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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. 'It stands decided'
Defenses to intentional Torts
Stare decisis
Democratic rights to vote or run for election
Reasonable Person Test

2. 5 possible consequences if you default on your mortgage?
Common - mutual and unilateral.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Intentional - Unintentional

3. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Thin Skull Rule
Stare decisis
Reasons a contract may be impeached

4. This person acts on behalf of the principal
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Agent
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals

5. Law is whatever judges say it is...
Damages that are imposed to punish and to make an example of the offending party
Legal realism
Positive Law
E. Coli

6. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Acts of God - acts of a public enemy - guests' own negligence
Land - buildings - fixtures
Types of contracts which must be in writing

7. 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
Option
Amortization
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.
Good Samaritan Legislation

8. What is the maximum weekly EI benefit?

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9. List 3 ways to finance a new or existing business.
Repudiation - Sabotage - Failure to perform
Non est factum
Equity financing - debt financing - sale of assets
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

10. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Trademark infringement
Players in the legal system
Discoveries Stage
Ultra vires

11. Food Poisoning from chicken
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Shareholders - board of directors - statutory officers - employees - and creditors
Positive law
Salmonella

12. Alcohol misuse under the Liquor License Act
Nepotism
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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

13. Division of law that defines rights and remedies
John Humphrey
Substantive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The 2 classes of servants

14. Legislators - judges - jurors - lawyers - clients and police
Invitation to treat
Equity financing - debt financing - sale of assets
Non delegable duty
Players in the legal system

15. Res ipsa loquitur

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16. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Absolute liability
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
Food and Drugs Act
Gratuitous Promise

17. When the police do not need a warrant to search your residence and/or business?
Unconscionable transactions
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consideration
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

18. Damages imposed to make an example of the wrongdoer
Infra hospitium
Democratic rights to vote or run for election
Exemplary damages
Summary conviction (minor) - indictable (serious) - hybrid

19. What are exemplary damages?
Easement
Restrictive covenant
Group termination
Damages that are imposed to punish and to make an example of the offending party

20. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Option
John Humphrey
'The thing speaks for itself'
Intentional torts

21. list 4 elements of bailment
Legal realism
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Neighbour principle
Ultra vires

22. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Res ipsa loquitar
Option
Equitable estoppel

23. 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
Trade mark
Sunset Clause
Power of attorney
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

24. 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.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Noncompetition/nonsolicitation clauses
Nepotism

25. What are some of the conditions for rightful dismissal?
Section 33 of the Charter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sole proprietorship - partnership - and corporations

26. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
E. Coli
Slander and Libel
Bona fide occupational requirement
Sunset Clause

27. List the 4 conditions of adverse possession. (squatter's rights)
Vicarious liability
Open and notorious - unchallenged - exclusive - continuous
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
The kinds of misrepresentation

28. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Summary conviction - indictable - and hybrid
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum
Duty to mitigate

29. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Types of contracts which must be in writing
Proximate cause of the injury
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

30. What are the two types of property?
Personal and real
Good Samaritan Legislation
6 primary purposes of tort law
Prima facie

31. The level of government in charge of bylaws
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Substantive Law
Municipal government
Acts of God - acts of a public enemy - guests' own negligence

32. Allows a legislation to override the Charter
The kinds of misrepresentation
Summary conviction - indictable - and hybrid
Duty to mitigate
Section 33 of the Charter

33. In a criminal procedure list the 3 types of offenses
Power of Attorney
Noncompetition/nonsolicitation clauses
Group termination
Summary conviction (minor) - indictable (serious) - hybrid

34. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Damages that are imposed to punish and to make an example of the offending party
Food and Drugs Act
Constitution
Contributory Negligence

35. Accommodations that are not considered 'inns'.
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
6 primary purposes of tort law

36. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
420 to 700 hours depending on the regional unemployment rate
Absolute liability
Landlord-tenant
Uttering

37. What are the 5 tiers of the corporate structure.
Surcharge
Notary
Exceptions to the privity of contract rule
Shareholders - board of directors - statutory officers - employees - and creditors

38. 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.
Private law
Fiduciary Duty
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Habeas corpus

39. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
98%
Amortization
Damages that are imposed to punish and to make an example of the offending party

40. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Negligent Misrepresentation
Uttering
Slander and Libel
Option

41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Legal realism
Passing off
Specific deterrence - general deterrence - rehabilitation - protection of the public
Intentional torts

42. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Non est factum
The 4 principles of Equal Pay legislation
Positive Law

43. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non est factum
Vicarious liability
Consideration

44. When two or more suppliers conspire to set prices.
Price fixing
By Performance - By Agreement - By Frustration - By Operation of law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Quantum meruit

45. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Repudiation - sabotage - failure to perform
Passing off
Intentional - Unintentional
1) in the office - 2) every guestroom - and 3) public rooms (area).

46. A right to use another's land for a specific purpose.
Absolute liability
Land - buildings - fixtures
General - Punitive - Exemplary
Easement

47. Three types of intangibles
Trademark infringement
Merit
Option
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

48. Political - religious beliefs - and affiliations
Creed
Reasons a contract may be impeached
Option
General damages

49. Someone who certifies documents - but does not draft documents
Contributory negligence
Notary
The 4 principles of Equal Pay legislation
Absolute liability

50. An advertisement is an example of this... lets people know that you are ready to accept offers
Group termination
Invitation to treat
6 primary purposes of tort law
Passing off