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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. 2 classes of servants.
Stare decisis
Independent contractors - employees
Unconscionable transactions
Personal and real

2. Types of Damages
Gratuitous bailment
Arraignment
General - Punitive - Exemplary
Invitation to treat

3. Guilty act in Latin.
Actus reus
Neighbour principle
Negligence
Factoring

4. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Actus reus and Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
General - Punitive - Exemplary

5. Independent contractors and employees.
Uttering
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The 2 classes of servants
Royal prerogatives

6. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Intentional torts
Passing off
Theft of services
Municipal government

7. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Noncompetition/nonsolicitation clauses
Natural Law
Vicarious liability

8. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Parol Evidence Rule
John Humphrey
Slander and Libel
The 4 principles of Equal Pay legislation

9. This person acts on behalf of the principal
Agent
Salmonella
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.
Option

10. A promise for an action
Royal prerogatives
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Reasons a contract may be impeached
Unilateral Contract

11. Legal responsibility for the negligence of another person
Fiduciary Duty
Innocent - negligent - fraudulent
Amortization
Vicarious liability

12. Discrimination that is actually encouraged in our society
Non delegable duty
Merit
Exceptions to the privity of contract rule
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

13. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Merit
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Equitable estoppal

14. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
E. Coli
Section 33 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

15. What are the 5 tiers of the corporate structure.
Land - buildings - fixtures
John Humphrey
Shareholders - board of directors - statutory officers - employees - and creditors
Exceptions to the privity of contract rule

16. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
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.
Fiduciary Duty
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

17. 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.
Option
Non est factum
Fiduciary Duty
The parol evidence rule

18. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Group termination
Food and Drugs Act
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

19. Innocent - negligent and fraudulent
Gratuitous bailment
The kinds of misrepresentation
Landlord-tenant
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

20. What are the 3 ways employment can be terminated?
Group termination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

21. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Price fixing
Types of contracts which must be in writing
Sole proprietorship - partnership - and corporations
Uttering

22. Law based on moral - religious or philosophical grounds
Infra hospitium
Natural Law
Proximate cause of the injury
The items that should be included in a job description

23. Food poisoning from hamburger
Agent
E. Coli
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Sunset Clause

24. Latin term for within or on the premises of the inn (extension of the inn).
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
Infra hospitium
The kinds of misrepresentation
Exceptions to the privity of contract rule

25. Division of Lower Provincial Courts
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The items that should be included in a job description
Summary conviction (minor) - indictable (serious) - hybrid
Criminal - Family - Youth - Small claims court

26. Use of another company's business name or logo without permission.
Equitable estoppal
Trademark infringement
Creed
Shareholders - board of directors - statutory officers - employees - and creditors

27. The division of law associated with interpersonal matters
Private law
The 2 classes of servants
Mens rea
Summary conviction - indictable - and hybrid

28. Law is whatever judges say it is...
Common - mutual and unilateral.
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
Legal realism

29. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
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
Passing off
Agent
Good Samaritan Legislation

30. What is the maximum weekly EI benefit?

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31. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Duty to mitigate
Vicarious Liability
4 items that should be included in the job description
Intentional torts

32. Res ipsa loquitur

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33. A restriction placed on some aspect of land use.
Restrictive covenant
Habeas corpus
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
Consideration

34. Two types of negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Intentional - Unintentional
Absolute liability
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

35. What are three ways a contract is breached?
Reasons a contract may be impeached
Gratuitous Promise
General - Punitive - Exemplary
Repudiation - sabotage - failure to perform

36. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Summary conviction - Indictable - Hybrid
Negligent Misrepresentation
Food and Drugs Act
Stare decisis

37. List 3 ways to finance a new or existing business.
Negligence Per se
Unilateral Contract
Equity financing - debt financing - sale of assets
Open and notorious - unchallenged - exclusive - continuous

38. Once a contract is written - it cannot be changed without the consent of both parties
Vicarious Liability
Option
Parol Evidence Rule
Discoveries Stage

39. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Reasonable Person Test
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Summary conviction - indictable - and hybrid

40. What does BFOR stand for?
Exceptions to the privity of contract rule
Bona fide occupational requirement
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

41. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Theft of services
Quantum merits
Surcharge

42. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Royal prerogatives
General damages
Power of Attorney
Criminal - Family - Youth - Small claims court

43. 'To have the body'
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.
Non est factum
Shareholders - board of directors - statutory officers - employees - and creditors
Habeas corpus

44. When 50 or more employees are laid off within 2 months.
Group termination
John Humphrey
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Boarding house - a rooming house - homes for seniors - and time-share arrangements

45. 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
Private law
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence

46. Alcohol misuse under the Liquor License Act
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.
Injurious Falsehood
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
$413 or 55% of the claimant's average insured earnings (whichever is less)

47. List the 3 subtle signs of intoxication.
Private law
To 'perfect' a lien
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

48. What must be established to substantiate a claim for bailment?
Players in the legal system
Factoring
Reasonable Person Test
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

49. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Reiver
Contributory Negligence
Landlord-tenant

50. 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
Unilateral Contract
The 4 principles of Equal Pay legislation
Vicarious Liability
Contributory negligence