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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. Latin term for 'On the face of it'.
Prima facie
Group termination
General - Punitive - Exemplary
Repudiation - sabotage - failure to perform

2. This relationship exists when one person has the power to affect another person's property or legal interests
Theft of services
The parol evidence rule
Fiduciary Duty
John Humphrey

3. When the public is misled into believing that one company's goods or services are those a similar brand or product
By Performance - By Agreement - By Frustration - By Operation of law
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum
Passing off

4. Beyond a reasonable doubt is what probability
Consideration
98%
Positive Law
Innocent - negligent - fraudulent

5. What must be established to substantiate a claim for bailment?
Reiver
Merit
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
Nepotism

6. list 4 elements of bailment
Neighbour principle
The owner
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Non est factum

7. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
John Humphrey
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Types of contracts which must be in writing

8. First stage in a criminal court procedure
Arraignment
Four purpose of sentencing
Non est factum
Players in the legal system

9. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Contributory negligence
Section 33 of the Charter
Merit

10. Two kinds of negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Group termination
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Intentional - Unintentional

11. Latin term for within or on the premises of the inn (extension of the inn).
John Humphrey
Passing off
Infra hospitium
Non delegable duty

12. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Ultra vires
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Vicarious liability

13. Division of law that defines rights and remedies
Slander and Libel
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Substantive Law
General damages

14. Guilty act in Latin.
Actus reus
4 items that should be included in the job description
Exemplary damages
Nepotism

15. Favoritism granted to relatives or friends regardless of merit
Fiduciary Duty
Nepotism
Exceptions to the privity of contract rule
Intentional - Unintentional

16. 'To have the body'
Habeas corpus
Negligent Misrepresentation
4 items that should be included in the job description
Contributory negligence

17. What are the 5 tiers of the corporate structure.
Power of attorney
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
Theft of services
Shareholders - board of directors - statutory officers - employees - and creditors

18. An advertisement is an example of this... lets people know that you are ready to accept offers
Royal prerogatives
Players in the legal system
Invitation to treat
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

19. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Substantive Law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligence

20. 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
4 items that should be included in the job description
Actus reus
Summary conviction - Indictable - Hybrid

21. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Repudiation - sabotage - failure to perform
To 'perfect' a lien
Food and Drugs Act

22. 'Reasonable worth of the good'
Common - mutual and unilateral.
Quantum meruit
John Humphrey
Private law

23. A promise for an action
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
Surcharge
Trademark infringement
Unilateral Contract

24. Food poisoning from hamburger
Easement
Uttering
E. Coli
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

25. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Summary conviction - indictable - and hybrid
Equity financing - debt financing - sale of assets
Discoveries Stage
Floating charge

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
6 primary purposes of tort law
Section 33 of the Charter
Exceptions to the privity of contract rule
Stare decisis

27. Author of the Universal Declaration of Human Rights
Negligence
Exemplary damages
The items that should be included in a job description
John Humphrey

28. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Consideration
Absolute liability
Restrictive covenant
Reiver

29. Law created by a person or body with authority to enact and enforce it
The 2 classes of servants
98%
Positive Law
Food and Drugs Act

30. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
To 'perfect' a lien
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Good Samaritan Legislation

31. Balance of probability needed to win a civil case
Reiver
51% or 52%
Positive Law
Consideration

32. What would a careful - thoughtful person in the same circumstances have done
Agent
Absolute liability
The items that should be included in a job description
Reasonable Person Test

33. How can an employer escape alcohol misuse liability?
Price fixing
Breach of contract
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.
Common - mutual and unilateral.

34. What are the two types of property?
Personal and real
Players in the legal system
Absolute liability
General damages

35. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Trade mark
Positive Law
Repudiation - sabotage - failure to perform

36. Notices of statutory provisions limiting liability be posted where?
Acts of God - acts of a public enemy - guests' own negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Invitation to treat
Reasonable Person Test

37. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
To 'perfect' a lien
Democratic rights to vote or run for election
By Performance - By Agreement - By Frustration - By Operation of law

38. What is the maximum weekly EI benefit?
$413 or 55% of the claimant's average insured earnings (whichever is less)
Notary
1) in the office - 2) every guestroom - and 3) public rooms (area).
Financial disloyalty - falsified qualifications - gross and continuing incompetence

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Defamation
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
Factoring
Exceptions to the privity of contract rule

40. Allows a legislation to override the Charter
Injurious Falsehood
1) in the office - 2) every guestroom - and 3) public rooms (area).
Section 33 of the Charter
Factoring

41. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Equity financing - debt financing - sale of assets
Actus reus
Theft of services

42. Discrimination that is actually encouraged in our society
Contributory negligence
Surcharge
Merit
Habeas corpus

43. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Passing off
Express deposit
John Humphrey

44. Fundamental freedoms in Section 2 of the Charter
'The thing speaks for itself'
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Creed
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

45. Political - religious beliefs - and affiliations
Democratic rights to vote or run for election
Creed
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

46. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Actus reus and Mens rea
Restrictive covenant
51% or 52%

47. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
6 primary purposes of tort law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Infra hospitium

48. Types of Damages
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Nepotism
General - Punitive - Exemplary
Creed

49. Promises made without consideration
Gratuitous Promise
Positive law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Ultra vires

50. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Exemplary damages
Defenses to intentional Torts
Substantive Law
Negligence Per se

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Hospitality Law

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