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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. List the 4 conditions of adverse possession. (squatter's rights)
Constitution
Uttering
Stare decisis
Open and notorious - unchallenged - exclusive - continuous

2. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
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
Equitable estoppel
Contributory Negligence

3. What are the 3 ways employment can be terminated?
Res ipsa loquitar
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey

4. Defaming a business - a product or a property rather than a person.
Disclaimer
Passing off
Injurious Falsehood
Players in the legal system

5. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
John Humphrey
Discoveries Stage
Option
Disclaimer

6. Use of another company's business name or logo without permission.
Disclaimer
Open and notorious - unchallenged - exclusive - continuous
Trademark infringement
Acts of God - acts of a public enemy - guests' own negligence

7. 3 types of offenses in a criminal procedure
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - Indictable - Hybrid
98%
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

8. Circumstances in which the authorities do not need a warrant to search your premises
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
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.
Contributory negligence

9. What are some of the conditions for rightful dismissal?
Players in the legal system
Specific deterrence - general deterrence - rehabilitation - protection of the public
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence

10. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Contributory negligence
Floating charge
The items that should be included in a job description
Creed

11. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Theft of services
Non est factum
Exemplary damages

12. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Express deposit
Exemplary damages
Summary conviction - indictable - and hybrid
Passing off

13. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Land - buildings - fixtures
Theft of services
Exceptions to the privity of contract rule

14. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Bona fide occupational requirement
Res ipsa loquitar

15. 3 types of business structures.
Reasons a contract may be impeached
Open and notorious - unchallenged - exclusive - continuous
Sole proprietorship - partnership - and corporations
Arraignment

16. You shall have the body
Habeas corpus
Neighbour principle
Intentional - Unintentional
Noncompetition/nonsolicitation clauses

17. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Food and Drugs Act
Personal and real
Breach of contract

18. 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.
Sole proprietorship - partnership - and corporations
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
Fiduciary Duty
Actus reus and Mens rea

19. The plaintiff has been injured upon the result of his own negligence
Summary conviction (minor) - indictable (serious) - hybrid
Contributory Negligence
Neighbour principle
Gratuitous Promise

20. List 3 ways to finance a new or existing business.
1) in the office - 2) every guestroom - and 3) public rooms (area).
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.
Equity financing - debt financing - sale of assets
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

21. Governor general and lieutenant governors
Royal prerogatives
Repudiation - Sabotage - Failure to perform
Noncompetition/nonsolicitation clauses
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

22. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equity financing - debt financing - sale of assets
Uttering
Easement

23. The level of government in charge of bylaws
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule
Unconscionable transactions
Municipal government

24. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Intentional torts
Power of attorney
$413 or 55% of the claimant's average insured earnings (whichever is less)

25. This relationship exists when one person has the power to affect another person's property or legal interests
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Actus reus
Fiduciary Duty
Personal and real

26. Balance of probability needed to win a civil case
Criminal - Family - Youth - Small claims court
Breach of contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
51% or 52%

27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Arraignment
Exceptions to the privity of contract rule
Positive law
Intentional torts

28. When 50 or more employees are laid off within 2 months.
Group termination
Injurious Falsehood
Mens rea
Sunset Clause

29. Minimum amount of hours needed to be eligible for EI benefits.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
420 to 700 hours depending on the regional unemployment rate
By Performance - By Agreement - By Frustration - By Operation of law
Financial disloyalty - falsified qualifications - gross and continuing incompetence

30. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Contributory negligence
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform

31. A promise for an action
Unilateral Contract
Actus reus and Mens rea
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Democratic rights to vote or run for election

32. Author of the Universal Declaration of Human Rights in 1948?
Proximate cause of the injury
Option
Negligence Per se
John Humphrey

33. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Amortization
Vicarious Liability
Types of contracts which must be in writing
Theft of services

34. Three types of intangibles
Ultra vires
Instances under which an offer lapses
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Repudiation - Sabotage - Failure to perform

35. 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
Passing off
Equitable estoppel
The 4 principles of Equal Pay legislation
Open and notorious - unchallenged - exclusive - continuous

36. Spoken and written defamation
Contributory negligence
Arraignment
Reasons a contract may be impeached
Slander and Libel

37. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Reasons a contract may be impeached
Power of attorney
Independent contractors - employees
Negligence Per se

38. The period of time required to pay off the principal completely at a set interest rate.
Neighbour principle
Non delegable duty
Amortization
Stare decisis

39. what are the four purposes of sentencing?
Injurious Falsehood
Financial disloyalty - falsified qualifications - gross and continuing incompetence
6 primary purposes of tort law
Specific deterrence - general deterrence - rehabilitation - protection of the public

40. Two kinds of negligence
'The thing speaks for itself'
6 primary purposes of tort law
Intentional - Unintentional
The 2 classes of servants

41. 5 reasons for evicting a guest.
Natural Law
Absolute liability
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.
Types of contracts which must be in writing

42. How can an employer escape alcohol misuse liability?
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.
4 items that should be included in the job description
Democratic rights to vote or run for election
Habeas corpus

43. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Mens rea
Innocent - negligent - fraudulent
Lie flat to distribute the force of the impact

44. Which of the following rights does the Charter guarantee only to citizens of Canada
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional torts
Democratic rights to vote or run for election
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

45. Latin term for within or on the premises of the inn (extension of the inn).
Easement
98%
Positive law
Infra hospitium

46. What is the maximum weekly EI benefit?

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47. Fundamental freedoms in Section 2 of the Charter
Non delegable duty
Positive Law
Royal prerogatives
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

48. An agreement by an offeror to leave an offer open for a specified period of time.
Legal realism
Option
Criminal - Family - Youth - Small claims court
Negligence

49. Food Poisoning from chicken
Defamation
Salmonella
Lie flat to distribute the force of the impact
Equitable estoppal

50. Damages are awarded to compensate the injured party
Private law
Exceptions to the privity of contract rule
Sole proprietorship - partnership - and corporations
General damages