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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Alcohol misuse under the Liquor License Act
Parol Evidence Rule
Positive Law
Factoring
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

2. Discrimination that is actually encouraged in our society
Contributory negligence
Slander and Libel
Merit
Reasons a contract may be impeached

3. How can an employer escape alcohol misuse liability?
Equitable estoppal
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
Personal and real

4. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Express deposit
Players in the legal system
Invitation to treat

5. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Agent
Gratuitous bailment
Option
Instances under which an offer lapses

6. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Parol Evidence Rule
Types of contracts which must be in writing
John Humphrey

7. Latin for guilty act and guilty mind
Discoveries Stage
Reasonable Person Test
Actus reus and Mens rea
General damages

8. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory negligence
Vicarious Liability

9. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Unilateral Contract
Power of attorney
Uttering
Merit

10. 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.
Noncompetition/nonsolicitation clauses
Personal and real
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
To 'perfect' a lien

11. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Positive Law
Reasons a contract may be impeached
Defamation

12. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Theft of services
Gratuitous bailment
John Humphrey
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

13. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Amortization
Players in the legal system
Unconscionable transactions
The parol evidence rule

14. What are the three exceptions to the common law absolute liability rule.

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15. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Private law
Equitable estoppal
Intentional - Unintentional
Consideration

16. A right to use another's land for a specific purpose.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Easement
Personal and real
Negligent Misrepresentation

17. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Exemplary damages
Instances under which an offer lapses
Defamation

18. Who owns mislaid property?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Equitable estoppal
The owner

19. Guilty mind.
Actus reus and Mens rea
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Natural Law
Mens rea

20. 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
Consideration
Price fixing
Criminal - Family - Youth - Small claims court

21. Stages of a civil action
Discoveries Stage
Invitation to treat
Duty to mitigate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

22. Selling accounts receivable at a discount.
Theft of services
General - Punitive - Exemplary
Repudiation - Sabotage - Failure to perform
Factoring

23. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Consideration
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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Duty to mitigate

24. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Repudiation - Sabotage - Failure to perform
Positive law
Passing off
Unilateral Contract

25. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Habeas corpus
Exceptions to the privity of contract rule
Summary conviction (minor) - indictable (serious) - hybrid
Breach of contract

26. Defaming a business - a product or a property rather than a person.
Agent
Factoring
Option
Injurious Falsehood

27. Amount added on to a usual charge for a specific product - purpose - or service.
Duty to mitigate
John Humphrey
By Performance - By Agreement - By Frustration - By Operation of law
Surcharge

28. What are the 3 ways employment can be terminated?
Parol Evidence Rule
Reasons a contract may be impeached
Easement
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

29. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Types of contracts which must be in writing
The items that should be included in a job description
Vicarious liability
Actus reus and Mens rea

30. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Invitation to treat
Discoveries Stage
Arraignment

31. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Unilateral Contract
Discoveries Stage
Merit

32. 2 classes of servants.
Independent contractors - employees
Nepotism
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Factoring

33. It is not my deed
Non est factum
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Substantive Law
Trade mark

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

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35. Notices of statutory provisions limiting liability be posted where?
Option
Instances under which an offer lapses
1) in the office - 2) every guestroom - and 3) public rooms (area).
Mens rea

36. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
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.
Merit
Absolute liability
Duty to mitigate

37. Innocent - negligent and fraudulent
The kinds of misrepresentation
Royal prerogatives
Land - buildings - fixtures
Acts of God - acts of a public enemy - guests' own negligence

38. Damages are awarded to compensate the injured party
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reasonable Person Test
General damages
Surcharge

39. Division of Lower Provincial Courts
Equity financing - debt financing - sale of assets
The owner
Criminal - Family - Youth - Small claims court
Types of contracts which must be in writing

40. Two types of negligence
Intentional - Unintentional
The owner
Absolute liability
Municipal government

41. Spoken and written defamation
Trade mark
Types of contracts which must be in writing
Slander and Libel
Innocent - negligent - fraudulent

42. Law created by a person or body with authority to enact and enforce it
Positive Law
Salmonella
Non delegable duty
Theft of services

43. Latin term for within or on the premises of the inn (extension of the inn).
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Option
Infra hospitium
Private law

44. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Power of attorney
The items that should be included in a job description
Non est factum
Landlord-tenant

45. Regulation - deterrence - compensation - dispute resolution - education and prevention
Defenses to intentional Torts
Summary conviction (minor) - indictable (serious) - hybrid
Negligent Misrepresentation
6 primary purposes of tort law

46. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Exemplary damages
Option

47. Author of the Universal Declaration of Human Rights
Price fixing
Landlord-tenant
Ultra vires
John Humphrey

48. The division of law associated with interpersonal matters
Private law
Mens rea
Breach of contract
Intentional torts

49. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Innocent - negligent - fraudulent
Passing off
Equitable estoppal

50. 5 reasons for evicting a guest.
Negligent Misrepresentation
Ultra vires
Reasons a contract may be impeached
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.