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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. Types of Damages
Non est factum
Independent contractors - employees
General - Punitive - Exemplary
John Humphrey

2. Regulation - deterrence - compensation - dispute resolution - education and prevention
Non est factum
6 primary purposes of tort law
Lie flat to distribute the force of the impact
Fiduciary Duty

3. 5 reasons for evicting a guest.
The parol evidence rule
Fiduciary Duty
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.
Four purpose of sentencing

4. 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
Breach of contract
Negligent Misrepresentation
Passing off
Reasons a contract may be impeached

5. Stages of a civil action
Easement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Quantum meruit
Surcharge

6. Damages are awarded to compensate the injured party
General - Punitive - Exemplary
Non est factum
The parol evidence rule
General damages

7. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Proximate cause of the injury
Summary conviction (minor) - indictable (serious) - hybrid
Passing off
Shareholders - board of directors - statutory officers - employees - and creditors

8. Minimum amount of hours needed to be eligible for EI benefits.
Mens rea
420 to 700 hours depending on the regional unemployment rate
Noncompetition/nonsolicitation clauses
Trade mark

9. 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.
Criminal - Family - Youth - Small claims court
Breach of contract
Fiduciary Duty
Four purpose of sentencing

10. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Summary conviction - indictable - and hybrid
Uttering
Non est factum
Defenses to intentional Torts

11. Most difficult element of negligence to prove
Noncompetition/nonsolicitation clauses
Substantive Law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The owner

12. Political - religious beliefs - and affiliations
Personal and real
'The thing speaks for itself'
Creed
Independent contractors - employees

13. The amount he merits
Quantum merits
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equitable estoppal
Gratuitous bailment

14. Two kinds of negligence
Intentional - Unintentional
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Repudiation - sabotage - failure to perform
Defamation

15. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Express deposit
Lie flat to distribute the force of the impact
Four purpose of sentencing

16. A promise for an action
Restrictive covenant
Unilateral Contract
Summary conviction - Indictable - Hybrid
Land - buildings - fixtures

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

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18. It is not my deed
Salmonella
Bona fide occupational requirement
Equity financing - debt financing - sale of assets
Non est factum

19. 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.
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.
Landlord-tenant
1) in the office - 2) every guestroom - and 3) public rooms (area).
Equitable estoppel

20. Under contract law - list the three types of mistake the law recognizes.
Personal and real
Reasons a contract may be impeached
Common - mutual and unilateral.
Defenses to intentional Torts

21. The publication of a false statement about someone either verbally or in writing which damages their reputation
Factoring
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Amortization
Defamation

22. An advertisement is an example of this... lets people know that you are ready to accept offers
Bona fide occupational requirement
Restrictive covenant
Contributory negligence
Invitation to treat

23. Latin term for within or on the premises of the inn (extension of the inn).
Negligence Per se
98%
Positive Law
Infra hospitium

24. When the police do not need a warrant to search your residence and/or business?
Option
Unconscionable transactions
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Habeas corpus

25. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
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
John Humphrey
Ultra vires

26. Latin term for 'On the face of it'.
Prima facie
Arraignment
Fiduciary Duty
The parol evidence rule

27. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
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.
4 items that should be included in the job description
Disclaimer
6 primary purposes of tort law

28. Accommodations that are not considered 'inns'.
Good Samaritan Legislation
Res ipsa loquitar
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Boarding house - a rooming house - homes for seniors - and time-share arrangements

29. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Res ipsa loquitar
Express deposit
Actus reus and Mens rea
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

30. How can an employer escape alcohol misuse liability?
Option
Non est factum
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.
Proximate cause of the injury

31. List remedies one would expect when a contract is breached
Contributory Negligence
Damages that are imposed to punish and to make an example of the offending party
Nepotism
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

32. Circumstances in which the authorities do not need a warrant to search your premises
Consideration
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
The items that should be included in a job description
Four purpose of sentencing

33. Law created by a person or body with authority to enact and enforce it
Repudiation - sabotage - failure to perform
Intentional - Unintentional
Positive Law
Agent

34. Another word for 'reafian'?
Gratuitous Promise
Reiver
Nepotism
Bona fide occupational requirement

35. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Merit
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.
Independent contractors - employees
Duty to mitigate

36. When 50 or more employees are laid off within 2 months.
Option
Contributory negligence
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
Group termination

37. Author of the Universal Declaration of Human Rights
John Humphrey
Proximate cause of the injury
Criminal - Family - Youth - Small claims court
Section 33 of the Charter

38. List 5/6 items employers can expect from their employees
Independent contractors - employees
Reasons a contract may be impeached
Surcharge
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

39. Legal responsibility for the negligence of another person
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Vicarious liability
Damages that are imposed to punish and to make an example of the offending party
420 to 700 hours depending on the regional unemployment rate

40. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Personal and real
Arraignment
Duty to mitigate
Price fixing

41. List the 4 conditions of adverse possession. (squatter's rights)
1) in the office - 2) every guestroom - and 3) public rooms (area).
Noncompetition/nonsolicitation clauses
Open and notorious - unchallenged - exclusive - continuous
Easement

42. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Specific deterrence - general deterrence - rehabilitation - protection of the public
Notary
Food and Drugs Act

43. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Quantum meruit
The kinds of misrepresentation
'The thing speaks for itself'

44. Notices of statutory provisions limiting liability be posted where?
Surcharge
Duty to mitigate
The items that should be included in a job description
1) in the office - 2) every guestroom - and 3) public rooms (area).

45. Four methods to prevent potential legal action against your business.
Consideration
Exceptions to the privity of contract rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Independent contractors - employees

46. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Easement
Quantum meruit
Sunset Clause

47. What does real property include?
Land - buildings - fixtures
Reasons a contract may be impeached
Actus reus and Mens rea
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

48. Use of another company's business name or logo without permission.
Actus reus
Trademark infringement
Easement
Players in the legal system

49. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Democratic rights to vote or run for election
Unilateral Contract
Equitable estoppal
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

50. 'To have the body'
Passing off
Habeas corpus
Innocent - negligent - fraudulent
Equitable estoppal