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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. Four methods to prevent potential legal action against your business.
Disclaimer
The items that should be included in a job description
Intentional - Unintentional
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

2. 5 possible consequences if you default on your mortgage?
Gratuitous bailment
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Positive law
Good Samaritan Legislation

3. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Acts of God - acts of a public enemy - guests' own negligence
Reasons a contract may be impeached
Substantive Law
The owner

4. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Four purpose of sentencing
Private law
The parol evidence rule

5. 3 types of offenses in a criminal procedure
Proximate cause of the injury
Types of contracts which must be in writing
Summary conviction - Indictable - Hybrid
Unilateral Contract

6. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Passing off
Absolute liability
Constitution

7. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Arraignment
Exceptions to the privity of contract rule
Royal prerogatives

8. 'To have the body'
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
E. Coli
Habeas corpus

9. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Positive law
Gratuitous bailment
Fiduciary Duty

10. Once a contract is written - it cannot be changed without the consent of both parties
Negligence Per se
Common - mutual and unilateral.
Parol Evidence Rule
The parol evidence rule

11. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Reasonable Person Test
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction (minor) - indictable (serious) - hybrid

12. You shall have the body
Non est factum
Vicarious Liability
Constitution
Habeas corpus

13. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Theft of services
Reasonable Person Test
Equitable estoppal
Quantum merits

14. 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
Common - mutual and unilateral.
Vicarious Liability
Defamation
Shareholders - board of directors - statutory officers - employees - and creditors

15. Notices of statutory provisions limiting liability be posted where?
Unconscionable transactions
Power of attorney
Uttering
1) in the office - 2) every guestroom - and 3) public rooms (area).

16. Innocent - negligent and fraudulent
The kinds of misrepresentation
Discoveries Stage
Factoring
Landlord-tenant

17. The amount he merits
Trademark infringement
Quantum merits
General damages
Discoveries Stage

18. What must be established to substantiate a claim for bailment?
Vicarious liability
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
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.

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

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

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21. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Legal realism
Merit
Uttering
Actus reus

22. In a criminal procedure list the 3 types of offenses
Intentional - Unintentional
Trademark infringement
Criminal - Family - Youth - Small claims court
Summary conviction (minor) - indictable (serious) - hybrid

23. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The owner
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.

24. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Sole proprietorship - partnership - and corporations
Theft of services
Price fixing

25. 'It stands decided'
Stare decisis
Quantum merits
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Vicarious Liability

26. What are some of the conditions for rightful dismissal?
Actus reus
Royal prerogatives
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence

27. 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.
Open and notorious - unchallenged - exclusive - continuous
Noncompetition/nonsolicitation clauses
Section 33 of the Charter
98%

28. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Trade mark
Summary conviction - Indictable - Hybrid
4 items that should be included in the job description

29. Author of the Universal Declaration of Human Rights in 1948?
Independent contractors - employees
John Humphrey
Noncompetition/nonsolicitation clauses
Innocent - negligent - fraudulent

30. Division of law that defines rights and remedies
Substantive Law
Noncompetition/nonsolicitation clauses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
1) in the office - 2) every guestroom - and 3) public rooms (area).

31. Fundamental freedoms in Section 2 of the Charter
Merit
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Infra hospitium

32. Defaming a business - a product or a property rather than a person.
E. Coli
Breach of contract
Summary conviction - Indictable - Hybrid
Injurious Falsehood

33. Governor general and lieutenant governors
Private law
Repudiation - Sabotage - Failure to perform
Legal realism
Royal prerogatives

34. What are three ways a contract is breached?
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.
Negligent Misrepresentation
Surcharge
Repudiation - sabotage - failure to perform

35. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Vicarious liability
Open and notorious - unchallenged - exclusive - continuous
Intentional - Unintentional
Equitable estoppel

36. The most difficult element of negligence to prove
Consideration
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proximate cause of the injury

37. Author of the Universal Declaration of Human Rights
Proximate cause of the injury
Criminal - Family - Youth - Small claims court
John Humphrey
Damages that are imposed to punish and to make an example of the offending party

38. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Trademark infringement
Slander and Libel

39. Division of Lower Provincial Courts
Negligence Per se
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Criminal - Family - Youth - Small claims court
Actus reus and Mens rea

40. Independent contractors and employees.
The 2 classes of servants
Specific deterrence - general deterrence - rehabilitation - protection of the public
Instances under which an offer lapses
Landlord-tenant

41. A restriction placed on some aspect of land use.
Restrictive covenant
Neighbour principle
Consideration
Option

42. An agreement by an offeror to leave an offer open for a specified period of time
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

43. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Theft of services
Disclaimer
Habeas corpus
The 4 principles of Equal Pay legislation

44. 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
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
Good Samaritan Legislation
Breach of contract

45. When the public is misled into believing that one company's goods or services are those a similar brand or product.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Exceptions to the privity of contract rule
Passing off
Instances under which an offer lapses

46. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Theft of services
Noncompetition/nonsolicitation clauses
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

47. A duty that cannot be given to someone else
Non delegable duty
6 primary purposes of tort law
Open and notorious - unchallenged - exclusive - continuous
Exceptions to the privity of contract rule

48. Surviving a falling elevator
Substantive Law
Types of contracts which must be in writing
Legal realism
Lie flat to distribute the force of the impact

49. When 50 or more employees are laid off within 2 months.
Reiver
Group termination
Theft of services
Equitable estoppel

50. The level of government in charge of bylaws
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Positive Law
Municipal government