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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. 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.
The 2 classes of servants
Vicarious Liability
Negligence Per se
Theft of services

2. 'To have the body'
Option
Habeas corpus
Injurious Falsehood
Sole proprietorship - partnership - and corporations

3. Once a contract is written - it cannot be changed without the consent of both parties
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
The parol evidence rule
Group termination
Parol Evidence Rule

4. list 4 elements of bailment
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Habeas corpus
Res ipsa loquitar
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

5. Law created by a person or body with authority to enact and enforce it
Positive Law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non delegable duty
Good Samaritan Legislation

6. Three types of offences
Res ipsa loquitar
Disclaimer
Negligence
Summary conviction - indictable - and hybrid

7. Innocent - negligent and fraudulent
The kinds of misrepresentation
The items that should be included in a job description
Surcharge
Instances under which an offer lapses

8. In a criminal procedure list the 3 types of offenses
Uttering
Unconscionable transactions
Summary conviction (minor) - indictable (serious) - hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public

9. It is not my deed
Repudiation - sabotage - failure to perform
Non est factum
Prima facie
Independent contractors - employees

10. Once a contract is written - it cannot be changed without consent of both parties.
Slander and Libel
The parol evidence rule
Summary conviction - Indictable - Hybrid
Landlord-tenant

11. Latin term for 'It is not my deed
Mens rea
Non est factum
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contributory negligence

12. Laws duly enacted by a person or body having the authority to enact and enforce them.
Defamation
Independent contractors - employees
Positive law
Exceptions to the privity of contract rule

13. 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
Substantive Law
Fiduciary Duty
Damages that are imposed to punish and to make an example of the offending party

14. This relationship exists when one person has the power to affect another person's property or legal interests
Infra hospitium
Quantum meruit
Shareholders - board of directors - statutory officers - employees - and creditors
Fiduciary Duty

15. Independent contractors and employees.
Contributory Negligence
Constitution
The 2 classes of servants
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

16. How can an employer escape alcohol misuse liability?
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.
'The thing speaks for itself'
Mens rea
Fiduciary Duty

17. Stages of a civil action
Merit
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The parol evidence rule
John Humphrey

18. When two or more suppliers conspire to set prices.
Contributory negligence
Price fixing
Natural 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

19. Law is whatever judges say it is...
Noncompetition/nonsolicitation clauses
Stare decisis
Legal realism
Private law

20. Food Poisoning from chicken
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contributory Negligence
Salmonella
Creed

21. Legislators - judges - jurors - lawyers - clients and police
Intentional torts
Players in the legal system
Res ipsa loquitar
Price fixing

22. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Trademark infringement
Actus reus
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

23. 3 types of business structures.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Sole proprietorship - partnership - and corporations
Passing off
Breach of contract

24. The publication of a false statement about someone either verbally or in writing which damages their reputation
Bona fide occupational requirement
Defamation
Exceptions to the privity of contract rule
Thin Skull Rule

25. 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
Negligent Misrepresentation
Gratuitous bailment
Uttering
Personal and real

26. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Food and Drugs Act
Trade mark
Pleadings - discoveries - pretrial and or mediation - trial - appeals

27. You shall have the body
Passing off
Habeas corpus
Arraignment
Section 33 of the Charter

28. Latin term for 'On the face of it'.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Municipal government
Disclaimer
Prima facie

29. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Substantive Law
Shareholders - board of directors - statutory officers - employees - and creditors
Exceptions to the privity of contract rule
The items that should be included in a job description

30. Two kinds of negligence
Res ipsa loquitar
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Intentional - Unintentional
Instances under which an offer lapses

31. Minimum amount of hours needed to be eligible for EI benefits.
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.
Repudiation - sabotage - failure to perform
Financial disloyalty - falsified qualifications - gross and continuing incompetence
420 to 700 hours depending on the regional unemployment rate

32. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Repudiation - sabotage - failure to perform
General - Punitive - Exemplary
Gratuitous Promise

33. Latin for 'the thing speaks for itself'
The 2 classes of servants
Democratic rights to vote or run for election
Res ipsa loquitar
Quantum merits

34. What are some of the conditions for rightful dismissal?
Unconscionable transactions
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Lie flat to distribute the force of the impact

35. List the 4 conditions of adverse possession. (squatter's rights)
Equity financing - debt financing - sale of assets
Agent
Express deposit
Open and notorious - unchallenged - exclusive - continuous

36. 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.
Stare decisis
Discoveries Stage
General damages

37. Someone who certifies documents - but does not draft documents
Discoveries Stage
The items that should be included in a job description
Notary
Equitable estoppal

38. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Four purpose of sentencing

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Fiduciary Duty
Exceptions to the privity of contract rule
Four purpose of sentencing

40. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
To 'perfect' a lien
Creed

41. Latin term for within or on the premises of the inn (extension of the inn).
The items that should be included in a job description
Substantive Law
Infra hospitium
6 primary purposes of tort law

42. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Power of attorney
Duty to mitigate
Four purpose of sentencing
Substantive Law

43. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Sole proprietorship - partnership - and corporations
Option
Summary conviction - Indictable - Hybrid

44. 2 classes of servants.
Independent contractors - employees
Salmonella
Habeas corpus
Exemplary damages

45. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Nepotism
Unconscionable transactions
Exemplary damages
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

46. 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.
Equitable estoppel
The parol evidence rule
Non est factum
Positive Law

47. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Thin Skull Rule
Fiduciary Duty
Actus reus and Mens rea
Invitation to treat

48. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Positive Law
Habeas corpus
Repudiation - Sabotage - Failure to perform

49. Selling accounts receivable at a discount.
Sunset Clause
Floating charge
Lie flat to distribute the force of the impact
Factoring

50. The plaintiff has been injured upon the result of his own negligence
Power of Attorney
Four purpose of sentencing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contributory Negligence