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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. 2 classes of servants.
Independent contractors - employees
Shareholders - board of directors - statutory officers - employees - and creditors
Quantum meruit
Restrictive covenant

2. What are exemplary damages?
Open and notorious - unchallenged - exclusive - continuous
Factoring
Passing off
Damages that are imposed to punish and to make an example of the offending party

3. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Reasonable Person Test
Passing off
Pleadings - discoveries - pretrial and or mediation - trial - appeals

4. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Reasonable Person Test
Constitution
The kinds of misrepresentation
Quantum merits

5. 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.
Quantum meruit
Non delegable duty
Discoveries Stage
Fiduciary Duty

6. Use of another company's business name or logo without permission.
Equity financing - debt financing - sale of assets
The owner
Mens rea
Trademark infringement

7. Regulation - deterrence - compensation - dispute resolution - education and prevention
Bona fide occupational requirement
6 primary purposes of tort law
Non delegable duty
Summary conviction - Indictable - Hybrid

8. A promise for an action
Unilateral Contract
Res ipsa loquitar
98%
Salmonella

9. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Res ipsa loquitar
Negligence Per se
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Uttering

10. Minimum amount of hours needed to be eligible for EI benefits.
Power of attorney
420 to 700 hours depending on the regional unemployment rate
Floating charge
Common - mutual and unilateral.

11. What is the maximum weekly EI benefit?

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12. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Summary conviction - indictable - and hybrid
Section 33 of the Charter
Theft of services

13. A restriction placed on some aspect of land use.
Restrictive covenant
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Factoring
Power of Attorney

14. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Non delegable duty
Legal realism
Power of Attorney
Fiduciary Duty

15. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Agent
The 4 principles of Equal Pay legislation
4 items that should be included in the job description
The items that should be included in a job description

16. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Passing off
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.
Acts of God - acts of a public enemy - guests' own negligence

17. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Injurious Falsehood
Landlord-tenant
Players in the legal system
Slander and Libel

18. Favoritism granted to relatives or friends regardless of merit
Negligence
Quantum merits
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.
Nepotism

19. What are the 3 ways employment can be terminated?
Unconscionable transactions
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Summary conviction - indictable - and hybrid
The owner

20. Food Poisoning from chicken
Salmonella
The 4 principles of Equal Pay legislation
Instances under which an offer lapses
Private law

21. Spoken and written defamation
Slander and Libel
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General damages
Lie flat to distribute the force of the impact

22. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Parol Evidence Rule
Intentional torts
Sunset Clause
Repudiation - sabotage - failure to perform

23. Notices of statutory provisions limiting liability be posted where?
Duty to mitigate
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The items that should be included in a job description
1) in the office - 2) every guestroom - and 3) public rooms (area).

24. Allows a legislation to override the Charter
Fiduciary Duty
Types of contracts which must be in writing
Floating charge
Section 33 of the Charter

25. Law based on moral - religious or philosophical grounds
Negligent Misrepresentation
Natural Law
Actus reus
Independent contractors - employees

26. Latin term for within or on the premises of the inn (extension of the inn).
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Group termination
Ultra vires
Infra hospitium

27. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
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
Consideration

28. 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
420 to 700 hours depending on the regional unemployment rate
Absolute liability
The 4 principles of Equal Pay legislation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

29. Guilty mind.
Mens rea
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Players in the legal system
Repudiation - Sabotage - Failure to perform

30. A duty that cannot be given to someone else
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non delegable duty
Types of contracts which must be in writing
Proximate cause of the injury

31. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Negligence Per se
Independent contractors - employees
Infra hospitium
Equitable estoppal

32. When 50 or more employees are laid off within 2 months.
Option
Exemplary damages
Group termination
98%

33. Discrimination that is actually encouraged in our society
420 to 700 hours depending on the regional unemployment rate
Merit
Reiver
51% or 52%

34. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Legal realism
Easement
Neighbour principle

35. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
51% or 52%
Stare decisis
Unconscionable transactions

36. 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
Passing off
Positive Law
Four purpose of sentencing
Good Samaritan Legislation

37. Damages imposed to make an example of the wrongdoer
General damages
Shareholders - board of directors - statutory officers - employees - and creditors
Exemplary damages
Common - mutual and unilateral.

38. 3 types of offenses in a criminal procedure
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
Substantive Law
Theft of services
Summary conviction - Indictable - Hybrid

39. Latin for 'the thing speaks for itself'
Consideration
Res ipsa loquitar
Summary conviction (minor) - indictable (serious) - hybrid
6 primary purposes of tort law

40. What are the 3 types of bailment?
Constitution
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Personal and real

41. Governor general and lieutenant governors
Royal prerogatives
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Passing off

42. Political - religious beliefs - and affiliations
Surcharge
Restrictive covenant
Nepotism
Creed

43. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Exemplary damages
Types of contracts which must be in writing
General damages

44. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Absolute liability
To 'perfect' a lien
E. Coli

45. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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46. List the 3 subtle signs of intoxication.
Easement
Non est factum
Financial disloyalty - falsified qualifications - gross and continuing incompetence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

47. A plaintiff is partly or solely the cause of his or her own injury
Option
Discoveries Stage
98%
Contributory negligence

48. When two or more suppliers conspire to set prices.
Price fixing
Intentional - Unintentional
Exemplary damages
Personal and real

49. What would a careful - thoughtful person in the same circumstances have done
The 2 classes of servants
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Criminal - Family - Youth - Small claims court
Reasonable Person Test

50. Division of Lower Provincial Courts
Legal realism
Criminal - Family - Youth - Small claims court
The items that should be included in a job description
Bona fide occupational requirement