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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Creed
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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

2. What are the two types of property?
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Personal and real
Independent contractors - employees
Actus reus

3. Political - religious beliefs - and affiliations
Sole proprietorship - partnership - and corporations
Creed
Sunset Clause
'The thing speaks for itself'

4. Stages of a civil action
Criminal - Family - Youth - Small claims court
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Summary conviction - Indictable - Hybrid
Reiver

5. An agreement by an offeror to leave an offer open for a specified period of time.
The parol evidence rule
Summary conviction - indictable - and hybrid
Exceptions to the privity of contract rule
Option

6. Regulation - deterrence - compensation - dispute resolution - education and prevention
Non delegable duty
6 primary purposes of tort law
Ultra vires
Gratuitous bailment

7. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Land - buildings - fixtures
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Sunset Clause

8. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Theft of services
Reasonable Person Test
Types of contracts which must be in writing
Express deposit

9. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Gratuitous bailment
Restrictive covenant
Disclaimer
Breach of contract

10. The most difficult element of negligence to prove
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Natural Law
Proximate cause of the injury
Consideration

11. A plaintiff is partly or solely the cause of his or her own injury
Land - buildings - fixtures
Nepotism
Contributory negligence
Legal realism

12. 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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Negligent Misrepresentation
Gratuitous bailment
Express deposit

13. Author of the Universal Declaration of Human 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
Defamation
John Humphrey
Trademark infringement

14. Division of Lower Provincial Courts
Damages that are imposed to punish and to make an example of the offending party
Absolute liability
Contributory Negligence
Criminal - Family - Youth - Small claims court

15. Three types of offences
Power of attorney
Surcharge
Lie flat to distribute the force of the impact
Summary conviction - indictable - and hybrid

16. Legislators - judges - jurors - lawyers - clients and police
Quantum merits
Express deposit
Players in the legal system
Option

17. Once a contract is written - it cannot be changed without the consent of both parties
420 to 700 hours depending on the regional unemployment rate
Parol Evidence Rule
Passing off
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

18. Which of the following rights does the Charter guarantee only to citizens of Canada
Intentional - Unintentional
Res ipsa loquitar
Food and Drugs Act
Democratic rights to vote or run for election

19. Two types of negligence
Intentional - Unintentional
Absolute liability
Non delegable duty
Democratic rights to vote or run for election

20. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Express deposit
Shareholders - board of directors - statutory officers - employees - and creditors
Acts of God - acts of a public enemy - guests' own negligence

21. What is the maximum weekly EI benefit?

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22. Selling accounts receivable at a discount.
Factoring
Option
Agent
Contributory Negligence

23. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
The 4 principles of Equal Pay legislation
Price fixing
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.

24. Laws duly enacted by a person or body having the authority to enact and enforce them.
98%
Positive law
Ultra vires
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

25. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Exceptions to the privity of contract rule
Good Samaritan Legislation
General - Punitive - Exemplary

26. What does real property include?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Land - buildings - fixtures
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Substantive Law

27. Beyond a reasonable doubt is what probability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Negligence Per se
420 to 700 hours depending on the regional unemployment rate
98%

28. Minimum amount of hours needed to be eligible for EI benefits.
Land - buildings - fixtures
420 to 700 hours depending on the regional unemployment rate
Trade mark
Sunset Clause

29. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Substantive Law
The owner
Summary conviction - Indictable - Hybrid
Reasons a contract may be impeached

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Intentional torts
Equitable estoppal
Summary conviction (minor) - indictable (serious) - hybrid

31. Discrimination that is actually encouraged in our society
Ultra vires
Summary conviction - indictable - and hybrid
Uttering
Merit

32. 'To have the body'
Habeas corpus
Vicarious Liability
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Trademark infringement

33. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Fiduciary Duty
Summary conviction - indictable - and hybrid
Food and Drugs Act
The 4 principles of Equal Pay legislation

34. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Constitution
Easement
Habeas corpus

35. 5 possible consequences if you default on your mortgage?
The items that should be included in a job description
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Lie flat to distribute the force of the impact
Quantum meruit

36. The level of government in charge of bylaws
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Constitution
Municipal government

37. Res ipsa loquitur

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38. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Passing off
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
Uttering
Boarding house - a rooming house - homes for seniors - and time-share arrangements

39. 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.
Consideration
Equitable estoppel
Innocent - negligent - fraudulent
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

40. What must be established to substantiate a claim for bailment?
Creed
Intentional - Unintentional
Negligence
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

41. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
98%
Sunset Clause
Defamation
Bona fide occupational requirement

42. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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43. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Quantum merits
Instances under which an offer lapses
Damages that are imposed to punish and to make an example of the offending party

44. Alcohol misuse under the Liquor License Act
Exceptions to the privity of contract rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
1) in the office - 2) every guestroom - and 3) public rooms (area).
John Humphrey

45. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Restrictive covenant
Common - mutual and unilateral.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

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

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47. Promises made without consideration
Defamation
Creed
Open and notorious - unchallenged - exclusive - continuous
Gratuitous Promise

48. It is not my deed
Proximate cause of the injury
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
1) in the office - 2) every guestroom - and 3) public rooms (area).
Non est factum

49. Guilty mind.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off
Mens rea
Exemplary damages

50. When the public is misled into believing that one company's goods or services are those a similar brand or product.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Neighbour principle
Passing off
Reasons a contract may be impeached