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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. Bailment for the sole benefit of the bailor.
General - Punitive - Exemplary
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
4 items that should be included in the job description
Gratuitous bailment

2. Division of law that defines rights and remedies
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.
Substantive Law
Natural Law

3. This person acts on behalf of the principal
The 4 principles of Equal Pay legislation
Gratuitous bailment
Agent
Unconscionable transactions

4. Fundamental freedoms in Section 2 of the Charter
Summary conviction - indictable - and hybrid
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reiver
Restrictive covenant

5. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
4 items that should be included in the job description

6. Types of Damages
Actus reus
Municipal government
General damages
General - Punitive - Exemplary

7. Beyond a reasonable doubt is what probability
Breach of contract
Good Samaritan Legislation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
98%

8. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Prima facie
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Good Samaritan Legislation

9. It is not my deed
Unconscionable transactions
The parol evidence rule
Uttering
Non est factum

10. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Reiver
Repudiation - sabotage - failure to perform
The owner

11. List the 4 conditions of adverse possession. (squatter's rights)
Infra hospitium
Restrictive covenant
Open and notorious - unchallenged - exclusive - continuous
Theft of services

12. Author of the Universal Declaration of Human Rights in 1948?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
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
Common - mutual and unilateral.

13. In a criminal procedure list the 3 types of offenses
Innocent - negligent - fraudulent
To 'perfect' a lien
Summary conviction (minor) - indictable (serious) - hybrid
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

14. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Bona fide occupational requirement
Negligence
Positive Law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

15. Use of another company's business name or logo without permission.
Trademark infringement
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional - Unintentional
Good Samaritan Legislation

16. Three types of intangibles
Nepotism
Actus reus
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Thin Skull Rule

17. A right to use another's land for a specific purpose.
Easement
Summary conviction (minor) - indictable (serious) - hybrid
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 4 principles of Equal Pay legislation

18. The plaintiff has been injured upon the result of his own negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Factoring
Equity financing - debt financing - sale of assets
Contributory Negligence

19. Favoritism granted to relatives or friends regardless of merit
Gratuitous bailment
Innocent - negligent - fraudulent
Nepotism
Common - mutual and unilateral.

20. Circumstances in which the authorities do not need a warrant to search your premises
Breach of contract
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Players in the legal system
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

21. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Fiduciary Duty
Exceptions to the privity of contract rule
Vicarious liability
Power of Attorney

22. 'To have the body'
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Habeas corpus
Duty to mitigate
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

23. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).
Gratuitous bailment
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

24. Latin term for within or on the premises of the inn (extension of the inn).
Consideration
Positive Law
John Humphrey
Infra hospitium

25. 'It stands decided'
6 primary purposes of tort law
Stare decisis
Power of attorney
Amortization

26. 2 classes of servants.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Absolute liability
Independent contractors - employees
Noncompetition/nonsolicitation clauses

27. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Disclaimer
Private law
Non est factum

28. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Intentional - Unintentional
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
Actus reus and Mens rea
Passing off

29. Most difficult element of negligence to prove
Infra hospitium
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Lie flat to distribute the force of the impact
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

30. What would a careful - thoughtful person in the same circumstances have done
Mens rea
Reasonable Person Test
By Performance - By Agreement - By Frustration - By Operation of law
Disclaimer

31. Latin term for 'On the face of it'.
Prima facie
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

32. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Defenses to intentional Torts
Positive Law

33. 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.
Repudiation - Sabotage - Failure to perform
Thin Skull Rule
Criminal - Family - Youth - Small claims court
Notary

34. Within the walls of the inn
Infra hospitium
Municipal government
Negligence
Intentional - Unintentional

35. 'Reasonable worth of the good'
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Quantum meruit
Creed
John Humphrey

36. Who owns mislaid property?
The owner
Absolute liability
John Humphrey
Private law

37. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Absolute liability
Price fixing

38. What does BFOR stand for?
By Performance - By Agreement - By Frustration - By Operation of law
Bona fide occupational requirement
Independent contractors - employees
General damages

39. 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
Fiduciary Duty
Absolute liability
Merit
Ultra vires

40. The most difficult element of negligence to prove
Independent contractors - employees
The parol evidence rule
Proximate cause of the injury
Passing off

41. This relationship exists when one person has the power to affect another person's property or legal interests
Parol Evidence Rule
Fiduciary Duty
Lie flat to distribute the force of the impact
General damages

42. Legal responsibility for the negligence of another person
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Vicarious liability
Stare decisis
Pleadings - discoveries - pretrial and or mediation - trial - appeals

43. The exchange of benefits; the price a party pays for the promise
Surcharge
Intentional torts
Consideration
Thin Skull Rule

44. An agreement by an offeror to leave an offer open for a specified period of time
Consideration
Unconscionable transactions
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Option

45. 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.
Open and notorious - unchallenged - exclusive - continuous
To 'perfect' a lien
Infra hospitium
Noncompetition/nonsolicitation clauses

46. 5 reasons for evicting a guest.
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.
Non delegable duty
Stare decisis
Trade mark

47. 3 types of business structures.
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.
Sole proprietorship - partnership - and corporations
1) in the office - 2) every guestroom - and 3) public rooms (area).

48. The price a party pays for the promise.
Consideration
Contributory Negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Restrictive covenant

49. Two kinds of negligence
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.
Trademark infringement
Good Samaritan Legislation
Intentional - Unintentional

50. First stage in a criminal court procedure
Quantum merits
Amortization
Defenses to intentional Torts
Arraignment