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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. An agreement by an offeror to leave an offer open for a specified period of time.
Passing off
Express deposit
Gratuitous Promise
Option

2. When two or more suppliers conspire to set prices.
Price fixing
Substantive Law
John Humphrey
The 4 principles of Equal Pay legislation

3. 5 reasons for evicting a guest.
Substantive Law
Merit
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.
Negligence Per se

4. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
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
Common - mutual and unilateral.
Actus reus and Mens rea

5. First stage in a criminal court procedure
Price fixing
Easement
Vicarious liability
Arraignment

6. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Contributory negligence
Thin Skull Rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Natural Law

7. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Habeas corpus
Equitable estoppal
Infra hospitium
Merit

8. Allows a legislation to override the Charter
Vicarious Liability
Constitution
Amortization
Section 33 of the Charter

9. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Quantum merits
Absolute liability
420 to 700 hours depending on the regional unemployment rate
Unconscionable transactions

10. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
By Performance - By Agreement - By Frustration - By Operation of law
Price fixing
Substantive Law

11. 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.
Absolute liability
$413 or 55% of the claimant's average insured earnings (whichever is less)
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Equitable estoppel

12. It is not my deed
Habeas corpus
Non est factum
Gratuitous Promise
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

13. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Trade mark
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
Positive Law

14. A symbol - word - name or device used to identify or signify a company or its product.
Vicarious liability
Trade mark
Res ipsa loquitar
Consideration

15. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Option
Personal and real
Positive Law

16. Favoritism granted to relatives or friends regardless of merit
Sunset Clause
Nepotism
Negligence Per se
Sole proprietorship - partnership - and corporations

17. Two types of negligence
Intentional - Unintentional
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Unilateral Contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

18. Law created by a person or body with authority to enact and enforce it
Positive Law
Summary conviction - Indictable - Hybrid
Habeas corpus
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

19. Political - religious beliefs - and affiliations
Repudiation - sabotage - failure to perform
Creed
Parol Evidence Rule
Equitable estoppal

20. What does real property include?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The items that should be included in a job description
Reiver
Land - buildings - fixtures

21. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Innocent - negligent - fraudulent
The items that should be included in a job description
The 2 classes of servants
Habeas corpus

22. What is the maximum weekly EI benefit?

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23. 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
John Humphrey
Private law
To 'perfect' a lien

24. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Positive law
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
Non delegable duty
Passing off

25. Guilty mind.
Mens rea
Unconscionable transactions
Personal and real
Infra hospitium

26. What are the three kinds of misrepresentation?
The owner
Innocent - negligent - fraudulent
Price fixing
Reasons a contract may be impeached

27. 5 possible consequences if you default on your mortgage?
To 'perfect' a lien
Exceptions to the privity of contract rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consideration

28. Someone who certifies documents - but does not draft documents
Notary
Agent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Royal prerogatives

29. what are the four purposes of sentencing?
Factoring
Habeas corpus
Summary conviction - indictable - and hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public

30. Amount added on to a usual charge for a specific product - purpose - or service.
Bona fide occupational requirement
Surcharge
98%
Consideration

31. Law based on moral - religious or philosophical grounds
Positive Law
Natural Law
Negligent Misrepresentation
The owner

32. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Breach of contract
Reasonable Person Test
Merit
Discoveries Stage

33. The level of government in charge of bylaws
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.
98%
Municipal government
Duty to mitigate

34. 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
Summary conviction (minor) - indictable (serious) - hybrid
The 4 principles of Equal Pay legislation
Noncompetition/nonsolicitation clauses

35. Discrimination that is actually encouraged in our society
Merit
Types of contracts which must be in writing
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
Pleadings - discoveries - pretrial and or mediation - trial - appeals

36. Independent contractors and employees.
The 2 classes of servants
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Noncompetition/nonsolicitation clauses
Prima facie

37. Food poisoning from hamburger
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Res ipsa loquitar
E. Coli
6 primary purposes of tort law

38. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Infra hospitium
Restrictive covenant
Summary conviction - Indictable - Hybrid

39. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Common - mutual and unilateral.
Uttering
Equity financing - debt financing - sale of assets
John Humphrey

40. Most difficult element of negligence to prove
Habeas corpus
Disclaimer
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Invitation to treat

41. Food Poisoning from chicken
Salmonella
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Land - buildings - fixtures
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

42. 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
Ultra vires
Food and Drugs Act
Non est factum
Land - buildings - fixtures

43. When the police do not need a warrant to search your residence and/or business?
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Natural Law

44. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Equity financing - debt financing - sale of assets
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Easement
Power of Attorney

45. A promise for an action
Open and notorious - unchallenged - exclusive - continuous
Unilateral Contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligence

46. Minimum amount of hours needed to be eligible for EI benefits.
Innocent - negligent - fraudulent
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
420 to 700 hours depending on the regional unemployment rate
Substantive Law

47. Notices of statutory provisions limiting liability be posted where?
Exemplary damages
1) in the office - 2) every guestroom - and 3) public rooms (area).
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

48. Spoken and written defamation
Slander and Libel
Habeas corpus
Constitution
Quantum meruit

49. What are the 3 ways employment can be terminated?
Non delegable duty
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

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

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