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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. What are the two types of property?
Personal and real
Power of Attorney
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Positive Law

2. First stage in a criminal court procedure
Intentional - Unintentional
Arraignment
Damages that are imposed to punish and to make an example of the offending party
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.

3. The amount he merits
Instances under which an offer lapses
Passing off
Stare decisis
Quantum merits

4. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Legal realism
Discoveries Stage
4 items that should be included in the job description

5. Who owns mislaid property?
Gratuitous Promise
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Open and notorious - unchallenged - exclusive - continuous
The owner

6. Favoritism granted to relatives or friends regardless of merit
John Humphrey
Vicarious Liability
Nepotism
Unconscionable transactions

7. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Absolute liability
Food and Drugs Act
Breach of contract

8. Law created by a person or body with authority to enact and enforce it
Shareholders - board of directors - statutory officers - employees - and creditors
Independent contractors - employees
Sole proprietorship - partnership - and corporations
Positive Law

9. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Exceptions to the privity of contract rule
The kinds of misrepresentation
Defenses to intentional Torts

10. Spoken and written defamation
Intentional - Unintentional
Slander and Libel
Good Samaritan Legislation
Independent contractors - employees

11. 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.
Noncompetition/nonsolicitation clauses
Nepotism
Summary conviction - indictable - and hybrid
Consideration

12. What are the five stages of a civil action?
Negligence Per se
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - indictable - and hybrid
Land - buildings - fixtures

13. Food Poisoning from chicken
Salmonella
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Arraignment
Infra hospitium

14. Promises made without consideration
Gratuitous Promise
Passing off
Reasonable Person Test
Acts of God - acts of a public enemy - guests' own negligence

15. Beyond a reasonable doubt is what probability
Repudiation - Sabotage - Failure to perform
Habeas corpus
John Humphrey
98%

16. A symbol - word - name or device used to identify or signify a company or its product.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Unilateral Contract
Trade mark
Duty to mitigate

17. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of Attorney
Parol Evidence Rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals

18. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
E. Coli
Equity financing - debt financing - sale of assets
Repudiation - sabotage - failure to perform
The items that should be included in a job description

19. Alcohol misuse under the Liquor License Act
Actus reus and Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Bona fide occupational requirement
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

20. The period of time required to pay off the principal completely at a set interest rate.
Price fixing
Amortization
Option
Passing off

21. A plaintiff is partly or solely the cause of his or her own injury.
Legal realism
Absolute liability
Habeas corpus
Contributory negligence

22. A right to use another's land for a specific purpose.
Easement
Amortization
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence

23. In a criminal procedure list the 3 types of offenses
Agent
Quantum merits
Intentional - Unintentional
Summary conviction (minor) - indictable (serious) - hybrid

24. How contracts can be discharged
Creed
Merit
Negligence
By Performance - By Agreement - By Frustration - By Operation of law

25. Bailment for the sole benefit of the bailor.
Res ipsa loquitar
Quantum meruit
Gratuitous bailment
Fiduciary Duty

26. What would a careful - thoughtful person in the same circumstances have done
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Reasonable Person Test
Arraignment
Discoveries Stage

27. An advertisement is an example of this... lets people know that you are ready to accept offers
Mens rea
Unconscionable transactions
Invitation to treat
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

28. A promise for an action
Unilateral Contract
Breach of contract
Gratuitous bailment
Passing off

29. Discrimination that is actually encouraged in our society
Habeas corpus
Merit
Equitable estoppal
Restrictive covenant

30. Minimum amount of hours needed to be eligible for EI benefits.
Section 33 of the Charter
420 to 700 hours depending on the regional unemployment rate
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.
Defamation

31. Latin term for within or on the premises of the inn (extension of the inn).
Contributory negligence
Infra hospitium
Option
Common - mutual and unilateral.

32. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Habeas corpus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Intentional - Unintentional

33. Legal responsibility for the negligence of another person
Contributory negligence
Exemplary damages
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Vicarious liability

34. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Theft of services
Exceptions to the privity of contract rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Consideration

35. What are some of the conditions for rightful dismissal?
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Vicarious Liability
Option

36. Use of another company's business name or logo without permission.
Negligence
Trademark infringement
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Section 33 of the Charter

37. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Exemplary damages
Sunset Clause
Theft of services
Breach of contract

38. List 5/6 items employers can expect from their employees
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Creed
Factoring
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

39. You shall have the body
Quantum meruit
Intentional - Unintentional
Habeas corpus
Negligence Per se

40. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Bona fide occupational requirement
Criminal - Family - Youth - Small claims court
Price fixing
Floating charge

41. Circumstances in which the authorities do not need a warrant to search your premises
Royal prerogatives
Equitable estoppal
Nepotism
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

42. 'To have the body'
Habeas corpus
Negligence Per se
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Price fixing

43. What are the 5 tiers of the corporate structure.
Intentional - Unintentional
Shareholders - board of directors - statutory officers - employees - and creditors
Substantive Law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

44. An agreement by an offeror to leave an offer open for a specified period of time
Option
Equity financing - debt financing - sale of assets
Thin Skull Rule
Negligence Per se

45. 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
Invitation to treat
The kinds of misrepresentation
The 2 classes of servants

46. Two types of negligence
Summary conviction (minor) - indictable (serious) - hybrid
Personal and real
Intentional - Unintentional
Sunset Clause

47. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reasonable Person Test
Personal and real
Invitation to treat

48. Author of the Universal Declaration of Human Rights in 1948?
Factoring
Summary conviction (minor) - indictable (serious) - hybrid
Quantum meruit
John Humphrey

49. Surviving a falling elevator
Breach of contract
John Humphrey
General - Punitive - Exemplary
Lie flat to distribute the force of the impact

50. It is not my deed
Non est factum
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Open and notorious - unchallenged - exclusive - continuous
Absolute liability