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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. First stage in a criminal court procedure
Gratuitous bailment
Parol Evidence Rule
Players in the legal system
Arraignment

2. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Repudiation - Sabotage - Failure to perform
Factoring
Negligent Misrepresentation

3. Beyond a reasonable doubt is what probability
Gratuitous Promise
Unconscionable transactions
98%
The items that should be included in a job description

4. What does real property include?
Land - buildings - fixtures
98%
Parol Evidence Rule
Reasons a contract may be impeached

5. Damages imposed to make an example of the wrongdoer
Exemplary damages
Fiduciary Duty
Trademark infringement
The items that should be included in a job description

6. Laws duly enacted by a person or body having the authority to enact and enforce them.
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional torts
Positive law

7. What are the 3 ways employment can be terminated?
Summary conviction - Indictable - Hybrid
Types of contracts which must be in writing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Noncompetition/nonsolicitation clauses

8. When the police do not need a warrant to search your residence and/or business?
Consideration
Equity financing - debt financing - sale of assets
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Defenses to intentional Torts

9. 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.
Sunset Clause
John Humphrey
Summary conviction - Indictable - Hybrid

10. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Municipal government
Theft of services
Natural Law

11. In a criminal procedure list the 3 types of offenses
Arraignment
Nepotism
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Summary conviction (minor) - indictable (serious) - hybrid

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

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

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14. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Option
Exceptions to the privity of contract rule
Noncompetition/nonsolicitation clauses
'The thing speaks for itself'

15. Food Poisoning from chicken
Negligence Per se
Repudiation - sabotage - failure to perform
Salmonella
Innocent - negligent - fraudulent

16. Another word for 'reafian'?
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.
Reiver
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Municipal government

17. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
6 primary purposes of tort law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Ultra vires

18. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Noncompetition/nonsolicitation clauses
Arraignment
420 to 700 hours depending on the regional unemployment rate

19. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Duty to mitigate
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
Gratuitous bailment

20. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Exemplary damages
Notary
Actus reus

21. Most difficult element of negligence to prove
Summary conviction (minor) - indictable (serious) - hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
E. Coli
Non est factum

22. Political - religious beliefs - and affiliations
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Creed
Defamation
Amortization

23. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Negligent Misrepresentation
Instances under which an offer lapses
The 4 principles of Equal Pay legislation

24. Latin term for within or on the premises of the inn (extension of the inn).
Sole proprietorship - partnership - and corporations
Equitable estoppel
Consideration
Infra hospitium

25. Minimum amount of hours needed to be eligible for EI benefits.
Common - mutual and unilateral.
420 to 700 hours depending on the regional unemployment rate
Lie flat to distribute the force of the impact
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

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

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27. Guilty act in Latin.
Democratic rights to vote or run for election
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Actus reus
Common - mutual and unilateral.

28. Damages are awarded to compensate the injured party
John Humphrey
Defamation
General damages
Democratic rights to vote or run for election

29. Latin for guilty act and guilty mind
Actus reus and Mens rea
Option
6 primary purposes of tort law
Intentional torts

30. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Merit
Absolute liability
Consideration
Duty to mitigate

31. A right to use another's land for a specific purpose.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Acts of God - acts of a public enemy - guests' own negligence
Easement
Non est factum

32. Res ipsa loquitur

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33. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Land - buildings - fixtures
Breach of contract
Parol Evidence Rule
Fiduciary Duty

34. When the public is misled into believing that one company's goods or services are those a similar brand or product
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off
Boarding house - a rooming house - homes for seniors - and time-share arrangements

35. 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.
Noncompetition/nonsolicitation clauses
Unilateral Contract
Amortization
Express deposit

36. Author of the Universal Declaration of Human Rights in 1948?
Option
98%
John Humphrey
To 'perfect' a lien

37. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Consideration
Exemplary damages
Negligent Misrepresentation

38. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Habeas corpus
Players in the legal system
Gratuitous bailment

39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Contributory negligence
Types of contracts which must be in writing
Factoring

40. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Quantum merits
Agent
Express deposit
Reasonable Person Test

41. You shall have the body
Lie flat to distribute the force of the impact
Sole proprietorship - partnership - and corporations
Quantum merits
Habeas corpus

42. 'It stands decided'
Substantive Law
Duty to mitigate
Stare decisis
1) in the office - 2) every guestroom - and 3) public rooms (area).

43. When 50 or more employees are laid off within 2 months.
Group termination
Sole proprietorship - partnership - and corporations
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

44. Legislators - judges - jurors - lawyers - clients and police
Merit
Contributory negligence
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Players in the legal system

45. This relationship exists when one person has the power to affect another person's property or legal interests
Factoring
The 2 classes of servants
By Performance - By Agreement - By Frustration - By Operation of law
Fiduciary Duty

46. What are the three kinds of misrepresentation?
Infra hospitium
Innocent - negligent - fraudulent
Disclaimer
By Performance - By Agreement - By Frustration - By Operation of law

47. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Actus reus
Players in the legal system
Non delegable duty

48. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Non est factum
Thin Skull Rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

49. Circumstances in which the authorities do not need a warrant to search your premises
Lie flat to distribute the force of the impact
Slander and Libel
Negligence Per se
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

50. When two or more suppliers conspire to set prices.
Price fixing
Personal and real
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.