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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. An agreement by an offeror to leave an offer open for a specified period of time.
Constitution
4 items that should be included in the job description
Positive Law
Option

2. Types of Damages
Option
Boarding house - a rooming house - homes for seniors - and time-share arrangements
General - Punitive - Exemplary
Sunset Clause

3. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Agent
Instances under which an offer lapses
Floating charge
Nepotism

4. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Gratuitous Promise
Negligence
Injurious Falsehood
Noncompetition/nonsolicitation clauses

5. What does BFOR stand for?
Bona fide occupational requirement
Vicarious Liability
Trademark infringement
Neighbour principle

6. 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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Res ipsa loquitar
Noncompetition/nonsolicitation clauses
Positive Law

7. Someone who certifies documents - but does not draft documents
Amortization
Notary
Consideration
Merit

8. The level of government in charge of bylaws
Municipal government
Reasons a contract may be impeached
Breach of contract
420 to 700 hours depending on the regional unemployment rate

9. Independent contractors and employees.
The 2 classes of servants
Independent contractors - employees
Habeas corpus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

10. A restriction placed on some aspect of land use.
Restrictive covenant
Reasonable Person Test
Trade mark
Damages that are imposed to punish and to make an example of the offending party

11. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Duty to mitigate
Reiver
Intentional torts

12. Food poisoning from hamburger
Price fixing
E. Coli
Mens rea
Exemplary damages

13. Division of Lower Provincial Courts
Unconscionable transactions
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
Criminal - Family - Youth - Small claims court

14. A right to use another's land for a specific purpose.
Non delegable duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Easement
Private law

15. Food Poisoning from chicken
Contributory negligence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Salmonella
Creed

16. Latin for 'the thing speaks for itself'
The owner
Repudiation - Sabotage - Failure to perform
Res ipsa loquitar
Negligent Misrepresentation

17. The most difficult element of negligence to prove
Express deposit
Stare decisis
Proximate cause of the injury
'The thing speaks for itself'

18. Use of another company's business name or logo without permission.
To 'perfect' a lien
Repudiation - Sabotage - Failure to perform
Trademark infringement
Reiver

19. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Power of attorney
Duty to mitigate
Summary conviction - indictable - and hybrid
Actus reus

20. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Democratic rights to vote or run for election
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

21. You shall have the body
Contributory negligence
Habeas corpus
John Humphrey
Floating charge

22. Author of the 1948 Universal Declaration of Human Rights
Duty to mitigate
John Humphrey
Sunset Clause
6 primary purposes of tort law

23. Minimum amount of hours needed to be eligible for EI benefits.
Food and Drugs Act
Specific deterrence - general deterrence - rehabilitation - protection of the public
420 to 700 hours depending on the regional unemployment rate
By Performance - By Agreement - By Frustration - By Operation of law

24. Law created by a person or body with authority to enact and enforce it
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Independent contractors - employees
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
Positive Law

25. This person acts on behalf of the principal
Good Samaritan Legislation
Agent
Royal prerogatives
Criminal - Family - Youth - Small claims court

26. What are the 3 ways employment can be terminated?
Consideration
Substantive Law
Acts of God - acts of a public enemy - guests' own negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

27. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Instances under which an offer lapses
Exceptions to the privity of contract rule
Notary

28. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Passing off
Landlord-tenant
Damages that are imposed to punish and to make an example of the offending party
Equitable estoppal

29. 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?
Habeas corpus
Equitable estoppel
John Humphrey
Breach of contract

30. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Parol Evidence Rule
Reiver
Reasonable Person Test
Exceptions to the privity of contract rule

31. The exchange of benefits; the price a party pays for the promise
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
6 primary purposes of tort law
Consideration
Negligent Misrepresentation

32. Damages are awarded to compensate the injured party
General damages
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Breach of contract
420 to 700 hours depending on the regional unemployment rate

33. What are the 5 tiers of the corporate structure.
Proximate cause of the injury
Shareholders - board of directors - statutory officers - employees - and creditors
Actus reus
John Humphrey

34. When two or more suppliers conspire to set prices.
By Performance - By Agreement - By Frustration - By Operation of law
Natural Law
Land - buildings - fixtures
Price fixing

35. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Criminal - Family - Youth - Small claims court
Surcharge
Intentional - Unintentional

36. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Agent
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Equitable estoppel
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

37. 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
Defamation
Defenses to intentional Torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

38. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Non est factum
Summary conviction (minor) - indictable (serious) - hybrid

39. What are three ways a contract is breached?
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.
Notary
Repudiation - sabotage - failure to perform
Express deposit

40. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Municipal government
General damages
Sole proprietorship - partnership - and corporations
Constitution

41. Discrimination that is actually encouraged in our society
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Non delegable duty
Landlord-tenant
Merit

42. Within the walls of the inn
The owner
Infra hospitium
Four purpose of sentencing
Discoveries Stage

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
420 to 700 hours depending on the regional unemployment rate
51% or 52%
Passing off
Thin Skull Rule

44. Conditions for rightful dismissal.
Breach of contract
Shareholders - board of directors - statutory officers - employees - and creditors
By Performance - By Agreement - By Frustration - By Operation of law
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

45. Another word for 'reafian'?
Passing off
420 to 700 hours depending on the regional unemployment rate
Personal and real
Reiver

46. First stage in a criminal court procedure
Food and Drugs Act
Arraignment
Equitable estoppel
6 primary purposes of tort law

47. A duty that cannot be given to someone else
Non delegable duty
Exceptions to the privity of contract rule
Negligent Misrepresentation
Section 33 of the Charter

48. Division of law that defines rights and remedies
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
Common - mutual and unilateral.
Substantive Law
Notary

49. Three types of intangibles
Damages that are imposed to punish and to make an example of the offending party
$413 or 55% of the claimant's average insured earnings (whichever is less)
General damages
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

50. Accommodations that are not considered 'inns'.
The 4 principles of Equal Pay legislation
Contributory negligence
Creed
Boarding house - a rooming house - homes for seniors - and time-share arrangements