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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. What are the three kinds of misrepresentation?
Positive law
The items that should be included in a job description
Innocent - negligent - fraudulent
Shareholders - board of directors - statutory officers - employees - and creditors

2. Stages of a civil action
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.
John Humphrey
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Summary conviction - indictable - and hybrid

3. Governor general and lieutenant governors
Exceptions to the privity of contract rule
Negligence
Royal prerogatives
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

4. When 50 or more employees are laid off within 2 months.
Group termination
Reiver
Bona fide occupational requirement
General - Punitive - Exemplary

5. Which of the following rights does the Charter guarantee only to citizens of Canada
Actus reus
Reasons a contract may be impeached
Arraignment
Democratic rights to vote or run for election

6. Damages imposed to make an example of the wrongdoer
Innocent - negligent - fraudulent
Reasonable Person Test
Salmonella
Exemplary damages

7. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Types of contracts which must be in writing
Nepotism
Passing off

8. What are exemplary damages?
Restrictive covenant
Res ipsa loquitar
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
Damages that are imposed to punish and to make an example of the offending party

9. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Bona fide occupational requirement
Exceptions to the privity of contract rule
Equity financing - debt financing - sale of assets

10. Spoken and written defamation
Slander and Libel
Negligent Misrepresentation
Absolute liability
Intentional torts

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
Shareholders - board of directors - statutory officers - employees - and creditors
Types of contracts which must be in writing
Power of attorney
The 2 classes of servants

12. A plaintiff is partly or solely the cause of his or her own injury.
Equity financing - debt financing - sale of assets
Contributory negligence
Power of Attorney
The owner

13. Promises made without consideration
Gratuitous Promise
Non est factum
Constitution
Absolute liability

14. List remedies one would expect when a contract is breached
Thin Skull Rule
Good Samaritan Legislation
Quantum merits
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

15. 'Reasonable worth of the good'
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.
Constitution
Quantum meruit

16. What does BFOR stand for?
Land - buildings - fixtures
Bona fide occupational requirement
Non delegable duty
Discoveries Stage

17. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory negligence
Injurious Falsehood
Instances under which an offer lapses

18. Legal responsibility for the negligence of another person
Vicarious liability
Constitution
Four purpose of sentencing
Habeas corpus

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Uttering
Actus reus
Types of contracts which must be in writing
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

20. what are the four purposes of sentencing?
Summary conviction - Indictable - Hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public
Innocent - negligent - fraudulent
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

21. The exchange of benefits; the price a party pays for the promise
Notary
Consideration
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Infra hospitium

22. Once a contract is written - it cannot be changed without consent of both parties.
Summary conviction - Indictable - Hybrid
The parol evidence rule
Shareholders - board of directors - statutory officers - employees - and creditors
Intentional torts

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Ultra vires
Passing off
Group termination
Summary conviction - indictable - and hybrid

24. The price a party pays for the promise.
Good Samaritan Legislation
Power of attorney
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration

25. Circumstances in which the authorities do not need a warrant to search your premises
Equitable estoppel
Reiver
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Express deposit

26. What are the 3 ways employment can be terminated?
Sunset Clause
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Fiduciary Duty
Land - buildings - fixtures

27. An agreement by an offeror to leave an offer open for a specified period of time.
Notary
Parol Evidence Rule
Option
Arraignment

28. Damages are awarded to compensate the injured party
Intentional torts
Good Samaritan Legislation
Option
General damages

29. Conditions for rightful dismissal.
'The thing speaks for itself'
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Quantum merits
Intentional torts

30. Latin for guilty act and guilty mind
6 primary purposes of tort law
John Humphrey
Actus reus and Mens rea
Land - buildings - fixtures

31. Regulation - deterrence - compensation - dispute resolution - education and prevention
Natural Law
6 primary purposes of tort law
General - Punitive - Exemplary
Summary conviction - Indictable - Hybrid

32. Surviving a falling elevator
Acts of God - acts of a public enemy - guests' own negligence
Section 33 of the Charter
51% or 52%
Lie flat to distribute the force of the impact

33. The period of time required to pay off the principal completely at a set interest rate.
98%
Amortization
Floating charge
Duty to mitigate

34. 3 types of business structures.
Group termination
Habeas corpus
Absolute liability
Sole proprietorship - partnership - and corporations

35. What are the 5 tiers of the corporate structure.
Option
Intentional - Unintentional
Shareholders - board of directors - statutory officers - employees - and creditors
Fiduciary Duty

36. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Repudiation - sabotage - failure to perform
John Humphrey

37. An advertisement is an example of this... lets people know that you are ready to accept offers
Passing off
Invitation to treat
Slander and Libel
Legal realism

38. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Duty to mitigate
Price fixing
Good Samaritan Legislation
Repudiation - sabotage - failure to perform

39. Division of law that defines rights and remedies
Substantive Law
Acts of God - acts of a public enemy - guests' own negligence
Uttering
E. Coli

40. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Vicarious liability
Duty to mitigate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

41. 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
Res ipsa loquitar
The owner
Negligent Misrepresentation
Criminal - Family - Youth - Small claims court

42. A promise for an action
Personal and real
Proximate cause of the injury
Group termination
Unilateral Contract

43. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
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
Uttering
$413 or 55% of the claimant's average insured earnings (whichever is less)
General - Punitive - Exemplary

44. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Reasons a contract may be impeached
Nepotism
Noncompetition/nonsolicitation clauses
Defenses to intentional Torts

45. 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.
Royal prerogatives
Democratic rights to vote or run for election
Four purpose of sentencing
Noncompetition/nonsolicitation clauses

46. What are three ways a contract is breached
1) in the office - 2) every guestroom - and 3) public rooms (area).
Repudiation - Sabotage - Failure to perform
Summary conviction (minor) - indictable (serious) - hybrid
Summary conviction - Indictable - Hybrid

47. Selling accounts receivable at a discount.
Quantum merits
Private law
Factoring
Negligence

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

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49. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Vicarious Liability
John Humphrey
Disclaimer
General damages

50. Fundamental freedoms in Section 2 of the Charter
John Humphrey
Vicarious Liability
Equitable estoppel
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association