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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 some of the conditions for rightful dismissal?
Positive law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Salmonella
Good Samaritan Legislation

2. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Equitable estoppel
Power of Attorney
Fiduciary Duty
Intentional - Unintentional

3. 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
Defenses to intentional Torts
Infra hospitium
Ultra vires
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

4. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Option
'The thing speaks for itself'
To 'perfect' a lien
Negligence Per se

5. What are three ways a contract is breached
Duty to mitigate
Repudiation - Sabotage - Failure to perform
Gratuitous bailment
Option

6. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Thin Skull Rule
Express deposit
Actus reus
Instances under which an offer lapses

7. Latin for 'the thing speaks for itself'
Option
Res ipsa loquitar
Injurious Falsehood
Consideration

8. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Summary conviction - indictable - and hybrid
Positive Law
Absolute liability

9. List the 3 subtle signs of intoxication.
Independent contractors - employees
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Actus reus and Mens rea
Fiduciary Duty

10. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Noncompetition/nonsolicitation clauses
4 items that should be included in the job description
The 4 principles of Equal Pay legislation
Reasons a contract may be impeached

11. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Open and notorious - unchallenged - exclusive - continuous
General damages
The items that should be included in a job description
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

12. Allows a legislation to override the Charter
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Section 33 of the Charter
Negligence
Duty to mitigate

13. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Negligence
Exceptions to the privity of contract rule
Unilateral Contract

14. When the police do not need a warrant to search your residence and/or business?
Quantum merits
Equitable estoppel
Instances under which an offer lapses
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

15. 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
The 4 principles of Equal Pay legislation
Creed
Proximate cause of the injury
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

16. What are the two types of property?
Private law
Fiduciary Duty
Personal and real
Infra hospitium

17. When two or more suppliers conspire to set prices.
Shareholders - board of directors - statutory officers - employees - and creditors
Prima facie
Price fixing
Intentional - Unintentional

18. Selling accounts receivable at a discount.
Factoring
Option
Democratic rights to vote or run for election
Landlord-tenant

19. Three types of intangibles
Land - buildings - fixtures
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Constitution

20. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Landlord-tenant
Absolute liability
Substantive Law
Defamation

21. When 50 or more employees are laid off within 2 months.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Injurious Falsehood
Group termination
Passing off

22. What would a careful - thoughtful person in the same circumstances have done
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.
Reasonable Person Test
Democratic rights to vote or run for election
1) in the office - 2) every guestroom - and 3) public rooms (area).

23. Under contract law - list the three types of mistake the law recognizes.
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
Common - mutual and unilateral.
Exceptions to the privity of contract rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence

24. Damages are awarded to compensate the injured party
General damages
Land - buildings - fixtures
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Legal realism

25. Types of Damages
General - Punitive - Exemplary
Fiduciary Duty
Disclaimer
Unilateral Contract

26. 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
Power of attorney
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Constitution
Criminal - Family - Youth - Small claims court

27. What is the maximum weekly EI benefit?

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28. Food poisoning from hamburger
E. Coli
Mens rea
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Defenses to intentional Torts

29. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Legal realism
'The thing speaks for itself'
Quantum merits

30. Someone who certifies documents - but does not draft documents
Price fixing
Notary
Non est factum
$413 or 55% of the claimant's average insured earnings (whichever is less)

31. Amount added on to a usual charge for a specific product - purpose - or service.
Positive law
Restrictive covenant
Sunset Clause
Surcharge

32. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
4 items that should be included in the job description
Repudiation - Sabotage - Failure to perform
General - Punitive - Exemplary

33. Surviving a falling elevator
Lie flat to distribute the force of the impact
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Trademark infringement
Open and notorious - unchallenged - exclusive - continuous

34. Accommodations that are not considered 'inns'.
Personal and real
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The 4 principles of Equal Pay legislation
Absolute liability

35. The amount he merits
Quantum merits
General damages
Unconscionable transactions
Salmonella

36. A promise for an action
Unilateral Contract
Substantive Law
Neighbour principle
The 4 principles of Equal Pay legislation

37. What are the 3 types of bailment?
Contributory negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Habeas corpus
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

38. 5 reasons for evicting a guest.
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
Fiduciary Duty
Reiver

39. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
Open and notorious - unchallenged - exclusive - continuous
Duty to mitigate

40. Three types of offences
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction - indictable - and hybrid
Four purpose of sentencing
Acts of God - acts of a public enemy - guests' own negligence

41. Balance of probability needed to win a civil case
Habeas corpus
Injurious Falsehood
Reasonable Person Test
51% or 52%

42. Damages imposed to make an example of the wrongdoer
Non delegable duty
Exemplary damages
Notary
Personal and real

43. List remedies one would expect when a contract is breached
Floating charge
The owner
The 2 classes of servants
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

44. 'Reasonable worth of the good'
Constitution
Floating charge
Quantum meruit
51% or 52%

45. Beyond a reasonable doubt is what probability
Fiduciary Duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
98%
Stare decisis

46. Which of the following rights does the Charter guarantee only to citizens of Canada
Reiver
Democratic rights to vote or run for election
Habeas corpus
Noncompetition/nonsolicitation clauses

47. Favoritism granted to relatives or friends regardless of merit
Exceptions to the privity of contract rule
Nepotism
Good Samaritan Legislation
Option

48. A right to use another's land for a specific purpose.
Easement
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
Notary
Positive law

49. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exemplary damages
Mens rea

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

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