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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 four purposes of sentencing?
Theft of services
Specific deterrence - general deterrence - rehabilitation - protection of the public
Actus reus
Mens rea

2. 'It stands decided'
Stare decisis
Creed
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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

3. A duty that cannot be given to someone else
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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
John Humphrey
Non delegable duty

4. What are the 3 ways employment can be terminated?
Natural Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
6 primary purposes of tort law

5. 3 types of business structures.
Bona fide occupational requirement
Sole proprietorship - partnership - and corporations
Negligence
Restrictive covenant

6. A symbol - word - name or device used to identify or signify a company or its product.
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.
Trade mark
Independent contractors - employees
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

7. Once a contract is written - it cannot be changed without the consent of both parties
98%
Res ipsa loquitar
E. Coli
Parol Evidence Rule

8. What are three ways a contract is breached
Equitable estoppal
Repudiation - Sabotage - Failure to perform
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Express deposit

9. Who owns mislaid property?
The owner
Vicarious Liability
Thin Skull Rule
Creed

10. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Non delegable duty
Equitable estoppal
Habeas corpus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

11. Under contract law - list the three types of mistake the law recognizes.
Power of Attorney
Common - mutual and unilateral.
Group termination
Intentional - Unintentional

12. Minimum amount of hours needed to be eligible for EI benefits.
Disclaimer
Consideration
$413 or 55% of the claimant's average insured earnings (whichever is less)
420 to 700 hours depending on the regional unemployment rate

13. What are the 5 tiers of the corporate structure.
Summary conviction (minor) - indictable (serious) - hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Shareholders - board of directors - statutory officers - employees - and creditors
Defamation

14. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Neighbour principle
The owner
Good Samaritan Legislation

15. What would a careful - thoughtful person in the same circumstances have done
Personal and real
Independent contractors - employees
Reasonable Person Test
Passing off

16. Law based on moral - religious or philosophical grounds
Slander and Libel
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Common - mutual and unilateral.
Natural Law

17. Balance of probability needed to win a civil case
Municipal government
Duty to mitigate
51% or 52%
Option

18. When two or more suppliers conspire to set prices.
Price fixing
Summary conviction - indictable - and hybrid
Instances under which an offer lapses
Independent contractors - employees

19. How contracts can be discharged
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
By Performance - By Agreement - By Frustration - By Operation of law
Defenses to intentional Torts
Invitation to treat

20. The most difficult element of negligence to prove
Gratuitous bailment
Positive Law
Disclaimer
Proximate cause of the injury

21. 'Reasonable worth of the good'
Quantum meruit
Vicarious Liability
Acts of God - acts of a public enemy - guests' own negligence
Prima facie

22. A promise for an action
Reasonable Person Test
Restrictive covenant
Unilateral Contract
Invitation to treat

23. Types of Damages
98%
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General - Punitive - Exemplary

24. Guilty act in Latin.
Actus reus
Agent
Contributory negligence
Salmonella

25. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Common - mutual and unilateral.
Theft of services
Repudiation - sabotage - failure to perform

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Infra hospitium
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exceptions to the privity of contract rule

27. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Breach of contract
Unconscionable transactions
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

28. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Negligence Per se
Res ipsa loquitar
The items that should be included in a job description

29. This person acts on behalf of the principal
Disclaimer
Prima facie
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Agent

30. Use of another company's business name or logo without permission.
Trademark infringement
Habeas corpus
The owner
The items that should be included in a job description

31. Governor general and lieutenant governors
Quantum meruit
Royal prerogatives
Food and Drugs Act
Constitution

32. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Easement
Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Food and Drugs Act

33. Damages imposed to make an example of the wrongdoer
Creed
Consideration
Shareholders - board of directors - statutory officers - employees - and creditors
Exemplary damages

34. Author of the 1948 Universal Declaration of Human Rights
1) in the office - 2) every guestroom - and 3) public rooms (area).
Breach of contract
John Humphrey
Summary conviction (minor) - indictable (serious) - hybrid

35. 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.
Fiduciary Duty
Repudiation - sabotage - failure to perform
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

36. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Legal realism
'The thing speaks for itself'
Quantum merits

37. Food Poisoning from chicken
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Salmonella
Independent contractors - employees
Express deposit

38. What is the maximum weekly EI benefit?

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39. 'To have the body'
Stare decisis
Habeas corpus
Infra hospitium
Consideration

40. List the 3 subtle signs of intoxication.
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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Sunset Clause

41. When 50 or more employees are laid off within 2 months.
Intentional - Unintentional
Group termination
Sole proprietorship - partnership - and corporations
Open and notorious - unchallenged - exclusive - continuous

42. 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
Passing off
Summary conviction - indictable - and hybrid
Passing off

43. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Theft of services

44. Law created by a person or body with authority to enact and enforce it
Non delegable duty
Positive Law
Types of contracts which must be in writing
Four purpose of sentencing

45. Three types of offences
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction - indictable - and hybrid
51% or 52%
Open and notorious - unchallenged - exclusive - continuous

46. An agreement by an offeror to leave an offer open for a specified period of time.
The parol evidence rule
Section 33 of the Charter
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Option

47. 3 types of offenses in a criminal procedure
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Substantive Law
Summary conviction - Indictable - Hybrid

48. 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
Sunset Clause
Acts of God - acts of a public enemy - guests' own negligence
The 4 principles of Equal Pay legislation
Price fixing

49. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Intentional - Unintentional
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

50. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
The 4 principles of Equal Pay legislation
Intentional - Unintentional
Trademark infringement