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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. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
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.
Contributory negligence
Positive law
Equitable estoppal

2. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government

3. The amount he merits
Quantum merits
Positive Law
Negligence
Royal prerogatives

4. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Open and notorious - unchallenged - exclusive - continuous
Vicarious Liability
Absolute liability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

5. You shall have the body
Habeas corpus
Equity financing - debt financing - sale of assets
Infra hospitium
Theft of services

6. 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?
Noncompetition/nonsolicitation clauses
Price fixing
Shareholders - board of directors - statutory officers - employees - and creditors
Breach of contract

7. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Uttering
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Duty to mitigate
Infra hospitium

8. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Contributory negligence
Duty to mitigate
Contributory negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

9. What are the two types of property?
Personal and real
The items that should be included in a job description
Contributory negligence
Consideration

10. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Breach of contract
98%
Floating charge
The 4 principles of Equal Pay legislation

11. When 50 or more employees are laid off within 2 months.
Group termination
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Section 33 of the Charter
Boarding house - a rooming house - homes for seniors - and time-share arrangements

12. Guilty act in Latin.
Injurious Falsehood
'The thing speaks for itself'
Intentional - Unintentional
Actus reus

13. Another word for 'reafian'?
Reiver
Shareholders - board of directors - statutory officers - employees - and creditors
Absolute liability
By Performance - By Agreement - By Frustration - By Operation of law

14. Three types of offences
Vicarious liability
Disclaimer
Summary conviction - indictable - and hybrid
Negligent Misrepresentation

15. Surviving a falling elevator
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Lie flat to distribute the force of the impact
Slander and Libel

16. When two or more suppliers conspire to set prices.
Invitation to treat
Agent
Price fixing
John Humphrey

17. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
The kinds of misrepresentation
Floating charge
The parol evidence rule
Unconscionable transactions

18. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Duty to mitigate
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 (minor) - indictable (serious) - hybrid
Ultra vires

19. Who owns mislaid property?
Uttering
The owner
Actus reus and Mens rea
Good Samaritan Legislation

20. Someone who certifies documents - but does not draft documents
Quantum merits
Absolute liability
Notary
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

21. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non est factum
Natural Law
Fiduciary Duty

22. Fundamental freedoms in Section 2 of the Charter
Duty to mitigate
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 torts
$413 or 55% of the claimant's average insured earnings (whichever is less)

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Gratuitous Promise
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Non est factum

24. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Consideration
Defenses to intentional Torts
Bona fide occupational requirement
Express deposit

25. List the 4 conditions of adverse possession. (squatter's rights)
John Humphrey
Repudiation - Sabotage - Failure to perform
Open and notorious - unchallenged - exclusive - continuous
Pleadings - discoveries - pretrial and or mediation - trial - appeals

26. An advertisement is an example of this... lets people know that you are ready to accept offers
Four purpose of sentencing
Land - buildings - fixtures
Invitation to treat
John Humphrey

27. Which of the following rights does the Charter guarantee only to citizens of Canada
Specific deterrence - general deterrence - rehabilitation - protection of the public
Negligence Per se
Democratic rights to vote or run for election
Defamation

28. 2 classes of servants.
Independent contractors - employees
Reasons a contract may be impeached
Merit
1) in the office - 2) every guestroom - and 3) public rooms (area).

29. Once a contract is written - it cannot be changed without consent of both parties.
6 primary purposes of tort law
The parol evidence rule
Good Samaritan Legislation
Equitable estoppal

30. List remedies one would expect when a contract is breached
Democratic rights to vote or run for election
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Food and Drugs Act
6 primary purposes of tort law

31. Governor general and lieutenant governors
Non delegable duty
Gratuitous Promise
Reiver
Royal prerogatives

32. Latin for 'the thing speaks for itself'
Discoveries Stage
Power of Attorney
Res ipsa loquitar
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

33. Spoken and written defamation
Factoring
Four purpose of sentencing
The parol evidence rule
Slander and Libel

34. Political - religious beliefs - and affiliations
Creed
Non est factum
John Humphrey
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

35. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Fiduciary Duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Food and Drugs Act
1) in the office - 2) every guestroom - and 3) public rooms (area).

36. What must be established to substantiate a claim for bailment?
Actus reus and Mens rea
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform
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

37. What does BFOR stand for?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Bona fide occupational requirement
Consideration
Reasonable Person Test

38. The exchange of benefits; the price a party pays for the promise
Proximate cause of the injury
The owner
Quantum merits
Consideration

39. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Defamation
Discoveries Stage
Res ipsa loquitar

40. Res ipsa loquitur

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41. List 5/6 items employers can expect from their employees
Positive Law
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Arraignment

42. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
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 torts
Innocent - negligent - fraudulent
Financial disloyalty - falsified qualifications - gross and continuing incompetence

43. Most difficult element of negligence to prove
Equitable estoppel
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Parol Evidence Rule
Factoring

44. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Price fixing
'The thing speaks for itself'
Neighbour principle

45. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Reasonable Person Test
Thin Skull Rule
6 primary purposes of tort law

46. Food Poisoning from chicken
Exceptions to the privity of contract rule
Restrictive covenant
Salmonella
1) in the office - 2) every guestroom - and 3) public rooms (area).

47. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Damages that are imposed to punish and to make an example of the offending party
Vicarious liability
4 items that should be included in the job description
Agent

48. In a criminal procedure list the 3 types of offenses
Theft of services
Landlord-tenant
Non est factum
Summary conviction (minor) - indictable (serious) - hybrid

49. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Contributory negligence
Stare decisis
Thin Skull Rule
Uttering

50. Circumstances in which the authorities do not need a warrant to search your premises
Royal prerogatives
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Ultra vires
Arraignment