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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. List the 3 subtle signs of intoxication.
Natural Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Power of Attorney
Price fixing

2. Two kinds of negligence
Intentional - Unintentional
51% or 52%
Independent contractors - employees
Consideration

3. Amount added on to a usual charge for a specific product - purpose - or service.
Contributory Negligence
The owner
Defenses to intentional Torts
Surcharge

4. Bailment for the sole benefit of the bailor.
Sunset Clause
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Gratuitous bailment

5. Innocent - negligent and fraudulent
Arraignment
Sunset Clause
The kinds of misrepresentation
Damages that are imposed to punish and to make an example of the offending party

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.
Thin Skull Rule
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate
Easement

7. When two or more suppliers conspire to set prices.
Creed
Price fixing
Intentional - Unintentional
Summary conviction - Indictable - Hybrid

8. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
E. Coli
Landlord-tenant
Substantive Law
The 2 classes of servants

9. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - indictable - and hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

10. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Infra hospitium
Uttering
Discoveries Stage
$413 or 55% of the claimant's average insured earnings (whichever is less)

11. What must be established to substantiate a claim for bailment?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
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
John Humphrey
Instances under which an offer lapses

12. Defaming a business - a product or a property rather than a person.
Res ipsa loquitar
420 to 700 hours depending on the regional unemployment rate
Positive law
Injurious Falsehood

13. 'It stands decided'
Private law
Innocent - negligent - fraudulent
Stare decisis
Gratuitous Promise

14. 2 classes of servants.
Vicarious Liability
Independent contractors - employees
Repudiation - sabotage - failure to perform
Injurious Falsehood

15. Four methods to prevent potential legal action against your business.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Option

16. Once a contract is written - it cannot be changed without consent of both parties.
Exceptions to the privity of contract rule
The parol evidence rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Ultra vires

17. Damages are awarded to compensate the injured party
Sole proprietorship - partnership - and corporations
Section 33 of the Charter
Passing off
General damages

18. Latin term for within or on the premises of the inn (extension of the inn).
Habeas corpus
Neighbour principle
Players in the legal system
Infra hospitium

19. Legislators - judges - jurors - lawyers - clients and police
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Players in the legal system
Types of contracts which must be in writing
Good Samaritan Legislation

20. Guilty act in Latin.
6 primary purposes of tort law
Contributory Negligence
Exemplary damages
Actus reus

21. This person acts on behalf of the principal
Damages that are imposed to punish and to make an example of the offending party
The items that should be included in a job description
Types of contracts which must be in writing
Agent

22. You shall have the body
Infra hospitium
Habeas corpus
Price fixing
Merit

23. What are the three kinds of misrepresentation?
Exemplary damages
Innocent - negligent - fraudulent
Invitation to treat
Neighbour principle

24. Food Poisoning from chicken
Common - mutual and unilateral.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Salmonella
Substantive Law

25. Types of Damages
Agent
General - Punitive - Exemplary
Innocent - negligent - fraudulent
Merit

26. A plaintiff is partly or solely the cause of his or her own injury.
Fiduciary Duty
John Humphrey
Contributory negligence
Trademark infringement

27. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Quantum merits
The owner
Reiver
Discoveries Stage

28. 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.
Price fixing
Disclaimer
Fiduciary Duty
Food and Drugs Act

29. Law based on moral - religious or philosophical grounds
Democratic rights to vote or run for election
Natural Law
Theft of services
Notary

30. Someone who certifies documents - but does not draft documents
Notary
John Humphrey
The owner
Good Samaritan Legislation

31. Alcohol misuse under the Liquor License Act
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
Royal prerogatives
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

32. What does BFOR stand for?
Bona fide occupational requirement
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Types of contracts which must be in writing

33. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Easement
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
John Humphrey
Good Samaritan Legislation

34. Legal responsibility for the negligence of another person
Vicarious liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Slander and Libel
Bona fide occupational requirement

35. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Trade mark
Royal prerogatives
Nepotism

36. What are three ways a contract is breached?
Lie flat to distribute the force of the impact
Trademark infringement
The parol evidence rule
Repudiation - sabotage - failure to perform

37. Another word for 'reafian'?
Invitation to treat
Notary
Reiver
4 items that should be included in the job description

38. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Fiduciary Duty
98%
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

39. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Sole proprietorship - partnership - and corporations
Negligence
Gratuitous Promise

40. What are the 3 types of bailment?
Innocent - negligent - fraudulent
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reasonable Person Test
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

41. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Quantum merits
Power of Attorney
Repudiation - sabotage - failure to perform
Section 33 of the Charter

42. The publication of a false statement about someone either verbally or in writing which damages their reputation
Floating charge
4 items that should be included in the job description
Defamation
Intentional - Unintentional

43. What are the two types of property?
Personal and real
Democratic rights to vote or run for election
Group termination
Trade mark

44. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Duty to mitigate
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Res ipsa loquitar

45. When a contract is breached - the injured party must do What is required to limit the losses they suffer
The 2 classes of servants
Noncompetition/nonsolicitation clauses
Duty to mitigate
The items that should be included in a job description

46. 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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Reasonable Person Test

47. A restriction placed on some aspect of land use.
General - Punitive - Exemplary
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Habeas corpus
Restrictive covenant

48. 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
Quantum meruit
Non est factum
Negligent Misrepresentation
Acts of God - acts of a public enemy - guests' own negligence

49. Division of Lower Provincial Courts
Lie flat to distribute the force of the impact
Positive Law
Criminal - Family - Youth - Small claims court
Summary conviction (minor) - indictable (serious) - hybrid

50. 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
Passing off
The 4 principles of Equal Pay legislation
Intentional - Unintentional
Reiver