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Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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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. Food poisoning from hamburger
E. Coli
Negligence
Reiver
Open and notorious - unchallenged - exclusive - continuous
2. 5 reasons for evicting a guest.
Equitable estoppal
Intentional torts
General - Punitive - Exemplary
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.
3. Law created by a person or body with authority to enact and enforce it
General damages
Amortization
Acts of God - acts of a public enemy - guests' own negligence
Positive Law
4. Bailment for the sole benefit of the bailor.
Ultra vires
Gratuitous bailment
'The thing speaks for itself'
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
5. Legal responsibility for the negligence of another person
Neighbour principle
Infra hospitium
Vicarious liability
The items that should be included in a job description
6. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Instances under which an offer lapses
The kinds of misrepresentation
Passing off
7. 2 classes of servants.
Food and Drugs Act
1) in the office - 2) every guestroom - and 3) public rooms (area).
Invitation to treat
Independent contractors - employees
8. 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
420 to 700 hours depending on the regional unemployment rate
Vicarious Liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Uttering
9. Once a contract is written - it cannot be changed without consent of both parties.
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.
The parol evidence rule
Prima facie
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
10. You shall have the body
Trademark infringement
Habeas corpus
Price fixing
Negligent Misrepresentation
11. Two kinds of negligence
Types of contracts which must be in writing
Intentional - Unintentional
Equitable estoppel
Vicarious Liability
12. Law is whatever judges say it is...
Legal realism
Factoring
Land - buildings - fixtures
Absolute liability
13. The level of government in charge of bylaws
Municipal government
Ultra vires
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Equity financing - debt financing - sale of assets
14. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Prima facie
Section 33 of the Charter
Exceptions to the privity of contract rule
Express deposit
15. Beyond a reasonable doubt is what probability
98%
Res ipsa loquitar
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Negligence
16. Who owns mislaid property?
Municipal government
Non delegable duty
Actus reus
The owner
17. Balance of probability needed to win a civil case
51% or 52%
Acts of God - acts of a public enemy - guests' own negligence
Habeas corpus
Actus reus and Mens rea
18. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Common - mutual and unilateral.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Discoveries Stage
19. In a criminal procedure list the 3 types of offenses
Duty to mitigate
Summary conviction (minor) - indictable (serious) - hybrid
Four purpose of sentencing
Common - mutual and unilateral.
20. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Exemplary damages
420 to 700 hours depending on the regional unemployment rate
Consideration
Constitution
21. 'Reasonable worth of the good'
Constitution
The 2 classes of servants
Group termination
Quantum meruit
22. Types of Damages
Specific deterrence - general deterrence - rehabilitation - protection of the public
General - Punitive - Exemplary
Duty to mitigate
Contributory negligence
23. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Unconscionable transactions
Exceptions to the privity of contract rule
Proximate cause of the injury
24. A person who becomes ill but did not pay for the meal can sue the establishment
Landlord-tenant
Neighbour principle
Positive Law
Damages that are imposed to punish and to make an example of the offending party
25. Alcohol misuse under the Liquor License Act
Gratuitous bailment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Surcharge
Thin Skull Rule
26. Laws duly enacted by a person or body having the authority to enact and enforce them.
420 to 700 hours depending on the regional unemployment rate
Personal and real
To 'perfect' a lien
Positive law
27. Promises made without consideration
Habeas corpus
Gratuitous Promise
Actus reus
Power of attorney
28. Three types of offences
Summary conviction - indictable - and hybrid
Notary
Royal prerogatives
Duty to mitigate
29. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Sunset Clause
Disclaimer
Lie flat to distribute the force of the impact
30. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Notary
Bona fide occupational requirement
Negligence
The kinds of misrepresentation
31. It is not my deed
Non est factum
Common - mutual and unilateral.
Good Samaritan Legislation
Thin Skull Rule
32. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Landlord-tenant
Express deposit
Option
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
33. Which of the following rights does the Charter guarantee only to citizens of Canada
Group termination
The items that should be included in a job description
John Humphrey
Democratic rights to vote or run for election
34. Most difficult element of negligence to prove
Constitution
Specific deterrence - general deterrence - rehabilitation - protection of the public
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Good Samaritan Legislation
35. Another word for 'reafian'?
Reiver
John Humphrey
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
36. Use of another company's business name or logo without permission.
Agent
Trademark infringement
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Salmonella
37. A restriction placed on some aspect of land use.
Democratic rights to vote or run for election
John Humphrey
Restrictive covenant
Lie flat to distribute the force of the impact
38. Guilty act in Latin.
Nepotism
John Humphrey
Salmonella
Actus reus
39. Latin term for 'On the face of it'.
Four purpose of sentencing
Prima facie
51% or 52%
6 primary purposes of tort law
40. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Municipal government
Reasonable Person Test
Discoveries Stage
41. A plaintiff is partly or solely the cause of his or her own injury.
Proximate cause of the injury
Trade mark
Contributory negligence
Consideration
42. 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
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Sunset Clause
Ultra vires
Independent contractors - employees
43. Latin for guilty act and guilty mind
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.
Contributory negligence
Actus reus and Mens rea
Fiduciary Duty
44. What does BFOR stand for?
Bona fide occupational requirement
By Performance - By Agreement - By Frustration - By Operation of law
To 'perfect' a lien
Contributory negligence
45. Within the walls of the inn
Repudiation - Sabotage - Failure to perform
Negligence
Infra hospitium
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
46. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Factoring
Fiduciary Duty
Reasonable Person Test
47. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Actus reus
Personal and real
Criminal - Family - Youth - Small claims court
48. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Disclaimer
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Power of Attorney
Types of contracts which must be in writing
49. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Nepotism
Creed
Absolute liability
50. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Easement
Intentional torts
Floating charge
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