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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. A promise for an action
Infra hospitium
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Unilateral Contract
Intentional - Unintentional

2. An agreement by an offeror to leave an offer open for a specified period of time
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Sunset Clause
Option
Summary conviction (minor) - indictable (serious) - hybrid

3. When the public is misled into believing that one company's goods or services are those a similar brand or product.
John Humphrey
Actus reus and Mens rea
Passing off
The 4 principles of Equal Pay legislation

4. list 4 elements of bailment
Exceptions to the privity of contract rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

5. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
The kinds of misrepresentation
Habeas corpus
Sunset Clause
Municipal government

6. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Trade mark
Vicarious liability
Instances under which an offer lapses
Food and Drugs Act

7. 2 classes of servants.
Merit
4 items that should be included in the job description
Independent contractors - employees
Quantum meruit

8. Latin for 'the thing speaks for itself'
Four purpose of sentencing
Floating charge
Res ipsa loquitar
Summary conviction - indictable - and hybrid

9. Three types of offences
Proximate cause of the injury
Summary conviction - indictable - and hybrid
Contributory negligence
Positive law

10. Legal responsibility for the negligence of another person
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Vicarious liability
General damages
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

11. 'Reasonable worth of the good'
Personal and real
Reasonable Person Test
Quantum meruit
6 primary purposes of tort law

12. Discrimination that is actually encouraged in our society
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Duty to mitigate
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.

13. When the public is misled into believing that one company's goods or services are those a similar brand or product
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious Liability
Thin Skull Rule
Passing off

14. Damages are awarded to compensate the injured party
Salmonella
General damages
Absolute liability
Quantum meruit

15. Favoritism granted to relatives or friends regardless of merit
Passing off
Nepotism
Vicarious liability
John Humphrey

16. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Non delegable duty
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Constitution

17. Law created by a person or body with authority to enact and enforce it
Merit
Non est factum
Positive Law
Consideration

18. The amount he merits
Quantum merits
Passing off
Passing off
Instances under which an offer lapses

19. The exchange of benefits; the price a party pays for the promise
Reasons a contract may be impeached
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
Proximate cause of the injury

20. Latin term for 'On the face of it'.
420 to 700 hours depending on the regional unemployment rate
Prima facie
Sunset Clause
John Humphrey

21. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Instances under which an offer lapses
Repudiation - Sabotage - Failure to perform
The items that should be included in a job description
Financial disloyalty - falsified qualifications - gross and continuing incompetence

22. Another word for 'reafian'?
Ultra vires
Reiver
Notary
Consideration

23. 'It stands decided'
Equity financing - debt financing - sale of assets
Res ipsa loquitar
Stare decisis
The 4 principles of Equal Pay legislation

24. Once a contract is written - it cannot be changed without the consent of both parties
Notary
Sunset Clause
Vicarious liability
Parol Evidence Rule

25. 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.
Absolute liability
Contributory negligence
Thin Skull Rule
Arraignment

26. How contracts can be discharged
Nepotism
E. Coli
By Performance - By Agreement - By Frustration - By Operation of law
Surcharge

27. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Damages that are imposed to punish and to make an example of the offending party
Reasons a contract may be impeached
Option
Theft of services

28. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Food and Drugs Act
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Easement

29. Under contract law - list the three types of mistake the law recognizes.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Notary
Common - mutual and unilateral.
Passing off

30. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Theft of services
Negligence
Option
Vicarious Liability

31. Innocent - negligent and fraudulent
Contributory negligence
Fiduciary Duty
Common - mutual and unilateral.
The kinds of misrepresentation

32. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Non est factum
Floating charge
Absolute liability

33. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
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
By Performance - By Agreement - By Frustration - By Operation of law
Players in the legal system

34. Amount added on to a usual charge for a specific product - purpose - or service.
Infra hospitium
Uttering
Surcharge
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

35. Law based on moral - religious or philosophical grounds
Natural Law
98%
Amortization
Quantum merits

36. 3 types of offenses in a criminal procedure
The 2 classes of servants
Summary conviction - Indictable - Hybrid
51% or 52%
Salmonella

37. 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?
Breach of contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious Liability

38. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The items that should be included in a job description
4 items that should be included in the job description
General - Punitive - Exemplary

39. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Vicarious liability
Arraignment
Actus reus and Mens rea
Four purpose of sentencing

40. Guilty act in Latin.
Prima facie
Actus reus
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Exceptions to the privity of contract rule

41. The division of law associated with interpersonal matters
Exceptions to the privity of contract rule
Sole proprietorship - partnership - and corporations
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
Private law

42. The price a party pays for the promise.
Power of attorney
Consideration
51% or 52%
Slander and Libel

43. Types of Damages
Vicarious Liability
General - Punitive - Exemplary
Fiduciary Duty
Disclaimer

44. Independent contractors and employees.
The 2 classes of servants
Royal prerogatives
Option
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

45. What would a careful - thoughtful person in the same circumstances have done
Creed
Equitable estoppal
Defamation
Reasonable Person Test

46. Use of another company's business name or logo without permission.
Trademark infringement
Salmonella
Neighbour principle
Uttering

47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Passing off
Res ipsa loquitar
Types of contracts which must be in writing
Discoveries Stage

48. List the 4 conditions of adverse possession. (squatter's rights)
Infra hospitium
The items that should be included in a job description
Open and notorious - unchallenged - exclusive - continuous
Prima facie

49. What are the five stages of a civil action?
To 'perfect' a lien
Unconscionable transactions
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Pleadings - discoveries - pretrial and or mediation - trial - appeals

50. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Passing off
Noncompetition/nonsolicitation clauses
Intentional torts
Defenses to intentional Torts