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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. Law is whatever judges say it is...
Royal prerogatives
Legal realism
Habeas corpus
John Humphrey

2. When the police do not need a warrant to search your residence and/or business?
51% or 52%
Easement
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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

3. What does BFOR stand for?
Bona fide occupational requirement
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
Quantum merits
Infra hospitium

4. When two or more suppliers conspire to set prices.
General - Punitive - Exemplary
Passing off
Price fixing
6 primary purposes of tort law

5. Which of the following rights does the Charter guarantee only to citizens of Canada
Negligence
Arraignment
Democratic rights to vote or run for election
The kinds of misrepresentation

6. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Land - buildings - fixtures
Salmonella
Passing off
Power of attorney

7. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Res ipsa loquitar

8. 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.
To 'perfect' a lien
Breach of contract
Agent
Fiduciary Duty

9. Once a contract is written - it cannot be changed without consent of both parties.
Good Samaritan Legislation
Noncompetition/nonsolicitation clauses
Passing off
The parol evidence rule

10. list 4 elements of bailment
General damages
Positive Law
Good Samaritan Legislation
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

11. A plaintiff is partly or solely the cause of his or her own injury.
Fiduciary Duty
Contributory negligence
Land - buildings - fixtures
Equitable estoppal

12. Stages of a civil action
Landlord-tenant
General damages
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Municipal government

13. What must be established to substantiate a claim for bailment?
Easement
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
Amortization
Summary conviction (minor) - indictable (serious) - hybrid

14. Damages imposed to make an example of the wrongdoer
Intentional torts
Sole proprietorship - partnership - and corporations
Exemplary damages
General damages

15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Trade mark
Reasons a contract may be impeached
Negligent Misrepresentation
Equitable estoppel

16. An agreement by an offeror to leave an offer open for a specified period of time
Prima facie
Legal realism
Option
Exceptions to the privity of contract rule

17. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Reasonable Person Test
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Trademark infringement

18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Section 33 of the Charter
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.
Quantum merits
Absolute liability

19. The plaintiff has been injured upon the result of his own negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Substantive Law
Contributory Negligence
Ultra vires

20. Alcohol misuse under the Liquor License Act
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Habeas corpus
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Negligent Misrepresentation

21. Someone who certifies documents - but does not draft documents
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Instances under which an offer lapses
Agent
Notary

22. Latin term for 'It is not my deed
Intentional torts
Non est factum
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
The owner

23. 5 possible consequences if you default on your mortgage?
Disclaimer
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
Players in the legal system

24. 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?
John Humphrey
The items that should be included in a job description
Breach of contract
Reiver

25. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Fiduciary Duty
Discoveries Stage
Floating charge

26. A restriction placed on some aspect of land use.
Creed
Mens rea
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Restrictive covenant

27. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Disclaimer
420 to 700 hours depending on the regional unemployment rate
Passing off

28. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Res ipsa loquitar
4 items that should be included in the job description
Equitable estoppel
Unilateral Contract

29. Governor general and lieutenant governors
Vicarious liability
Royal prerogatives
Contributory Negligence
Defenses to intentional Torts

30. Within the walls of the inn
Private law
Exceptions to the privity of contract rule
Salmonella
Infra hospitium

31. Law based on moral - religious or philosophical grounds
Democratic rights to vote or run for election
Power of attorney
Natural Law
Summary conviction (minor) - indictable (serious) - hybrid

32. Independent contractors and employees.
Non delegable duty
Quantum meruit
Open and notorious - unchallenged - exclusive - continuous
The 2 classes of servants

33. Allows a legislation to override the Charter
Res ipsa loquitar
Section 33 of the Charter
Common - mutual and unilateral.
Easement

34. The amount he merits
Trademark infringement
Quantum merits
Contributory negligence
Criminal - Family - Youth - Small claims court

35. Damages are awarded to compensate the injured party
Land - buildings - fixtures
General damages
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Parol Evidence Rule

36. Use of another company's business name or logo without permission.
Passing off
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Absolute liability
Trademark infringement

37. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Sole proprietorship - partnership - and corporations
Price fixing
Easement

38. The division of law associated with interpersonal matters
Prima facie
Private law
Parol Evidence Rule
Invitation to treat

39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Slander and Libel
Infra hospitium
Equity financing - debt financing - sale of assets
Absolute liability

40. Selling accounts receivable at a discount.
Factoring
The owner
Municipal government
Summary conviction (minor) - indictable (serious) - hybrid

41. 2 classes of servants.
420 to 700 hours depending on the regional unemployment rate
Noncompetition/nonsolicitation clauses
6 primary purposes of tort law
Independent contractors - employees

42. This relationship exists when one person has the power to affect another person's property or legal interests
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty
E. Coli
Natural Law

43. Circumstances in which the authorities do not need a warrant to search your premises
Fiduciary Duty
Express deposit
Parol Evidence Rule
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

44. 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
Vicarious Liability
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Equity financing - debt financing - sale of assets

45. Legal responsibility for the negligence of another person
Vicarious liability
Passing off
Uttering
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. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Passing off
Slander and Libel
Bona fide occupational requirement

47. What are the five stages of a civil action?
Private law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Restrictive covenant
Prima facie

48. The most difficult element of negligence to prove
Proximate cause of the injury
Trademark infringement
Constitution
Discoveries Stage

49. Two types of negligence
Power of Attorney
Quantum meruit
Common - mutual and unilateral.
Intentional - Unintentional

50. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
$413 or 55% of the claimant's average insured earnings (whichever is less)
Negligence Per se
Positive Law