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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. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
$413 or 55% of the claimant's average insured earnings (whichever is less)
Positive Law
Sunset Clause
Disclaimer

2. Once a contract is written - it cannot be changed without consent of both parties.
Reiver
The parol evidence rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Infra hospitium

3. When 50 or more employees are laid off within 2 months.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty
Amortization
Group termination

4. 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.
Actus reus
Noncompetition/nonsolicitation clauses
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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

5. The period of time required to pay off the principal completely at a set interest rate.
Sunset Clause
Amortization
420 to 700 hours depending on the regional unemployment rate
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

6. An agreement by an offeror to leave an offer open for a specified period of time
$413 or 55% of the claimant's average insured earnings (whichever is less)
Independent contractors - employees
Option
Disclaimer

7. what are the four purposes of sentencing?
Amortization
Specific deterrence - general deterrence - rehabilitation - protection of the public
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

8. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Arraignment
The items that should be included in a job description
Personal and real

9. What are the three kinds of misrepresentation?
Section 33 of the Charter
Summary conviction (minor) - indictable (serious) - hybrid
Repudiation - sabotage - failure to perform
Innocent - negligent - fraudulent

10. The amount he merits
Consideration
Duty to mitigate
Quantum merits
Passing off

11. Innocent - negligent and fraudulent
Surcharge
Substantive Law
Bona fide occupational requirement
The kinds of misrepresentation

12. 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
Sole proprietorship - partnership - and corporations
Reiver
Unconscionable transactions
Good Samaritan Legislation

13. Circumstances in which the authorities do not need a warrant to search your premises
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Invitation to treat
Defenses to intentional Torts

14. Law based on moral - religious or philosophical grounds
Fiduciary Duty
Reiver
Natural Law
The items that should be included in a job description

15. 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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General - Punitive - Exemplary
Power of attorney
Repudiation - sabotage - failure to perform

16. Alcohol misuse under the Liquor License Act
Personal and real
Contributory negligence
Positive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

17. The plaintiff has been injured upon the result of his own negligence
Option
Consideration
Contributory Negligence
Stare decisis

18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Thin Skull Rule
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Boarding house - a rooming house - homes for seniors - and time-share arrangements

19. Under contract law - list the three types of mistake the law recognizes.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Types of contracts which must be in writing
To 'perfect' a lien
Common - mutual and unilateral.

20. 'Reasonable worth of the good'
Quantum meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Restrictive covenant

21. 'It stands decided'
Negligence
Stare decisis
Vicarious liability
Equitable estoppel

22. Independent contractors and employees.
Damages that are imposed to punish and to make an example of the offending party
The 2 classes of servants
Passing off
Merit

23. Types of Damages
General - Punitive - Exemplary
Price fixing
E. Coli
Fiduciary Duty

24. 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
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The 4 principles of Equal Pay legislation
Substantive Law
John Humphrey

25. This relationship exists when one person has the power to affect another person's property or legal interests
Sole proprietorship - partnership - and corporations
Repudiation - sabotage - failure to perform
Prima facie
Fiduciary Duty

26. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Intentional - Unintentional
Specific deterrence - general deterrence - rehabilitation - protection of the public
To 'perfect' a lien

27. Three types of offences
Floating charge
Summary conviction - indictable - and hybrid
The 2 classes of servants
Express deposit

28. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Trademark infringement
The items that should be included in a job description
'The thing speaks for itself'

29. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defenses to intentional Torts
To 'perfect' a lien
Defamation
$413 or 55% of the claimant's average insured earnings (whichever is less)

30. A right to use another's land for a specific purpose.
Easement
Summary conviction - indictable - and hybrid
Quantum meruit
Gratuitous bailment

31. Spoken and written defamation
Slander and Libel
Arraignment
Power of attorney
Absolute liability

32. What are the five stages of a civil action?
Discoveries Stage
Absolute liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Pleadings - discoveries - pretrial and or mediation - trial - appeals

33. Latin for guilty act and guilty mind
Sole proprietorship - partnership - and corporations
Actus reus and Mens rea
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Habeas corpus

34. An advertisement is an example of this... lets people know that you are ready to accept offers
Actus reus
Damages that are imposed to punish and to make an example of the offending party
Invitation to treat
Mens rea

35. Notices of statutory provisions limiting liability be posted where?
Habeas corpus
Invitation to treat
Gratuitous bailment
1) in the office - 2) every guestroom - and 3) public rooms (area).

36. Within the walls of the inn
1) in the office - 2) every guestroom - and 3) public rooms (area).
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Infra hospitium
Ultra vires

37. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Quantum merits
Landlord-tenant

38. 3 types of offenses in a criminal procedure
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Summary conviction - Indictable - Hybrid
Mens rea
Equitable estoppal

39. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
By Performance - By Agreement - By Frustration - By Operation of law
Salmonella
Gratuitous Promise

40. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Infra hospitium
Passing off
Equitable estoppel
Uttering

41. 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
Passing off
Open and notorious - unchallenged - exclusive - continuous
Thin Skull Rule

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

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43. It is not my deed
Unconscionable transactions
Noncompetition/nonsolicitation clauses
Non est factum
Landlord-tenant

44. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Municipal government
Repudiation - sabotage - failure to perform
Unilateral Contract

45. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Negligence Per se
Fiduciary Duty
Invitation to treat

46. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Positive law
Gratuitous Promise
Reasons a contract may be impeached
Express deposit

47. Guilty act in Latin.
Royal prerogatives
98%
Actus reus
Open and notorious - unchallenged - exclusive - continuous

48. 5 reasons for evicting a guest.
Players in the legal system
The parol evidence rule
Lie flat to distribute the force of the impact
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.

49. A plaintiff is partly or solely the cause of his or her own injury.
Sole proprietorship - partnership - and corporations
Positive Law
Salmonella
Contributory negligence

50. Who owns mislaid property?
Repudiation - sabotage - failure to perform
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The owner
Actus reus and Mens rea