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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. Types of Damages
Fiduciary Duty
General - Punitive - Exemplary
Municipal government
420 to 700 hours depending on the regional unemployment rate

2. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Independent contractors - employees
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious Liability
Unconscionable transactions

3. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Floating charge
Repudiation - sabotage - failure to perform
Contributory negligence

4. A plaintiff is partly or solely the cause of his or her own injury
Summary conviction - Indictable - Hybrid
Legal realism
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Contributory negligence

5. The plaintiff has been injured upon the result of his own negligence
Option
Contributory Negligence
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals

6. List 3 ways to finance a new or existing business.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
E. Coli
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
Equity financing - debt financing - sale of assets

7. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The 4 principles of Equal Pay legislation
Nepotism
4 items that should be included in the job description
Consideration

8. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Group termination
Gratuitous bailment
John Humphrey

9. Latin term for 'It is not my deed
Consideration
Injurious Falsehood
John Humphrey
Non est factum

10. Surviving a falling elevator
Lie flat to distribute the force of the impact
Salmonella
Repudiation - sabotage - failure to perform
Actus reus

11. List remedies one would expect when a contract is breached
Legal realism
Disclaimer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
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

12. The exchange of benefits; the price a party pays for the promise
Consideration
Restrictive covenant
John Humphrey
Actus reus

13. When the public is misled into believing that one company's goods or services are those a similar brand or product
Criminal - Family - Youth - Small claims court
51% or 52%
Reasonable Person Test
Passing off

14. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Floating charge
Group termination
Absolute liability
Merit

15. Within the walls of the inn
51% or 52%
Infra hospitium
Passing off
Equitable estoppal

16. 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.
Injurious Falsehood
Absolute liability
Thin Skull Rule
Contributory negligence

17. Latin term for 'On the face of it'.
Prima facie
Defamation
Repudiation - Sabotage - Failure to perform
Personal and real

18. What are three ways a contract is breached?
Habeas corpus
Consideration
Exemplary damages
Repudiation - sabotage - failure to perform

19. Division of Lower Provincial Courts
Intentional - Unintentional
By Performance - By Agreement - By Frustration - By Operation of law
Exemplary damages
Criminal - Family - Youth - Small claims court

20. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Unconscionable transactions
Food and Drugs Act
John Humphrey
Exceptions to the privity of contract rule

21. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Passing off
Gratuitous Promise
John Humphrey

22. Fundamental freedoms in Section 2 of the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
General damages
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Legal realism
Land - buildings - fixtures
Negligence
Restrictive covenant

24. Three types of offences
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
Thin Skull Rule
General damages
Summary conviction - indictable - and hybrid

25. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
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.
Bona fide occupational requirement
Trademark infringement

26. When two or more suppliers conspire to set prices.
Passing off
Price fixing
Fiduciary Duty
Sole proprietorship - partnership - and corporations

27. Notices of statutory provisions limiting liability be posted where?
Injurious Falsehood
Positive law
Neighbour principle
1) in the office - 2) every guestroom - and 3) public rooms (area).

28. Author of the Universal Declaration of Human Rights
The 4 principles of Equal Pay legislation
John Humphrey
Habeas corpus
Summary conviction (minor) - indictable (serious) - hybrid

29. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The owner
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Types of contracts which must be in writing

30. What does real property include?
Positive law
Instances under which an offer lapses
Land - buildings - fixtures
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

31. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Intentional torts
Consideration
Invitation to treat

32. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
The parol evidence rule
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.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

33. Beyond a reasonable doubt is what probability
Personal and real
98%
Consideration
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

34. List the 4 conditions of adverse possession. (squatter's rights)
Summary conviction - indictable - and hybrid
Fiduciary Duty
Open and notorious - unchallenged - exclusive - continuous
Common - mutual and unilateral.

35. Accommodations that are not considered 'inns'.
Municipal government
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The items that should be included in a job description
Negligence

36. What are the 5 tiers of the corporate structure.
Floating charge
Shareholders - board of directors - statutory officers - employees - and creditors
By Performance - By Agreement - By Frustration - By Operation of law
Duty to mitigate

37. What is the maximum weekly EI benefit?

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38. 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.
Common - mutual and unilateral.
Contributory Negligence
E. Coli
Equitable estoppel

39. The price a party pays for the promise.
'The thing speaks for itself'
Consideration
Salmonella
Floating charge

40. Amount added on to a usual charge for a specific product - purpose - or service.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Floating charge
Surcharge
Exceptions to the privity of contract rule

41. 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
The 4 principles of Equal Pay legislation
To 'perfect' a lien
Mens rea

42. It is not my deed
Royal prerogatives
Factoring
Non est factum
Amortization

43. What are the two types of property?
Breach of contract
Negligence
Personal and real
Legal realism

44. Selling accounts receivable at a discount.
Non est factum
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule
Factoring

45. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Exceptions to the privity of contract rule
Duty to mitigate
Lie flat to distribute the force of the impact
Actus reus

46. The level of government in charge of bylaws
Merit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Municipal government
Unconscionable transactions

47. 'It stands decided'
Stare decisis
Option
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
Common - mutual and unilateral.

48. 3 types of business structures.
Municipal government
Power of attorney
Sole proprietorship - partnership - and corporations
Price fixing

49. A restriction placed on some aspect of land use.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Restrictive covenant
Natural Law
Unconscionable transactions

50. Defaming a business - a product or a property rather than a person.
Consideration
Injurious Falsehood
Landlord-tenant
Amortization