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Hospitality Law

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. 'Reasonable worth of the good'
Proximate cause of the injury
Land - buildings - fixtures
Quantum meruit
Trademark infringement

2. 'To have the body'
Summary conviction - indictable - and hybrid
Vicarious liability
Habeas corpus
Constitution

3. An agreement by an offeror to leave an offer open for a specified period of time.
Quantum meruit
420 to 700 hours depending on the regional unemployment rate
Constitution
Option

4. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Gratuitous Promise
Exceptions to the privity of contract rule
Instances under which an offer lapses
Factoring

5. 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.
Uttering
Fiduciary Duty
Innocent - negligent - fraudulent
Duty to mitigate

6. Under contract law - list the three types of mistake the law recognizes.
Acts of God - acts of a public enemy - guests' own negligence
Power of attorney
Common - mutual and unilateral.
Actus reus

7. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Municipal government
The 4 principles of Equal Pay legislation
Exceptions to the privity of contract rule
Natural Law

8. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Mens rea
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Four purpose of sentencing

9. 'It stands decided'
Gratuitous Promise
Lie flat to distribute the force of the impact
Stare decisis
Common - mutual and unilateral.

10. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Actus reus and Mens rea
Prima facie
Factoring

11. Once a contract is written - it cannot be changed without consent of both parties.
Nepotism
Habeas corpus
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 parol evidence rule

12. list 4 elements of bailment
The 2 classes of servants
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Injurious Falsehood

13. Balance of probability needed to win a civil case
Amortization
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
51% or 52%
Unilateral Contract

14. Res ipsa loquitur

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15. 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
51% or 52%
Absolute liability
Slander and Libel

16. A duty that cannot be given to someone else
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.
Innocent - negligent - fraudulent
Non delegable duty
Easement

17. Types of Damages
General - Punitive - Exemplary
Types of contracts which must be in writing
Independent contractors - employees
Neighbour principle

18. Law based on moral - religious or philosophical grounds
Arraignment
Consideration
Types of contracts which must be in writing
Natural Law

19. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
To 'perfect' a lien
Exceptions to the privity of contract rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

20. What are the five stages of a civil action?
Creed
Group termination
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Power of Attorney

21. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Private law

22. The most difficult element of negligence to prove
Theft of services
Trade mark
Proximate cause of the injury
Option

23. What does real property include?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Land - buildings - fixtures
Summary conviction - indictable - and hybrid
Negligence

24. Legislators - judges - jurors - lawyers - clients and police
Quantum meruit
Players in the legal system
John Humphrey
The parol evidence rule

25. An agreement by an offeror to leave an offer open for a specified period of time
Intentional - Unintentional
Non est factum
Option
Equitable estoppel

26. Law created by a person or body with authority to enact and enforce it
Absolute liability
Merit
Positive Law
Landlord-tenant

27. 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
Power of attorney
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Constitution
The 2 classes of servants

28. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Habeas corpus
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Food and Drugs Act
Invitation to treat

29. Author of the Universal Declaration of Human Rights
Invitation to treat
John Humphrey
Sole proprietorship - partnership - and corporations
Neighbour principle

30. Two types of negligence
Ultra vires
Equitable estoppel
Consideration
Intentional - Unintentional

31. Notices of statutory provisions limiting liability be posted where?
Negligence Per se
1) in the office - 2) every guestroom - and 3) public rooms (area).
Repudiation - sabotage - failure to perform
Trade mark

32. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Exceptions to the privity of contract rule
Contributory negligence
Option

33. Favoritism granted to relatives or friends regardless of merit
4 items that should be included in the job description
Nepotism
Discoveries Stage
Infra hospitium

34. List the 3 subtle signs of intoxication.
Sole proprietorship - partnership - and corporations
Good Samaritan Legislation
$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

35. What must be established to substantiate a claim for bailment?
Constitution
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 4 principles of Equal Pay legislation
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

36. Spoken and written defamation
Positive law
The 2 classes of servants
Reasons a contract may be impeached
Slander and Libel

37. Discrimination that is actually encouraged in our society
Duty to mitigate
Injurious Falsehood
Merit
Agent

38. You shall have the body
Express deposit
Summary conviction (minor) - indictable (serious) - hybrid
Habeas corpus
Royal prerogatives

39. The exchange of benefits; the price a party pays for the promise
Duty to mitigate
Consideration
Natural Law
John Humphrey

40. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Natural Law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The 4 principles of Equal Pay legislation

41. What does BFOR stand for?
Bona fide occupational requirement
Quantum merits
Section 33 of the Charter
Factoring

42. Independent contractors and employees.
98%
The 2 classes of servants
Duty to mitigate
Intentional - Unintentional

43. Division of Lower Provincial Courts
Actus reus
Criminal - Family - Youth - Small claims court
Summary conviction - Indictable - Hybrid
Surcharge

44. An advertisement is an example of this... lets people know that you are ready to accept offers
Summary conviction (minor) - indictable (serious) - hybrid
Consideration
Invitation to treat
Contributory negligence

45. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Shareholders - board of directors - statutory officers - employees - and creditors
Gratuitous bailment
Negligence Per se
Passing off

46. Damages are awarded to compensate the injured party
General damages
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Damages that are imposed to punish and to make an example of the offending party
Positive law

47. Three types of intangibles
Exceptions to the privity of contract rule
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Non est factum
4 items that should be included in the job description

48. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Habeas corpus
E. Coli
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

49. Another word for 'reafian'?
Reiver
Restrictive covenant
Royal prerogatives
Good Samaritan Legislation

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
Vicarious Liability
6 primary purposes of tort law
Unilateral Contract
Invitation to treat

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