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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. 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
Ultra vires
Noncompetition/nonsolicitation clauses
Floating charge
Passing off

2. Latin term for 'On the face of it'.
Prima facie
Passing off
Stare decisis
Amortization

3. List remedies one would expect when a contract is breached
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

4. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Constitution

5. What are three ways a contract is breached
Criminal - Family - Youth - Small claims court
Merit
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform

6. Within the walls of the inn
Prima facie
John Humphrey
Infra hospitium
$413 or 55% of the claimant's average insured earnings (whichever is less)

7. Accommodations that are not considered 'inns'.
Power of Attorney
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exemplary damages
Instances under which an offer lapses

8. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Duty to mitigate
Exemplary damages
The 4 principles of Equal Pay legislation
Defamation

9. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Defamation
Equitable estoppel
Actus reus
Intentional torts

10. Division of Lower Provincial Courts
Positive law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Criminal - Family - Youth - Small claims court
Pleadings - discoveries - pretrial and or mediation - trial - appeals

11. This relationship exists when one person has the power to affect another person's property or legal interests
E. Coli
Fiduciary Duty
Good Samaritan Legislation
Private law

12. list 4 elements of bailment
Merit
Open and notorious - unchallenged - exclusive - continuous
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Intentional - Unintentional

13. Two types of negligence
Easement
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.
Intentional - Unintentional
Invitation to treat

14. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Factoring
Unilateral Contract
Negligence Per se
Innocent - negligent - fraudulent

15. Once a contract is written - it cannot be changed without the consent of both parties
Infra hospitium
Express deposit
Parol Evidence Rule
Contributory Negligence

16. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Acts of God - acts of a public enemy - guests' own negligence
Disclaimer

17. 5 possible consequences if you default on your mortgage?
Arraignment
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Uttering
Boarding house - a rooming house - homes for seniors - and time-share arrangements

18. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
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.
6 primary purposes of tort law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

19. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Floating charge
Vicarious Liability
Section 33 of the Charter

20. What are the five stages of a civil action?
Disclaimer
General - Punitive - Exemplary
Vicarious Liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals

21. What does real property include?
4 items that should be included in the job description
Lie flat to distribute the force of the impact
Trademark infringement
Land - buildings - fixtures

22. What are the two types of property?
E. Coli
Intentional - Unintentional
Passing off
Personal and real

23. When 50 or more employees are laid off within 2 months.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The parol evidence rule
Open and notorious - unchallenged - exclusive - continuous
Group termination

24. What are the 3 ways employment can be terminated?
The items that should be included in a job description
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Innocent - negligent - fraudulent
General damages

25. Division of law that defines rights and remedies
Reasons a contract may be impeached
Substantive Law
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.
Equity financing - debt financing - sale of assets

26. 5 reasons for evicting a guest.
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.
The parol evidence rule
6 primary purposes of tort law
Summary conviction (minor) - indictable (serious) - hybrid

27. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Sole proprietorship - partnership - and corporations
To 'perfect' a lien
Habeas corpus

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

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29. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Res ipsa loquitar
Discoveries Stage
Duty to mitigate
Express deposit

30. It is not my deed
Non est factum
Mens rea
Equitable estoppal
Defenses to intentional Torts

31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Summary conviction (minor) - indictable (serious) - hybrid
Good Samaritan Legislation
Discoveries Stage
Criminal - Family - Youth - Small claims court

32. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Trademark infringement
Constitution
Types of contracts which must be in writing
Specific deterrence - general deterrence - rehabilitation - protection of the public

33. Balance of probability needed to win a civil case
Noncompetition/nonsolicitation clauses
Vicarious liability
98%
51% or 52%

34. Latin term for 'It is not my deed
Land - buildings - fixtures
Non est factum
Sunset Clause
John Humphrey

35. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Good Samaritan Legislation
Natural Law
Summary conviction (minor) - indictable (serious) - hybrid
Exceptions to the privity of contract rule

36. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
General damages
Passing off

37. The publication of a false statement about someone either verbally or in writing which damages their reputation
Res ipsa loquitar
E. Coli
Non delegable duty
Defamation

38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Group termination
Passing off
The items that should be included in a job description
Vicarious liability

39. Legal responsibility for the negligence of another person
Vicarious liability
Nepotism
420 to 700 hours depending on the regional unemployment rate
Passing off

40. The exchange of benefits; the price a party pays for the promise
Consideration
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exceptions to the privity of contract rule
Municipal government

41. Spoken and written defamation
Reiver
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Personal and real
Slander and Libel

42. 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?
The owner
John Humphrey
Breach of contract
John Humphrey

43. An agreement by an offeror to leave an offer open for a specified period of time
John Humphrey
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Option
Absolute liability

44. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Four purpose of sentencing
Power of Attorney
Salmonella
Duty to mitigate

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

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46. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Exceptions to the privity of contract rule
Trademark infringement
Express deposit
Municipal government

47. List 3 ways to finance a new or existing business.
Damages that are imposed to punish and to make an example of the offending party
Common - mutual and unilateral.
Equity financing - debt financing - sale of assets
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

48. A restriction placed on some aspect of land use.
Slander and Libel
Common - mutual and unilateral.
Restrictive covenant
Fiduciary Duty

49. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Consideration
Summary conviction - Indictable - Hybrid
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.

50. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Defenses to intentional Torts
Exceptions to the privity of contract rule
Arraignment
Unconscionable transactions