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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. Alcohol misuse under the Liquor License Act
Municipal government
Non est factum
4 items that should be included in the job description
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

2. list 4 elements of bailment
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Reasonable Person Test

3. Author of the Universal Declaration of Human Rights
Fiduciary Duty
Consideration
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

4. Law created by a person or body with authority to enact and enforce it
Amortization
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Criminal - Family - Youth - Small claims court
Positive Law

5. 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
Vicarious Liability
Neighbour principle
Defenses to intentional Torts
Personal and real

6. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
The 2 classes of servants
E. Coli
4 items that should be included in the job description

7. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Open and notorious - unchallenged - exclusive - continuous
Floating charge
Absolute liability
The owner

8. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
98%
Contributory negligence
General - Punitive - Exemplary

9. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Positive Law
4 items that should be included in the job description
Food and Drugs Act
Municipal government

10. 'Reasonable worth of the good'
Acts of God - acts of a public enemy - guests' own negligence
51% or 52%
Quantum meruit
Innocent - negligent - fraudulent

11. What does real property include?
John Humphrey
Land - buildings - fixtures
Merit
Reasons a contract may be impeached

12. What must be established to substantiate a claim for bailment?
Municipal government
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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

13. Someone who certifies documents - but does not draft documents
Trade mark
Positive law
Notary
Reasons a contract may be impeached

14. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Fiduciary Duty
Damages that are imposed to punish and to make an example of the offending party
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

15. Res ipsa loquitur

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16. 2 classes of servants.
Independent contractors - employees
Exceptions to the privity of contract rule
420 to 700 hours depending on the regional unemployment rate
Discoveries Stage

17. What are the 3 types of bailment?
Floating charge
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Negligent Misrepresentation
51% or 52%

18. Spoken and written defamation
4 items that should be included in the job description
Parol Evidence Rule
Agent
Slander and Libel

19. The period of time required to pay off the principal completely at a set interest rate.
Theft of services
Positive Law
Constitution
Amortization

20. Promises made without consideration
Surcharge
Gratuitous Promise
Good Samaritan Legislation
Shareholders - board of directors - statutory officers - employees - and creditors

21. Four methods to prevent potential legal action against your business.
Food and Drugs Act
Section 33 of the Charter
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Gratuitous Promise

22. A promise for an action
Unilateral Contract
Option
Disclaimer
Floating charge

23. A right to use another's land for a specific purpose.
Easement
Infra hospitium
Municipal government
Habeas corpus

24. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Thin Skull Rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
4 items that should be included in the job description

25. The publication of a false statement about someone either verbally or in writing which damages their reputation
Four purpose of sentencing
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Defamation

26. How contracts can be discharged
'The thing speaks for itself'
Prima facie
Thin Skull Rule
By Performance - By Agreement - By Frustration - By Operation of law

27. Allows a legislation to override the Charter
Section 33 of the Charter
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Natural Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals

28. 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
Power of attorney
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 4 principles of Equal Pay legislation
Non est factum

29. Under contract law - list the three types of mistake the law recognizes.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Common - mutual and unilateral.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Royal prerogatives

30. Surviving a falling elevator
Express deposit
6 primary purposes of tort law
'The thing speaks for itself'
Lie flat to distribute the force of the impact

31. Discrimination that is actually encouraged in our society
Positive law
Merit
Injurious Falsehood
Creed

32. Laws duly enacted by a person or body having the authority to enact and enforce them.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 2 classes of servants
Breach of contract
Positive law

33. What are the 3 ways employment can be terminated?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General - Punitive - Exemplary
Agent
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

34. Bailment for the sole benefit of the bailor.
Criminal - Family - Youth - Small claims court
Four purpose of sentencing
Landlord-tenant
Gratuitous bailment

35. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
The kinds of misrepresentation
Reasonable Person Test
Intentional torts
Surcharge

36. 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
Fiduciary Duty
Shareholders - board of directors - statutory officers - employees - and creditors
Ultra vires
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

37. 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.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
The parol evidence rule
Notary
Noncompetition/nonsolicitation clauses

38. When the police do not need a warrant to search your residence and/or business?
Creed
Unconscionable transactions
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Equitable estoppal

39. What are exemplary damages?
Repudiation - Sabotage - Failure to perform
Merit
Independent contractors - employees
Damages that are imposed to punish and to make an example of the offending party

40. Within the walls of the inn
Habeas corpus
Municipal government
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence

41. Defaming a business - a product or a property rather than a person.
Substantive Law
Unilateral Contract
Injurious Falsehood
Personal and real

42. List 5/6 items employers can expect from their employees
Intentional torts
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Mens rea

43. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate
Trademark infringement
Intentional - Unintentional

44. The level of government in charge of bylaws
Easement
Equitable estoppel
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Municipal government

45. Two types of negligence
Exemplary damages
Intentional - Unintentional
4 items that should be included in the job description
Financial disloyalty - falsified qualifications - gross and continuing incompetence

46. What does BFOR stand for?
Damages that are imposed to punish and to make an example of the offending party
Bona fide occupational requirement
Infra hospitium
Price fixing

47. When two or more suppliers conspire to set prices.
Negligence Per se
Criminal - Family - Youth - Small claims court
John Humphrey
Price fixing

48. Two kinds of negligence
John Humphrey
Surcharge
Intentional - Unintentional
Exceptions to the privity of contract rule

49. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Independent contractors - employees
Unconscionable transactions
Defenses to intentional Torts
Reasons a contract may be impeached

50. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Vicarious liability
Uttering
Summary conviction (minor) - indictable (serious) - hybrid