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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. Three types of offences
Summary conviction - indictable - and hybrid
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Thin Skull Rule
Nepotism

2. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Royal prerogatives
Infra hospitium
Food and Drugs Act

3. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Natural Law
Discoveries Stage
Shareholders - board of directors - statutory officers - employees - and creditors
Constitution

4. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Unconscionable transactions

5. Allows a legislation to override the Charter
John Humphrey
Invitation to treat
Parol Evidence Rule
Section 33 of the Charter

6. Food Poisoning from chicken
Uttering
Salmonella
Intentional torts
Mens rea

7. Under contract law - list the three types of mistake the law recognizes.
Defenses to intentional Torts
Common - mutual and unilateral.
Land - buildings - fixtures
Habeas corpus

8. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
$413 or 55% of the claimant's average insured earnings (whichever is less)
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off

9. Circumstances in which the authorities do not need a warrant to search your premises
Negligence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
420 to 700 hours depending on the regional unemployment rate

10. Within the walls of the inn
The items that should be included in a job description
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Infra hospitium
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

11. Author of the Universal Declaration of Human Rights in 1948?
Proximate cause of the injury
Power of attorney
Infra hospitium
John Humphrey

12. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Sole proprietorship - partnership - and corporations
By Performance - By Agreement - By Frustration - By Operation of law
Intentional torts
Contributory negligence

13. Who owns mislaid property?
The owner
General damages
Contributory negligence
Disclaimer

14. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Merit
Intentional - Unintentional
Quantum merits
Power of attorney

15. 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
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The 4 principles of Equal Pay legislation
Salmonella
Ultra vires

16. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Habeas corpus
Absolute liability
Consideration

17. Beyond a reasonable doubt is what probability
98%
Infra hospitium
Criminal - Family - Youth - Small claims court
Section 33 of the Charter

18. What is the maximum weekly EI benefit?

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19. What does BFOR stand for?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Res ipsa loquitar
Notary
Bona fide occupational requirement

20. What does real property include?
Land - buildings - fixtures
Sunset Clause
Summary conviction (minor) - indictable (serious) - hybrid
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

21. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Breach of contract
Negligent Misrepresentation
Floating charge
John Humphrey

22. What are three ways a contract is breached?
Fiduciary Duty
General damages
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.
Repudiation - sabotage - failure to perform

23. 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?
Infra hospitium
Substantive Law
Sole proprietorship - partnership - and corporations
Breach of contract

24. The most difficult element of negligence to prove
Habeas corpus
Lie flat to distribute the force of the impact
Absolute liability
Proximate cause of the injury

25. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Thin Skull Rule
Bona fide occupational requirement
Stare decisis
Uttering

26. 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.
Legal realism
General damages
Sunset Clause
Noncompetition/nonsolicitation clauses

27. Selling accounts receivable at a discount.
Non est factum
Section 33 of the Charter
Factoring
Specific deterrence - general deterrence - rehabilitation - protection of the public

28. What are exemplary damages?
Quantum meruit
6 primary purposes of tort law
Mens rea
Damages that are imposed to punish and to make an example of the offending party

29. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
1) in the office - 2) every guestroom - and 3) public rooms (area).
Personal and real
Summary conviction - indictable - and hybrid
Equitable estoppal

30. 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
51% or 52%
Mens rea
Equity financing - debt financing - sale of assets

31. Division of law that defines rights and remedies
Substantive Law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Repudiation - sabotage - failure to perform
Uttering

32. The exchange of benefits; the price a party pays for the promise
Creed
Land - buildings - fixtures
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).

33. How contracts can be discharged
Exemplary damages
Power of Attorney
Personal and real
By Performance - By Agreement - By Frustration - By Operation of law

34. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Negligence
By Performance - By Agreement - By Frustration - By Operation of law
The 2 classes of servants

35. What are the five stages of a civil action?
Independent contractors - employees
Consideration
Pleadings - discoveries - pretrial and or mediation - trial - appeals
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

36. Latin for guilty act and guilty mind
Municipal government
Agent
Injurious Falsehood
Actus reus and Mens rea

37. Latin term for within or on the premises of the inn (extension of the inn).
Contributory Negligence
Infra hospitium
Intentional - Unintentional
By Performance - By Agreement - By Frustration - By Operation of law

38. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Summary conviction - indictable - and hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Ultra vires

39. 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.
John Humphrey
Theft of services
General damages
Stare decisis

40. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non est factum
Four purpose of sentencing
Breach of contract

41. A restriction placed on some aspect of land use.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Restrictive covenant
Contributory negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).

42. A symbol - word - name or device used to identify or signify a company or its product.
Option
Creed
Trade mark
Exemplary damages

43. Independent contractors and employees.
Land - buildings - fixtures
Four purpose of sentencing
The 2 classes of servants
Natural Law

44. 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
To 'perfect' a lien
Contributory negligence
Vicarious Liability
420 to 700 hours depending on the regional unemployment rate

45. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
4 items that should be included in the job description
Bona fide occupational requirement
By Performance - By Agreement - By Frustration - By Operation of law

46. Discrimination that is actually encouraged in our society
Intentional torts
Nepotism
The 2 classes of servants
Merit

47. A person who becomes ill but did not pay for the meal can sue the establishment
Defamation
Neighbour principle
Agent
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.

48. Once a contract is written - it cannot be changed without the consent of both parties
Vicarious liability
Parol Evidence Rule
By Performance - By Agreement - By Frustration - By Operation of law
Private law

49. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Exceptions to the privity of contract rule
Fiduciary Duty
Agent

50. Spoken and written defamation
4 items that should be included in the job description
Agent
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Slander and Libel