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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. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Merit
Four purpose of sentencing
John Humphrey
Noncompetition/nonsolicitation clauses

2. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Power of attorney
Easement
Duty to mitigate

3. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Arraignment
Reasons a contract may be impeached
Common - mutual and unilateral.
Agent

4. 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
Trade mark
Democratic rights to vote or run for election
Constitution

5. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
John Humphrey
Negligence
Negligent Misrepresentation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

6. Favoritism granted to relatives or friends regardless of merit
Passing off
Ultra vires
Vicarious liability
Nepotism

7. Laws duly enacted by a person or body having the authority to enact and enforce them.
Private law
Positive law
Gratuitous bailment
Vicarious liability

8. The level of government in charge of bylaws
The parol evidence rule
Municipal government
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
E. Coli

9. Author of the Universal Declaration of Human Rights
98%
Actus reus and Mens rea
John Humphrey
Innocent - negligent - fraudulent

10. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Common - mutual and unilateral.
Acts of God - acts of a public enemy - guests' own negligence
Absolute liability
Municipal government

11. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
6 primary purposes of tort law
Group termination
Constitution
Passing off

12. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Land - buildings - fixtures
Discoveries Stage
Unconscionable transactions
Option

13. When two or more suppliers conspire to set prices.
Damages that are imposed to punish and to make an example of the offending party
Price fixing
Intentional - Unintentional
Reasons a contract may be impeached

14. Conditions for rightful dismissal.
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Fiduciary Duty
Open and notorious - unchallenged - exclusive - continuous

15. Circumstances in which the authorities do not need a warrant to search your premises
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
Actus reus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Repudiation - Sabotage - Failure to perform

16. 3 types of business structures.
Players in the legal system
Summary conviction - indictable - and hybrid
Personal and real
Sole proprietorship - partnership - and corporations

17. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Royal prerogatives
Municipal government
Mens rea

18. What does real property include?
Acts of God - acts of a public enemy - guests' own negligence
Land - buildings - fixtures
E. Coli
Fiduciary Duty

19. 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.
Arraignment
Thin Skull Rule
Negligent Misrepresentation
Habeas corpus

20. How can an employer escape alcohol misuse liability?
Municipal government
The 2 classes of servants
Vicarious 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.

21. Author of the Universal Declaration of Human Rights in 1948?
Natural Law
Parol Evidence Rule
Substantive Law
John Humphrey

22. 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
Repudiation - Sabotage - Failure to perform
Mens rea
Intentional - Unintentional

23. List 3 ways to finance a new or existing business.
Equitable estoppal
Unilateral Contract
Equity financing - debt financing - sale of assets
Actus reus

24. Which of the following rights does the Charter guarantee only to citizens of Canada
Theft of services
Exceptions to the privity of contract rule
Democratic rights to vote or run for election
Proximate cause of the injury

25. A right to use another's land for a specific purpose.
Independent contractors - employees
Gratuitous bailment
Quantum merits
Easement

26. What are the three kinds of misrepresentation?
Non est factum
Innocent - negligent - fraudulent
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid

27. The price a party pays for the promise.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Gratuitous Promise
Consideration
Restrictive covenant

28. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Passing off
Open and notorious - unchallenged - exclusive - continuous
Proximate cause of the injury

29. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Nepotism
Absolute liability
Types of contracts which must be in writing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

30. A symbol - word - name or device used to identify or signify a company or its product.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Trade mark
Nepotism
Infra hospitium

31. Political - religious beliefs - and affiliations
Amortization
Creed
Restrictive covenant
Negligent Misrepresentation

32. Latin term for 'It is not my deed
The kinds of misrepresentation
Non est factum
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Creed

33. Food Poisoning from chicken
Constitution
Players in the legal system
Salmonella
Exceptions to the privity of contract rule

34. Under contract law - list the three types of mistake the law recognizes.
Innocent - negligent - fraudulent
Common - mutual and unilateral.
Contributory negligence
E. Coli

35. Guilty act in Latin.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Actus reus
Repudiation - Sabotage - Failure to perform
Uttering

36. Two types of negligence
Intentional - Unintentional
Summary conviction (minor) - indictable (serious) - hybrid
Legal realism
Unconscionable transactions

37. Defaming a business - a product or a property rather than a person.
Reasonable Person Test
Option
Unilateral Contract
Injurious Falsehood

38. Governor general and lieutenant governors
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.
Floating charge
The items that should be included in a job description

39. 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
Exceptions to the privity of contract rule
Negligent Misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

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

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41. 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.
Sunset Clause
Res ipsa loquitar
Noncompetition/nonsolicitation clauses
Contributory Negligence

42. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Defenses to intentional Torts
Absolute liability
Vicarious Liability
Floating charge

43. Someone who certifies documents - but does not draft documents
Constitution
Notary
Disclaimer
Defamation

44. This person acts on behalf of the principal
Injurious Falsehood
Notary
Legal realism
Agent

45. 5 possible consequences if you default on your mortgage?
Vicarious Liability
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reiver
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

46. Innocent - negligent and fraudulent
1) in the office - 2) every guestroom - and 3) public rooms (area).
To 'perfect' a lien
The kinds of misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public

47. 3 types of offenses in a criminal procedure
Non est factum
Salmonella
Summary conviction - Indictable - Hybrid
John Humphrey

48. Latin term for within or on the premises of the inn (extension of the inn).
Unconscionable transactions
Merit
Infra hospitium
Bona fide occupational requirement

49. Another word for 'reafian'?
Reiver
Factoring
51% or 52%
Arraignment

50. The period of time required to pay off the principal completely at a set interest rate.
Duty to mitigate
Shareholders - board of directors - statutory officers - employees - and creditors
Equitable estoppel
Amortization