract
By Performance - By Agreement - By Frustration - By Operation of law

37. Damages are awarded to compensate the injured party
Negligence
General damages
Unilateral Contract
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

38. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Floating charge
Royal prerogatives

39. Latin for guilty act and guilty mind
Contributory negligence
Reasonable Person Test
The kinds of misrepresentation
Actus reus and Mens rea

40. Most difficult element of negligence to prove
Equity financing - debt financing - sale of assets
Price fixing
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Ultra vires

41. Bailment for the sole benefit of the bailor.
Res ipsa loquitar
The parol evidence rule
Contributory negligence
Gratuitous bailment

42. An agreement by an offeror to leave an offer open for a specified period of time
Reasons a contract may be impeached
Contributory Negligence
Option
Infra hospitium

43. 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.
Noncompetition/nonsolicitation clauses
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
Defenses to intentional Torts
Fiduciary Duty

44. Surviving a falling elevator
Unilateral Contract
Express deposit
Lie flat to distribute the force of the impact
Acts of God - acts of a public enemy - guests' own negligence

45. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The 2 classes of servants
Open and notorious - unchallenged - exclusive - continuous
Fiduciary Duty

46. Political - religious beliefs - and affiliations
Creed
Unilateral Contract
Trademark infringement
Price fixing

47. What does BFOR stand for?
Contributory Negligence
Vicarious liability
Bona fide occupational requirement
Financial disloyalty - falsified qualifications - gross and continuing incompetence

48. Damages imposed to make an example of the wrongdoer
Exemplary damages
Slander and Libel
Prima facie
Equity financing - debt financing - sale of assets

49. Latin term for 'It is not my deed
Disclaimer
John Humphrey
The 2 classes of servants
Non est factum

50. Governor general and lieutenant governors
Mens rea
Injurious Falsehood
Trade mark
Royal prerogatives