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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. 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.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Defenses to intentional Torts
Repudiation - Sabotage - Failure to perform
Noncompetition/nonsolicitation clauses

2. Three types of offences
Group termination
Summary conviction - indictable - and hybrid
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
Natural Law

3. Latin for 'the thing speaks for itself'
Repudiation - sabotage - failure to perform
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Res ipsa loquitar
Easement

4. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
4 items that should be included in the job description
Amortization
Infra hospitium
Exceptions to the privity of contract rule

5. Conditions for rightful dismissal.
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.
6 primary purposes of tort law
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

6. What are the 3 ways employment can be terminated?
Open and notorious - unchallenged - exclusive - continuous
Private law
The 2 classes of servants
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

7. What are the five stages of a civil action?
The items that should be included in a job description
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Constitution
Vicarious Liability

8. Favoritism granted to relatives or friends regardless of merit
Damages that are imposed to punish and to make an example of the offending party
Specific deterrence - general deterrence - rehabilitation - protection of the public
Infra hospitium
Nepotism

9. Guilty act in Latin.
Actus reus
The 4 principles of Equal Pay legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Arraignment

10. Law based on moral - religious or philosophical grounds
Natural Law
Power of attorney
Duty to mitigate
Actus reus and Mens rea

11. list 4 elements of bailment
Positive law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Creed
Trade mark

12. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Mens rea
Types of contracts which must be in writing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

13. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Factoring
Thin Skull Rule

14. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
John Humphrey
Trade mark
Power of Attorney

15. List 3 ways to finance a new or existing business.
Common - mutual and unilateral.
Independent contractors - employees
Equity financing - debt financing - sale of assets
Municipal government

16. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Reiver
Merit
Trademark infringement

17. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Habeas corpus
4 items that should be included in the job description
Constitution
Contributory negligence

18. Innocent - negligent and fraudulent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The kinds of misrepresentation
Intentional - Unintentional
Neighbour principle

19. Food poisoning from hamburger
E. Coli
To 'perfect' a lien
Exemplary damages
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

20. When the public is misled into believing that one company's goods or services are those a similar brand or product
Democratic rights to vote or run for election
Passing off
Actus reus
Agent

21. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Floating charge
Passing off
Absolute liability
Price fixing

22. Independent contractors and employees.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Unilateral Contract
The 2 classes of servants
Notary

23. Two kinds of negligence
Unilateral Contract
Intentional - Unintentional
Gratuitous Promise
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

24. Law created by a person or body with authority to enact and enforce it
Negligent Misrepresentation
Positive Law
Merit
Breach of contract

25. Within the walls of the inn
Infra hospitium
Contributory Negligence
The kinds of misrepresentation
Negligence

26. The publication of a false statement about someone either verbally or in writing which damages their reputation
The kinds of misrepresentation
Municipal government
Defamation
Repudiation - Sabotage - Failure to perform

27. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Royal prerogatives
Equitable estoppal
6 primary purposes of tort law
Injurious Falsehood

28. Defaming a business - a product or a property rather than a person.
Democratic rights to vote or run for election
Discoveries Stage
Injurious Falsehood
Instances under which an offer lapses

29. Most difficult element of negligence to prove
Damages that are imposed to punish and to make an example of the offending party
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule

30. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
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
Summary conviction (minor) - indictable (serious) - hybrid
Absolute liability
Gratuitous bailment

31. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
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.
Merit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

32. The level of government in charge of bylaws
Personal and real
Municipal government
Non est factum
Negligence

33. An advertisement is an example of this... lets people know that you are ready to accept offers
Positive Law
Option
Discoveries Stage
Invitation to treat

34. 'It stands decided'
1) in the office - 2) every guestroom - and 3) public rooms (area).
Gratuitous Promise
Negligence Per se
Stare decisis

35. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Non est factum
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

36. Which of the following rights does the Charter guarantee only to citizens of Canada
Instances under which an offer lapses
Democratic rights to vote or run for election
Open and notorious - unchallenged - exclusive - continuous
Breach of contract

37. How can an employer escape alcohol misuse liability?
Bona fide occupational requirement
Common - mutual and unilateral.
Absolute liability
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.

38. Damages are awarded to compensate the injured party
6 primary purposes of tort law
General damages
Bona fide occupational requirement
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

39. A restriction placed on some aspect of land use.
Exemplary damages
Restrictive covenant
Option
Summary conviction - indictable - and hybrid

40. What are three ways a contract is breached?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Repudiation - sabotage - failure to perform
Exceptions to the privity of contract rule
Summary conviction (minor) - indictable (serious) - hybrid

41. Surviving a falling elevator
Lie flat to distribute the force of the impact
Negligent Misrepresentation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Agent

42. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Players in the legal system
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.
Mens rea
Absolute liability

43. Circumstances in which the authorities do not need a warrant to search your premises
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
420 to 700 hours depending on the regional unemployment rate
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

44. An agreement by an offeror to leave an offer open for a specified period of time.
Injurious Falsehood
Exceptions to the privity of contract rule
Arraignment
Option

45. The most difficult element of negligence to prove
Constitution
Proximate cause of the injury
Res ipsa loquitar
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

46. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligent Misrepresentation
Shareholders - board of directors - statutory officers - employees - and creditors

47. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Mens rea
Absolute liability
Group termination

48. Fundamental freedoms in Section 2 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
Section 33 of the Charter
Noncompetition/nonsolicitation clauses
Nepotism

49. Latin term for within or on the premises of the inn (extension of the inn).
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Arraignment
Neighbour principle
Infra hospitium

50. Author of the Universal Declaration of Human Rights
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not