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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.
Passing off
Creed
Equitable estoppal
John Humphrey

2. Four methods to prevent potential legal action against your business.
Infra hospitium
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Intentional torts
Bona fide occupational requirement

3. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Gratuitous Promise
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
Uttering
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

4. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Power of Attorney
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Surcharge

5. 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
Agent
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Neighbour principle
Negligent Misrepresentation

6. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
'The thing speaks for itself'
Defenses to intentional Torts
Merit
Good Samaritan Legislation

7. Three types of offences
Absolute liability
Summary conviction - indictable - and hybrid
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
Group termination

8. 5 reasons for evicting a guest.
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.
Equity financing - debt financing - sale of assets
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence

9. Guilty act in Latin.
Private law
Power of attorney
Res ipsa loquitar
Actus reus

10. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Infra hospitium
Slander and Libel
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.

11. Latin term for 'It is not my deed
Substantive Law
Non est factum
Gratuitous Promise
Uttering

12. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Proximate cause of the injury
Repudiation - sabotage - failure to perform
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
4 items that should be included in the job description

13. An advertisement is an example of this... lets people know that you are ready to accept offers
6 primary purposes of tort law
To 'perfect' a lien
Acts of God - acts of a public enemy - guests' own negligence
Invitation to treat

14. Stages of a civil action
Substantive Law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Actus reus and Mens rea
Defenses to intentional Torts

15. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Substantive Law
The owner
Absolute liability
Option

16. Damages imposed to make an example of the wrongdoer
Bona fide occupational requirement
Exemplary damages
Consideration
Negligence

17. 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
The 4 principles of Equal Pay legislation
Open and notorious - unchallenged - exclusive - continuous
Instances under which an offer lapses
Price fixing

18. The price a party pays for the promise.
Notary
Gratuitous Promise
To 'perfect' a lien
Consideration

19. Law based on moral - religious or philosophical grounds
Contributory Negligence
John Humphrey
Natural Law
Arraignment

20. Discrimination that is actually encouraged in our society
Negligent Misrepresentation
Defenses to intentional Torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Merit

21. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Players in the legal system
Reasons a contract may be impeached
Fiduciary Duty
Notary

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

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23. Innocent - negligent and fraudulent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Instances under which an offer lapses
The kinds of misrepresentation
Open and notorious - unchallenged - exclusive - continuous

24. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Passing off
Types of contracts which must be in writing
Fiduciary Duty
Trademark infringement

25. In a criminal procedure list the 3 types of offenses
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
The owner
Invitation to treat

26. Author of the Universal Declaration of Human Rights
Parol Evidence Rule
Fiduciary Duty
Equitable estoppal
John Humphrey

27. This relationship exists when one person has the power to affect another person's property or legal interests
The 4 principles of Equal Pay legislation
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Gratuitous bailment
Fiduciary Duty

28. This person acts on behalf of the principal
Amortization
John Humphrey
Vicarious Liability
Agent

29. Latin term for 'On the face of it'.
Invitation to treat
Specific deterrence - general deterrence - rehabilitation - protection of the public
Personal and real
Prima facie

30. 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
Unilateral Contract
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Express deposit

31. Spoken and written defamation
Negligent Misrepresentation
Slander and Libel
Consideration
Contributory Negligence

32. What are the 3 types of bailment?
Contributory Negligence
Absolute liability
Slander and Libel
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

33. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Nepotism
Noncompetition/nonsolicitation clauses
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Power of Attorney

34. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Creed
Disclaimer
51% or 52%
Proximate cause of the injury

35. What are the 3 ways employment can be terminated?
The parol evidence rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The owner
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

36. What are exemplary damages?
Trade mark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Vicarious Liability
Damages that are imposed to punish and to make an example of the offending party

37. Another word for 'reafian'?
Summary conviction - Indictable - Hybrid
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver

38. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Types of contracts which must be in writing
Negligent Misrepresentation

39. First stage in a criminal court procedure
Consideration
Arraignment
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
6 primary purposes of tort law

40. What does real property include?
Merit
Proximate cause of the injury
Land - buildings - fixtures
Neighbour principle

41. Law is whatever judges say it is...
51% or 52%
The owner
Shareholders - board of directors - statutory officers - employees - and creditors
Legal realism

42. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Duty to mitigate
Summary conviction - indictable - and hybrid
Power of attorney
Four purpose of sentencing

43. List the 4 conditions of adverse possession. (squatter's rights)
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
Reiver
Consideration
Open and notorious - unchallenged - exclusive - continuous

44. When two or more suppliers conspire to set prices.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Price fixing
Sunset Clause
Exceptions to the privity of contract rule

45. Res ipsa loquitur

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46. Two types of negligence
Equitable estoppal
Intentional - Unintentional
Habeas corpus
John Humphrey

47. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Theft of services
Non delegable duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence

48. 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
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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

49. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Gratuitous bailment
Constitution
Slander and Libel
Discoveries Stage

50. Regulation - deterrence - compensation - dispute resolution - education and prevention
98%
Consideration
6 primary purposes of tort law
Contributory Negligence