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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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
Duty to mitigate
Gratuitous bailment
Personal and real
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

2. When the police do not need a warrant to search your residence and/or business?
Intentional torts
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
420 to 700 hours depending on the regional unemployment rate
Invitation to treat

3. Laws duly enacted by a person or body having the authority to enact and enforce them.
Price fixing
Option
Positive law
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

4. What does BFOR stand for?
The kinds of misrepresentation
Municipal government
Noncompetition/nonsolicitation clauses
Bona fide occupational requirement

5. What does real property include?
Reasons a contract may be impeached
Municipal government
Non delegable duty
Land - buildings - fixtures

6. What are the two types of property?
Personal and real
Negligence
Express deposit
Gratuitous Promise

7. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contractual dismissal - rightful dismissal (termination for cause) - wrongful 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.
Constitution

8. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The items that should be included in a job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Ultra vires

9. 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.
Summary conviction - indictable - and hybrid
Fiduciary Duty
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.
Merit

10. The amount he merits
Mens rea
Quantum merits
Option
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

11. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Floating charge
Natural Law
Food and Drugs Act
Merit

12. Fundamental freedoms in Section 2 of the Charter
Agent
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Actus reus
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

13. It is not my deed
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Exceptions to the privity of contract rule
Non est factum
Parol Evidence Rule

14. 'It stands decided'
Vicarious Liability
Factoring
Stare decisis
Res ipsa loquitar

15. Guilty act in Latin.
Fiduciary Duty
The owner
Actus reus
Invitation to treat

16. The plaintiff has been injured upon the result of his own negligence
Intentional - Unintentional
Contributory Negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Mens rea

17. Guilty mind.
Intentional - Unintentional
Mens rea
By Performance - By Agreement - By Frustration - By Operation of law
Easement

18. Three types of intangibles
Section 33 of the Charter
Municipal government
Power of attorney
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

19. 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
Fiduciary Duty
Salmonella
The 4 principles of Equal Pay legislation
Personal and real

20. Beyond a reasonable doubt is what probability
Negligent Misrepresentation
Summary conviction (minor) - indictable (serious) - hybrid
Reasonable Person Test
98%

21. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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22. Favoritism granted to relatives or friends regardless of merit
Summary conviction - indictable - and hybrid
Good Samaritan Legislation
Nepotism
Arraignment

23. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Exceptions to the privity of contract rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory negligence

24. Res ipsa loquitur

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25. Two types of negligence
Intentional - Unintentional
The kinds of misrepresentation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Equitable estoppel

26. The exchange of benefits; the price a party pays for the promise
Non est factum
Infra hospitium
Absolute liability
Consideration

27. Someone who certifies documents - but does not draft documents
Innocent - negligent - fraudulent
Land - buildings - fixtures
Notary
Financial disloyalty - falsified qualifications - gross and continuing incompetence

28. What are the 3 ways employment can be terminated?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Negligence

29. Three types of offences
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - indictable - and hybrid
E. Coli
Merit

30. List the 4 conditions of adverse possession. (squatter's rights)
Exemplary damages
Open and notorious - unchallenged - exclusive - continuous
Good Samaritan Legislation
Land - buildings - fixtures

31. List 5/6 items employers can expect from their employees
Players in the legal system
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

32. Promises made without consideration
Duty to mitigate
Actus reus
Gratuitous Promise
Fiduciary Duty

33. Within the walls of the inn
Infra hospitium
Intentional - Unintentional
General - Punitive - Exemplary
Open and notorious - unchallenged - exclusive - continuous

34. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Negligent Misrepresentation
Stare decisis
Discoveries Stage

35. 3 types of business structures.
Discoveries Stage
4 items that should be included in the job description
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
Sole proprietorship - partnership - and corporations

36. Division of law that defines rights and remedies
Section 33 of the Charter
Substantive Law
Positive Law
Equity financing - debt financing - sale of assets

37. 2 classes of servants.
Sole proprietorship - partnership - and corporations
420 to 700 hours depending on the regional unemployment rate
Independent contractors - employees
John Humphrey

38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Theft of services
Substantive Law

39. 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.
The 2 classes of servants
Thin Skull Rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional

40. Law is whatever judges say it is...
Sunset Clause
Legal realism
Prima facie
Royal prerogatives

41. This relationship exists when one person has the power to affect another person's property or legal interests
Criminal - Family - Youth - Small claims court
General damages
Mens rea
Fiduciary Duty

42. Law based on moral - religious or philosophical grounds
Substantive Law
Positive Law
Natural Law
Factoring

43. The most difficult element of negligence to prove
Fiduciary Duty
Non est factum
Four purpose of sentencing
Proximate cause of the injury

44. Types of Damages
Intentional torts
General - Punitive - Exemplary
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Merit

45. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Trademark infringement
Reasons a contract may be impeached
Injurious Falsehood

46. What is the maximum weekly EI benefit?

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47. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Shareholders - board of directors - statutory officers - employees - and creditors
4 items that should be included in the job description
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.
Express deposit

48. Regulation - deterrence - compensation - dispute resolution - education and prevention
Power of attorney
6 primary purposes of tort law
Lie flat to distribute the force of the impact
Four purpose of sentencing

49. When 50 or more employees are laid off within 2 months.
Reasonable Person Test
Group termination
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Express deposit

50. Independent contractors and employees.
Noncompetition/nonsolicitation clauses
Neighbour principle
E. Coli
The 2 classes of servants