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Hospitality Law

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Express deposit
Sole proprietorship - partnership - and corporations
Slander and Libel

2. 2 classes of servants.
Sunset Clause
Good Samaritan Legislation
Independent contractors - employees
Habeas corpus

3. What is the maximum weekly EI benefit?

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4. What are the five stages of a civil action?
Infra hospitium
Negligent Misrepresentation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Types of contracts which must be in writing

5. An advertisement is an example of this... lets people know that you are ready to accept offers
Creed
Mens rea
Non est factum
Invitation to treat

6. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Private law
Summary conviction - Indictable - Hybrid
Landlord-tenant
Option

7. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Unconscionable transactions
Fiduciary Duty
Types of contracts which must be in writing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

8. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Unconscionable transactions
Open and notorious - unchallenged - exclusive - continuous
Breach of contract
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

9. Balance of probability needed to win a civil case
Types of contracts which must be in writing
Shareholders - board of directors - statutory officers - employees - and creditors
51% or 52%
Merit

10. 'Reasonable worth of the good'
Actus reus
Unconscionable transactions
Quantum meruit
Quantum merits

11. Law is whatever judges say it is...
Legal realism
The 4 principles of Equal Pay legislation
Price fixing
Sunset Clause

12. Which of the following rights does the Charter guarantee only to citizens of Canada
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Democratic rights to vote or run for election
Summary conviction (minor) - indictable (serious) - hybrid
Quantum meruit

13. Damages imposed to make an example of the wrongdoer
General damages
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exemplary damages
Duty to mitigate

14. First stage in a criminal court procedure
6 primary purposes of tort law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Uttering
Arraignment

15. What does real property include?
Intentional torts
Land - buildings - fixtures
The parol evidence rule
Actus reus

16. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Intentional - Unintentional

17. Latin term for within or on the premises of the inn (extension of the inn).
By Performance - By Agreement - By Frustration - By Operation of law
General - Punitive - Exemplary
Infra hospitium
The kinds of misrepresentation

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

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19. Under contract law - list the three types of mistake the law recognizes.
Royal prerogatives
51% or 52%
To 'perfect' a lien
Common - mutual and unilateral.

20. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The 4 principles of Equal Pay legislation
Repudiation - sabotage - failure to perform

21. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Notary
Boarding house - a rooming house - homes for seniors - and time-share arrangements
John Humphrey

22. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Gratuitous bailment
Agent
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

23. Four methods to prevent potential legal action against your business.
Habeas corpus
Theft of services
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
General - Punitive - Exemplary

24. Independent contractors and employees.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Habeas corpus
The 2 classes of servants
Factoring

25. 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
Independent contractors - employees
Duty to mitigate
Creed

26. The exchange of benefits; the price a party pays for the promise
Consideration
Power of attorney
E. Coli
Personal and real

27. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Consideration
Royal prerogatives
Exemplary damages

28. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Floating charge
Landlord-tenant
The parol evidence rule

29. 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.
Injurious Falsehood
General damages
Theft of services
Actus reus

30. A duty that cannot be given to someone else
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Floating charge
'The thing speaks for itself'
Non delegable duty

31. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Easement
Actus reus and Mens rea
Absolute liability
Passing off

32. You shall have the body
Reasonable Person Test
John Humphrey
Parol Evidence Rule
Habeas corpus

33. Use of another company's business name or logo without permission.
Damages that are imposed to punish and to make an example of the offending party
Trademark infringement
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Non est factum

34. Promises made without consideration
By Performance - By Agreement - By Frustration - By Operation of law
Habeas corpus
Intentional torts
Gratuitous Promise

35. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Prima facie
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exceptions to the privity of contract rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

36. The plaintiff has been injured upon the result of his own negligence
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.
Contributory Negligence
Merit
Slander and Libel

37. Accommodations that are not considered 'inns'.
By Performance - By Agreement - By Frustration - By Operation of law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Gratuitous bailment
Reasonable Person Test

38. Amount added on to a usual charge for a specific product - purpose - or service.
Types of contracts which must be in writing
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Surcharge
'The thing speaks for itself'

39. Who owns mislaid property?
The owner
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Absolute liability

40. Allows a legislation to override the Charter
Section 33 of the Charter
'The thing speaks for itself'
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Creed

41. The price a party pays for the promise.
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
E. Coli
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).

42. Author of the Universal Declaration of Human Rights
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Duty to mitigate
John Humphrey
Group termination

43. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
John Humphrey
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
Constitution

44. This person acts on behalf of the principal
Agent
Trademark infringement
Habeas corpus
1) in the office - 2) every guestroom - and 3) public rooms (area).

45. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Substantive Law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Discoveries Stage

46. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exceptions to the privity of contract rule
E. Coli
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

47. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Players in the legal system
Intentional - Unintentional
4 items that should be included in the job description
Reasons a contract may be impeached

48. Author of the 1948 Universal Declaration of Human Rights
Common - mutual and unilateral.
Option
John Humphrey
Consideration

49. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Personal and real
Consideration
Non delegable duty

50. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Section 33 of the Charter
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consideration

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