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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. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Option
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Instances under which an offer lapses

2. 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.
Personal and real
Fiduciary Duty
Land - buildings - fixtures
Thin Skull Rule

3. Accommodations that are not considered 'inns'.
Factoring
Open and notorious - unchallenged - exclusive - continuous
Creed
Boarding house - a rooming house - homes for seniors - and time-share arrangements

4. What is the maximum weekly EI benefit?

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5. When two or more suppliers conspire to set prices.
Res ipsa loquitar
Fiduciary Duty
Price fixing
Parol Evidence Rule

6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Express deposit
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Salmonella
Absolute liability

7. Surviving a falling elevator
Lie flat to distribute the force of the impact
Neighbour principle
Intentional - Unintentional
Independent contractors - employees

8. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
John Humphrey
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
Duty to mitigate
Four purpose of sentencing

9. Most difficult element of negligence to prove
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Repudiation - sabotage - failure to perform
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Sunset Clause

10. Legal responsibility for the negligence of another person
Vicarious liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Legal realism
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

11. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Restrictive covenant
Nepotism
Summary conviction - indictable - and hybrid

12. A duty that cannot be given to someone else
Non delegable duty
Noncompetition/nonsolicitation clauses
Passing off
To 'perfect' a lien

13. Who owns mislaid property?
Express deposit
The owner
Injurious Falsehood
Group termination

14. Latin for guilty act and guilty mind
Actus reus and Mens rea
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exemplary damages
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

15. Legislators - judges - jurors - lawyers - clients and police
Stare decisis
Actus reus
Players in the legal system
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

16. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Uttering
Passing off
Negligent Misrepresentation

17. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Quantum merits
Absolute liability
Discoveries Stage

18. A promise for an action
Unconscionable transactions
Option
Unilateral Contract
The items that should be included in a job description

19. List the 4 conditions of adverse possession. (squatter's rights)
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Quantum meruit
Open and notorious - unchallenged - exclusive - continuous
Negligence Per se

20. Three types of offences
Negligent Misrepresentation
The items that should be included in a job description
Summary conviction - indictable - and hybrid
Equitable estoppal

21. A plaintiff is partly or solely the cause of his or her own injury
Intentional - Unintentional
Players in the legal system
Contributory negligence
Parol Evidence Rule

22. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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23. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Personal and real
Innocent - negligent - fraudulent
4 items that should be included in the job description

24. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Contributory Negligence
Express deposit
Common - mutual and unilateral.
Uttering

25. Spoken and written defamation
Slander and Libel
Non est factum
Express deposit
Positive Law

26. Damages are awarded to compensate the injured party
General damages
Natural Law
Bona fide occupational requirement
The 4 principles of Equal Pay legislation

27. What does BFOR stand for?
Surcharge
Passing off
Reasonable Person Test
Bona fide occupational requirement

28. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Res ipsa loquitar
Repudiation - Sabotage - Failure to perform
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.

29. What are the five stages of a civil action?
Consideration
Open and notorious - unchallenged - exclusive - continuous
Parol Evidence Rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals

30. When the police do not need a warrant to search your residence and/or business?
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
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

31. Guilty act in Latin.
General - Punitive - Exemplary
Negligence Per se
The items that should be included in a job description
Actus reus

32. The plaintiff has been injured upon the result of his own negligence
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contributory Negligence
Trademark infringement

33. The exchange of benefits; the price a party pays for the promise
Gratuitous Promise
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The parol evidence rule

34. What are the 5 tiers of the corporate structure.
Invitation to treat
Shareholders - board of directors - statutory officers - employees - and creditors
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Salmonella

35. Fundamental freedoms in Section 2 of the Charter
The 4 principles of Equal Pay legislation
The parol evidence rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Absolute liability

36. When the public is misled into believing that one company's goods or services are those a similar brand or product
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non est factum
Non est factum
Passing off

37. Another word for 'reafian'?
Repudiation - sabotage - failure to perform
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Personal and real
Reiver

38. You shall have the body
Habeas corpus
Defenses to intentional Torts
Express deposit
The kinds of misrepresentation

39. 'To have the body'
Food and Drugs Act
Habeas corpus
Duty to mitigate
Passing off

40. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Acts of God - acts of a public enemy - guests' own negligence
Disclaimer

41. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
The kinds of misrepresentation
Equitable estoppel
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

42. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Consideration
Power of Attorney
Specific deterrence - general deterrence - rehabilitation - protection of the public
Private law

43. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Factoring
Gratuitous Promise
Reiver
4 items that should be included in the job description

44. Defaming a business - a product or a property rather than a person.
Discoveries Stage
Power of attorney
Easement
Injurious Falsehood

45. Discrimination that is actually encouraged in our society
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Merit
General damages
Thin Skull Rule

46. How contracts can be discharged
Vicarious liability
The parol evidence rule
Group termination
By Performance - By Agreement - By Frustration - By Operation of law

47. 'It stands decided'
Repudiation - sabotage - failure to perform
Stare decisis
Negligence
The 4 principles of Equal Pay legislation

48. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Sunset Clause
Passing off

49. Food poisoning from hamburger
Nepotism
Contributory negligence
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
E. Coli

50. This relationship exists when one person has the power to affect another person's property or legal interests
1) in the office - 2) every guestroom - and 3) public rooms (area).
Fiduciary Duty
Natural Law
Trade mark