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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. 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
Express deposit
Vicarious Liability
Breach of contract
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

2. What are the 5 tiers of the corporate structure.
Passing off
Gratuitous bailment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Shareholders - board of directors - statutory officers - employees - and creditors

3. 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
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
Four purpose of sentencing
The 4 principles of Equal Pay legislation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

4. Selling accounts receivable at a discount.
Negligence Per se
Factoring
Proximate cause of the injury
Royal prerogatives

5. Guilty mind.
Mens rea
Sole proprietorship - partnership - and corporations
Four purpose of sentencing
Surcharge

6. 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
Absolute liability
Royal prerogatives
1) in the office - 2) every guestroom - and 3) public rooms (area).

7. Under contract law - list the three types of mistake the law recognizes.
Surcharge
Floating charge
Common - mutual and unilateral.
Royal prerogatives

8. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Non delegable duty
Natural Law

9. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Option
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Equitable estoppel

10. When two or more suppliers conspire to set prices.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
Merit
Price fixing

11. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Gratuitous Promise
Consideration
Innocent - negligent - fraudulent

12. When the police do not need a warrant to search your residence and/or business?
Four purpose of sentencing
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The parol evidence rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

13. What would a careful - thoughtful person in the same circumstances have done
Floating charge
Prima facie
Reasonable Person Test
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

14. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Personal and real
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defenses to intentional Torts

15. Three types of offences
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.
Food and Drugs Act
Summary conviction - indictable - and hybrid
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

16. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
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.
Unconscionable transactions
Reasons a contract may be impeached
Amortization

17. 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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The owner
Players in the legal system

18. Independent contractors and employees.
Players in the legal system
The 2 classes of servants
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
Repudiation - Sabotage - Failure to perform

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
98%
Habeas corpus
Types of contracts which must be in writing

20. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Slander and Libel
Exceptions to the privity of contract rule
Reasons a contract may be impeached
The items that should be included in a job description

21. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Floating charge
Summary conviction - Indictable - Hybrid
'The thing speaks for itself'
Defenses to intentional Torts

22. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Group termination
Independent contractors - employees
Noncompetition/nonsolicitation clauses
Substantive Law

23. What are the three exceptions to the common law absolute liability rule.

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24. Laws duly enacted by a person or body having the authority to enact and enforce them.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Gratuitous Promise
Positive law

25. The amount he merits
Land - buildings - fixtures
Exemplary damages
Quantum merits
Absolute liability

26. Law based on moral - religious or philosophical grounds
Natural Law
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
Royal prerogatives
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

27. What are the 3 types of bailment?
John Humphrey
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Unilateral Contract

28. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
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
Equitable estoppal
Substantive Law

29. 5 reasons for evicting a guest.
Equity financing - debt financing - sale of assets
Passing off
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.
The items that should be included in a job description

30. Latin for guilty act and guilty mind
The kinds of misrepresentation
Actus reus and Mens rea
Habeas corpus
Reasonable Person Test

31. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Breach of contract
Slander and Libel
Repudiation - sabotage - failure to perform
Intentional torts

32. Defaming a business - a product or a property rather than a person.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Injurious Falsehood
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Independent contractors - employees

33. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
98%
Actus reus and Mens rea
The 4 principles of Equal Pay legislation

34. Fundamental freedoms in Section 2 of the Charter
Open and notorious - unchallenged - exclusive - continuous
Res ipsa loquitar
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

35. A right to use another's land for a specific purpose.
Contributory negligence
Easement
Thin Skull Rule
Express deposit

36. What does BFOR stand for?
Municipal government
Bona fide occupational requirement
Absolute liability
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

37. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Thin Skull 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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

38. The publication of a false statement about someone either verbally or in writing which damages their reputation
Players in the legal system
Equity financing - debt financing - sale of assets
Defamation
Summary conviction (minor) - indictable (serious) - hybrid

39. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Non est factum
Players in the legal system
Noncompetition/nonsolicitation clauses

40. Amount added on to a usual charge for a specific product - purpose - or service.
Unilateral Contract
Unconscionable transactions
Surcharge
420 to 700 hours depending on the regional unemployment rate

41. How can an employer escape alcohol misuse liability?
Express deposit
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.
Nepotism
Fiduciary Duty

42. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Group termination
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Prima facie
Theft of services

43. A person who becomes ill but did not pay for the meal can sue the establishment
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.
Neighbour principle
The items that should be included in a job description
Fiduciary Duty

44. Use of another company's business name or logo without permission.
Open and notorious - unchallenged - exclusive - continuous
By Performance - By Agreement - By Frustration - By Operation of law
Trademark infringement
Pleadings - discoveries - pretrial and or mediation - trial - appeals

45. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Discoveries Stage
Absolute liability
Private law
Passing off

46. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Repudiation - sabotage - failure to perform
Exceptions to the privity of contract rule
Food and Drugs Act
Non est factum

47. Types of Damages
Exemplary damages
John Humphrey
General - Punitive - Exemplary
Consideration

48. Who owns mislaid property?
Non est factum
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.
The owner
Good Samaritan Legislation

49. 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
Intentional torts
Contributory Negligence
John Humphrey

50. The price a party pays for the promise.
Consideration
Fiduciary Duty
Quantum merits
Invitation to treat