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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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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. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Types of contracts which must be in writing
Constitution
Group termination

2. Three types of offences
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Negligent Misrepresentation
Substantive Law
Summary conviction - indictable - and hybrid

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

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4. What are the 3 ways employment can be terminated?
Land - buildings - fixtures
Trademark infringement
Non est factum
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

5. Governor general and lieutenant governors
Negligent Misrepresentation
Royal prerogatives
Injurious Falsehood
Legal realism

6. Latin term for 'It is not my deed
Group termination
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Unilateral Contract
Non est factum

7. What are the two types of property?
Personal and real
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Intentional - Unintentional
1) in the office - 2) every guestroom - and 3) public rooms (area).

8. Food Poisoning from chicken
To 'perfect' a lien
Salmonella
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Disclaimer

9. List 3 ways to finance a new or existing business.
Parol Evidence Rule
Equity financing - debt financing - sale of assets
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Salmonella

10. A right to use another's land for a specific purpose.
Types of contracts which must be in writing
John Humphrey
Easement
Notary

11. A restriction placed on some aspect of land use.
Restrictive covenant
Injurious Falsehood
E. Coli
Repudiation - Sabotage - Failure to perform

12. Circumstances in which the authorities do not need a warrant to search your premises
Exceptions to the privity of contract rule
Intentional torts
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

13. Law created by a person or body with authority to enact and enforce it
Substantive Law
Independent contractors - employees
Positive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

14. 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.
Bona fide occupational requirement
Constitution
Thin Skull Rule
Equitable estoppel

15. Allows a legislation to override the Charter
Natural Law
Section 33 of the Charter
Private law
Reasons a contract may be impeached

16. Law is whatever judges say it is...
Legal realism
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Four purpose of sentencing
Innocent - negligent - fraudulent

17. Legislators - judges - jurors - lawyers - clients and police
420 to 700 hours depending on the regional unemployment rate
Unilateral Contract
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Players in the legal system

18. 5 possible consequences if you default on your mortgage?
Legal realism
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
E. Coli
Habeas corpus

19. What would a careful - thoughtful person in the same circumstances have done
Instances under which an offer lapses
Summary conviction - Indictable - Hybrid
Reasonable Person Test
Salmonella

20. Laws duly enacted by a person or body having the authority to enact and enforce them.
Criminal - Family - Youth - Small claims court
Ultra vires
Damages that are imposed to punish and to make an example of the offending party
Positive law

21. Spoken and written defamation
Slander and Libel
Reiver
To 'perfect' a lien
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

22. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Notary
Landlord-tenant
Unconscionable transactions
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

23. Law based on moral - religious or philosophical grounds
Exemplary damages
Natural Law
Salmonella
Absolute liability

24. 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
Sunset Clause
Amortization
Vicarious Liability
Factoring

25. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Gratuitous bailment
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Non est factum

26. what are the four purposes of sentencing?
Reasons a contract may be impeached
Equity financing - debt financing - sale of assets
Specific deterrence - general deterrence - rehabilitation - protection of the public
Thin Skull Rule

27. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Stare decisis
Innocent - negligent - fraudulent
Restrictive covenant
Passing off

28. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Ultra vires
Damages that are imposed to punish and to make an example of the offending party
Innocent - negligent - fraudulent
Negligence Per se

29. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Fiduciary Duty
Absolute liability
Non est factum

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
John Humphrey
Discoveries Stage
Passing off
Common - mutual and unilateral.

31. Promises made without consideration
Land - buildings - fixtures
Parol Evidence Rule
Gratuitous Promise
Independent contractors - employees

32. 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
Sole proprietorship - partnership - and corporations
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
The 4 principles of Equal Pay legislation
Instances under which an offer lapses

33. What does real property include?
Land - buildings - fixtures
Habeas corpus
Duty to mitigate
Absolute liability

34. The most difficult element of negligence to prove
Proximate cause of the injury
Trademark infringement
Boarding house - a rooming house - homes for seniors - and time-share arrangements
General damages

35. Surviving a falling elevator
Sunset Clause
Notary
Neighbour principle
Lie flat to distribute the force of the impact

36. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Summary conviction - Indictable - Hybrid
Absolute liability
Mens rea
Municipal government

37. The level of government in charge of bylaws
Equity financing - debt financing - sale of assets
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contributory Negligence

38. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Exemplary damages
Landlord-tenant
'The thing speaks for itself'
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

39. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Discoveries Stage
Four purpose of sentencing

40. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Equitable estoppel
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Types of contracts which must be in writing
Proximate cause of the injury

41. Accommodations that are not considered 'inns'.
Reiver
Section 33 of the Charter
Duty to mitigate
Boarding house - a rooming house - homes for seniors - and time-share arrangements

42. 3 types of offenses in a criminal procedure
Actus reus and Mens rea
Summary conviction - Indictable - Hybrid
Proximate cause of the injury
Unconscionable transactions

43. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Defenses to intentional Torts
Floating charge
Natural Law
Theft of services

44. Author of the Universal Declaration of Human Rights
Land - buildings - fixtures
Proximate cause of the injury
Mens rea
John Humphrey

45. What does BFOR stand for?
Consideration
Bona fide occupational requirement
Stare decisis
Personal and real

46. What are the five stages of a civil action?
Passing off
Repudiation - Sabotage - Failure to perform
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Boarding house - a rooming house - homes for seniors - and time-share arrangements

47. Two types of negligence
Duty to mitigate
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
Intentional - Unintentional

48. This relationship exists when one person has the power to affect another person's property or legal interests
6 primary purposes of tort law
Fiduciary Duty
Non delegable duty
Intentional torts

49. An advertisement is an example of this... lets people know that you are ready to accept offers
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Quantum meruit
Royal prerogatives
Invitation to treat

50. 5 reasons for evicting a guest.
Equity financing - debt financing - sale of assets
Consideration
By Performance - By Agreement - By Frustration - By Operation of 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.