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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. Most difficult element of negligence to prove
Breach of contract
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Royal prerogatives
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

2. Food Poisoning from chicken
Negligent Misrepresentation
Quantum merits
By Performance - By Agreement - By Frustration - By Operation of law
Salmonella

3. A symbol - word - name or device used to identify or signify a company or its product.
Injurious Falsehood
Open and notorious - unchallenged - exclusive - continuous
Trade mark
Agent

4. 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?
Fiduciary Duty
Contributory Negligence
Breach of contract
Notary

5. 5 possible consequences if you default on your mortgage?
John Humphrey
Passing off
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

6. Within the walls of the inn
Non delegable duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Infra hospitium

7. 'Reasonable worth of the good'
Negligent Misrepresentation
Non est factum
The 2 classes of servants
Quantum meruit

8. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Discoveries Stage
Vicarious liability
Four purpose of sentencing
Floating charge

9. 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.
Thin Skull Rule
6 primary purposes of tort law
Legal realism
Equity financing - debt financing - sale of assets

10. Balance of probability needed to win a civil case
Passing off
51% or 52%
Defenses to intentional Torts
Reasons a contract may be impeached

11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Habeas corpus

12. Defaming a business - a product or a property rather than a person.
Discoveries Stage
Vicarious liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Injurious Falsehood

13. Guilty act in Latin.
Actus reus
The owner
Absolute liability
Summary conviction - indictable - and hybrid

14. Two kinds of negligence
Unconscionable transactions
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Fiduciary Duty
Intentional - Unintentional

15. Division of Lower Provincial Courts
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 meruit
Summary conviction - indictable - and hybrid
Criminal - Family - Youth - Small claims court

16. What are three ways a contract is breached?
Trade mark
The kinds of misrepresentation
Infra hospitium
Repudiation - sabotage - failure to perform

17. Division of law that defines rights and remedies
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Substantive Law
Negligent Misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

18. What are three ways a contract is breached
Summary conviction - Indictable - Hybrid
Infra hospitium
Fiduciary Duty
Repudiation - Sabotage - Failure to perform

19. Allows a legislation to override the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Express deposit
Negligence Per se
Section 33 of the Charter

20. Selling accounts receivable at a discount.
Non delegable duty
Factoring
Parol Evidence Rule
Neighbour principle

21. Two types of negligence
Equitable estoppel
Intentional - Unintentional
Summary conviction (minor) - indictable (serious) - hybrid
Group termination

22. Food poisoning from hamburger
Vicarious Liability
E. Coli
Contributory Negligence
The parol evidence rule

23. 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.
Open and notorious - unchallenged - exclusive - continuous
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Injurious Falsehood
Fiduciary Duty

24. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Easement
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Salmonella

25. Three types of offences
Substantive Law
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.
Contributory negligence
Summary conviction - indictable - and hybrid

26. List the 3 subtle signs of intoxication.
Innocent - negligent - fraudulent
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration

27. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Amortization
Habeas corpus
1) in the office - 2) every guestroom - and 3) public rooms (area).
Reasons a contract may be impeached

28. Latin for 'the thing speaks for itself'
Vicarious Liability
Res ipsa loquitar
6 primary purposes of tort law
Absolute liability

29. An agreement by an offeror to leave an offer open for a specified period of time.
Disclaimer
Duty to mitigate
Legal realism
Option

30. Latin for guilty act and guilty mind
Actus reus and Mens rea
Prima facie
Parol Evidence Rule
John Humphrey

31. The exchange of benefits; the price a party pays for the promise
Parol Evidence Rule
Consideration
Quantum merits
Gratuitous bailment

32. Discrimination that is actually encouraged in our society
Positive law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Group termination
Merit

33. The division of law associated with interpersonal matters
Arraignment
Private law
Unilateral Contract
Salmonella

34. How contracts can be discharged
Landlord-tenant
Contributory Negligence
By Performance - By Agreement - By Frustration - By Operation of law
Thin Skull Rule

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

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36. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reiver
Legal realism
Consideration

37. Someone who certifies documents - but does not draft documents
Gratuitous Promise
Notary
Bona fide occupational requirement
Repudiation - Sabotage - Failure to perform

38. list 4 elements of bailment
98%
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contributory negligence
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.

39. Legal responsibility for the negligence of another person
Vicarious liability
Reasons a contract may be impeached
Damages that are imposed to punish and to make an example of the offending party
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.

40. Types of Damages
General - Punitive - Exemplary
Slander and Libel
Infra hospitium
6 primary purposes of tort law

41. When the public is misled into believing that one company's goods or services are those a similar brand or product
Reiver
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Absolute liability
Passing off

42. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Nepotism
Ultra vires
1) in the office - 2) every guestroom - and 3) public rooms (area).
Noncompetition/nonsolicitation clauses

43. Law is whatever judges say it is...
Legal realism
Equitable estoppel
Consideration
E. Coli

44. List remedies one would expect when a contract is breached
Defenses to intentional Torts
Landlord-tenant
Contributory negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

45. Governor general and lieutenant governors
Merit
Royal prerogatives
Repudiation - sabotage - failure to perform
Lie flat to distribute the force of the impact

46. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Damages that are imposed to punish and to make an example of the offending party
General damages
The 4 principles of Equal Pay legislation

47. An advertisement is an example of this... lets people know that you are ready to accept offers
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.
Floating charge
Prima facie
Invitation to treat

48. Res ipsa loquitur

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49. Which of the following rights does the Charter guarantee only to citizens of Canada
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
Democratic rights to vote or run for election
Vicarious Liability

50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Constitution
Contributory negligence
Discoveries Stage
1) behavioral changes 2) changes in speech and 3) loss of co-ordination