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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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
John Humphrey
Reiver
Option

2. Latin term for 'It is not my deed
Four purpose of sentencing
Food and Drugs Act
Non est factum
Private law

3. A promise for an action
John Humphrey
Exemplary damages
Unilateral Contract
Intentional - Unintentional

4. Notices of statutory provisions limiting liability be posted where?
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Intentional - Unintentional

5. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Intentional torts
Food and Drugs Act
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

6. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Lie flat to distribute the force of the impact
Negligence
98%

7. Promises made without consideration
Nepotism
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).
Gratuitous Promise

8. Minimum amount of hours needed to be eligible for EI benefits.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Actus reus and Mens rea
Non delegable duty
420 to 700 hours depending on the regional unemployment rate

9. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Intentional - Unintentional
Trademark infringement

10. Once a contract is written - it cannot be changed without consent of both parties.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Amortization
The parol evidence rule
Non delegable duty

11. 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
Power of attorney
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Equitable estoppal
The owner

12. Three types of offences
Summary conviction - indictable - and hybrid
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Amortization
To 'perfect' a lien

13. The amount he merits
Passing off
The 2 classes of servants
Defamation
Quantum merits

14. 2 classes of servants.
Independent contractors - employees
Summary conviction - indictable - and hybrid
Absolute liability
Private law

15. What are some of the conditions for rightful dismissal?
Sole proprietorship - partnership - and corporations
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
By Performance - By Agreement - By Frustration - By Operation of law
Financial disloyalty - falsified qualifications - gross and continuing incompetence

16. A person who becomes ill but did not pay for the meal can sue the establishment
Good Samaritan Legislation
Shareholders - board of directors - statutory officers - employees - and creditors
The 4 principles of Equal Pay legislation
Neighbour principle

17. What does BFOR stand for?
Contributory negligence
Trademark infringement
Acts of God - acts of a public enemy - guests' own negligence
Bona fide occupational requirement

18. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Instances under which an offer lapses
98%
Creed
Duty to mitigate

19. Latin term for within or on the premises of the inn (extension of the inn).
Four purpose of sentencing
Consideration
Sole proprietorship - partnership - and corporations
Infra hospitium

20. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Contributory negligence
Breach of contract
Positive Law

21. 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
Negligent Misrepresentation
420 to 700 hours depending on the regional unemployment rate
Neighbour principle
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

22. 5 reasons for evicting a guest.
Floating charge
1) the employee was clearly instructed not to serve a patron - 2) the server ignored the instructions out of friendship or infatuation - and 3) the server did not charge the patron for the drinks.
Negligence Per se
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.

23. Circumstances in which the authorities do not need a warrant to search your premises
Reiver
Proximate cause of the injury
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
$413 or 55% of the claimant's average insured earnings (whichever is less)

24. The plaintiff has been injured upon the result of his own negligence
Power of Attorney
Contributory Negligence
The owner
Prima facie

25. The most difficult element of negligence to prove
Non est factum
Absolute liability
Proximate cause of the injury
Amortization

26. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Merit
Trademark infringement
Floating charge
Land - buildings - fixtures

27. Author of the Universal Declaration of Human Rights in 1948?
Breach of contract
John Humphrey
Defamation
Municipal government

28. Laws duly enacted by a person or body having the authority to enact and enforce them.
Merit
Positive law
Trademark infringement
Acts of God - acts of a public enemy - guests' own negligence

29. list 4 elements of bailment
Infra hospitium
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
E. Coli
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

30. The exchange of benefits; the price a party pays for the promise
To 'perfect' a lien
Consideration
Defenses to intentional Torts
Discoveries Stage

31. Food Poisoning from chicken
Intentional - Unintentional
Instances under which an offer lapses
Salmonella
Consideration

32. Stages of a civil action
Prima facie
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Negligence
Power of Attorney

33. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
The kinds of misrepresentation
Reasons a contract may be impeached
Good Samaritan Legislation

34. This person acts on behalf of the principal
1) in the office - 2) every guestroom - and 3) public rooms (area).
Exceptions to the privity of contract rule
Agent
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

35. Who owns mislaid property?
The owner
Quantum merits
Neighbour principle
Equity financing - debt financing - sale of assets

36. Favoritism granted to relatives or friends regardless of merit
Non delegable duty
Option
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Nepotism

37. 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
Personal and real
Constitution
Shareholders - board of directors - statutory officers - employees - and creditors

38. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Vicarious Liability
Absolute liability
Democratic rights to vote or run for election

39. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Infra hospitium
Constitution
Passing off
'The thing speaks for itself'

40. Amount added on to a usual charge for a specific product - purpose - or service.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Proximate cause of the injury
Neighbour principle
Surcharge

41. Once a contract is written - it cannot be changed without the consent of both parties
4 items that should be included in the job description
Parol Evidence Rule
Non delegable duty
Group termination

42. How can an employer escape alcohol misuse liability?
Sunset Clause
1) the employee was clearly instructed not to serve a patron - 2) the server ignored the instructions out of friendship or infatuation - and 3) the server did not charge the patron for the drinks.
Contributory Negligence
Royal prerogatives

43. What are exemplary damages?
Positive Law
Equitable estoppel
Consideration
Damages that are imposed to punish and to make an example of the offending party

44. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Negligence Per se
6 primary purposes of tort law
Independent contractors - employees

45. List the 4 conditions of adverse possession. (squatter's rights)
Specific deterrence - general deterrence - rehabilitation - protection of the public
Res ipsa loquitar
Open and notorious - unchallenged - exclusive - continuous
Food and Drugs Act

46. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Group termination
Actus reus
Express deposit

47. Most difficult element of negligence to prove
Fiduciary Duty
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Land - buildings - fixtures
Defenses to intentional Torts

48. Independent contractors and employees.
Consideration
Damages that are imposed to punish and to make an example of the offending party
Sole proprietorship - partnership - and corporations
The 2 classes of servants

49. List the 3 subtle signs of intoxication.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Four purpose of sentencing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

50. What are the 3 ways employment can be terminated?
Legal realism
98%
Reasons a contract may be impeached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.