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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. 2 classes of servants.
Independent contractors - employees
Damages that are imposed to punish and to make an example of the offending party
Prima facie
Exceptions to the privity of contract rule

2. Notices of statutory provisions limiting liability be posted where?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Theft of services
1) in the office - 2) every guestroom - and 3) public rooms (area).
Nepotism

3. Minimum amount of hours needed to be eligible for EI benefits.
Criminal - Family - Youth - Small claims court
420 to 700 hours depending on the regional unemployment rate
'The thing speaks for itself'
Passing off

4. A right to use another's land for a specific purpose.
Types of contracts which must be in writing
Surcharge
Easement
Damages that are imposed to punish and to make an example of the offending party

5. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Equitable estoppal
Duty to mitigate
Arraignment
Sunset Clause

6. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Food and Drugs Act
Instances under which an offer lapses
Breach of contract
Neighbour principle

7. Two kinds of negligence
Positive Law
Intentional - Unintentional
Trademark infringement
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

8. A person who becomes ill but did not pay for the meal can sue the establishment
Section 33 of the Charter
Players in the legal system
Prima facie
Neighbour principle

9. Food Poisoning from chicken
Stare decisis
Salmonella
Positive Law
6 primary purposes of tort law

10. Damages are awarded to compensate the injured party
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Res ipsa loquitar
Section 33 of the Charter
General damages

11. Balance of probability needed to win a civil case
Equitable estoppal
51% or 52%
Summary conviction - indictable - and hybrid
Quantum meruit

12. Fundamental freedoms in Section 2 of the Charter
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
By Performance - By Agreement - By Frustration - By Operation of law
Nepotism

13. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Noncompetition/nonsolicitation clauses
Nepotism
Independent contractors - employees
Constitution

14. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Open and notorious - unchallenged - exclusive - continuous
Positive law
Passing off

15. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Breach of contract
Res ipsa loquitar
Instances under which an offer lapses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

16. This person acts on behalf of the principal
Mens rea
Agent
Exceptions to the privity of contract rule
Independent contractors - employees

17. Selling accounts receivable at a discount.
Merit
Factoring
$413 or 55% of the claimant's average insured earnings (whichever is less)
Express deposit

18. 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
Ultra vires
Amortization
4 items that should be included in the job description
Disclaimer

19. The price a party pays for the promise.
Consideration
Prima facie
Surcharge
Financial disloyalty - falsified qualifications - gross and continuing incompetence

20. How contracts can be discharged
Exemplary damages
By Performance - By Agreement - By Frustration - By Operation of law
Creed
6 primary purposes of tort law

21. Spoken and written defamation
Stare decisis
Slander and Libel
Vicarious liability
The kinds of misrepresentation

22. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Specific deterrence - general deterrence - rehabilitation - protection of the public
Food and Drugs Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

23. 'To have the body'
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Habeas corpus
Ultra vires
1) in the office - 2) every guestroom - and 3) public rooms (area).

24. Political - religious beliefs - and affiliations
Creed
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.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Prima facie

25. What are the 5 tiers of the corporate structure.
Democratic rights to vote or run for election
Arraignment
Equitable estoppal
Shareholders - board of directors - statutory officers - employees - and creditors

26. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Passing off
Unconscionable transactions
Reasons a contract may be impeached
Summary conviction - indictable - and hybrid

27. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Trade mark
Negligent Misrepresentation

28. Res ipsa loquitur

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29. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
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.
General damages
Intentional torts
John Humphrey

30. Author of the Universal Declaration of Human Rights
John Humphrey
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional - Unintentional
Summary conviction - Indictable - Hybrid

31. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Four purpose of sentencing
Types of contracts which must be in writing
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Good Samaritan Legislation

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Mens rea
Notary
Intentional torts
Exceptions to the privity of contract rule

33. When the police do not need a warrant to search your residence and/or business?
Discoveries Stage
Section 33 of the Charter
Contributory negligence
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

34. 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.
Land - buildings - fixtures
Equitable estoppel
Private law
Exemplary damages

35. Under contract law - list the three types of mistake the law recognizes.
Slander and Libel
Landlord-tenant
Common - mutual and unilateral.
Non est factum

36. The period of time required to pay off the principal completely at a set interest rate.
Repudiation - Sabotage - Failure to perform
The kinds of misrepresentation
Shareholders - board of directors - statutory officers - employees - and creditors
Amortization

37. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Repudiation - sabotage - failure to perform
Nepotism
The kinds of misrepresentation

38. Alcohol misuse under the Liquor License Act
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Gratuitous bailment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Absolute liability

39. 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.
Gratuitous Promise
Thin Skull Rule
Discoveries Stage
Positive law

40. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Vicarious Liability
Intentional - Unintentional
6 primary purposes of tort law

41. Law based on moral - religious or philosophical grounds
Positive law
Innocent - negligent - fraudulent
Natural Law
Option

42. Beyond a reasonable doubt is what probability
Consideration
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
98%

43. What does real property include?
Vicarious liability
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
Land - buildings - fixtures
Theft of services

44. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Noncompetition/nonsolicitation clauses
Four purpose of sentencing
By Performance - By Agreement - By Frustration - By Operation of law
Unconscionable transactions

45. Laws duly enacted by a person or body having the authority to enact and enforce them.
Restrictive covenant
Theft of services
Contributory negligence
Positive law

46. A duty that cannot be given to someone else
Non delegable duty
Passing off
Surcharge
Trademark infringement

47. What are the three kinds of misrepresentation?
Personal and real
Four purpose of sentencing
Negligent Misrepresentation
Innocent - negligent - fraudulent

48. Latin term for 'It is not my deed
Trade mark
420 to 700 hours depending on the regional unemployment rate
Legal realism
Non est factum

49. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
The 4 principles of Equal Pay legislation
Acts of God - acts of a public enemy - guests' own negligence
Quantum meruit

50. List the 4 conditions of adverse possession. (squatter's rights)
Duty to mitigate
Innocent - negligent - fraudulent
Uttering
Open and notorious - unchallenged - exclusive - continuous