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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. Law based on moral - religious or philosophical grounds
Natural Law
Personal and real
Summary conviction (minor) - indictable (serious) - hybrid
Easement

2. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Passing off
Vicarious Liability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Absolute liability

3. 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
Vicarious Liability
Power of attorney
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

4. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Acts of God - acts of a public enemy - guests' own negligence
Quantum meruit
Express deposit
Private law

5. Which of the following rights does the Charter guarantee only to citizens of Canada
Independent contractors - employees
Democratic rights to vote or run for election
Exemplary damages
Passing off

6. Guilty act in Latin.
Actus reus
Uttering
Negligence Per se
Proximate cause of the injury

7. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Power of attorney
Gratuitous bailment
Infra hospitium

8. Spoken and written defamation
Surcharge
The parol evidence rule
Slander and Libel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

9. Law is whatever judges say it is...
Open and notorious - unchallenged - exclusive - continuous
Contributory negligence
Summary conviction - indictable - and hybrid
Legal realism

10. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Notary
Nepotism
Negligence Per se

11. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Shareholders - board of directors - statutory officers - employees - and creditors
Municipal government
Absolute liability
Specific deterrence - general deterrence - rehabilitation - protection of the public

12. The price a party pays for the promise.
Bona fide occupational requirement
Consideration
Arraignment
Parol Evidence Rule

13. Regulation - deterrence - compensation - dispute resolution - education and prevention
The kinds of misrepresentation
Instances under which an offer lapses
Negligence Per se
6 primary purposes of tort law

14. Political - religious beliefs - and affiliations
Creed
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

15. How can an employer escape alcohol misuse liability?
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Theft of services
4 items that should be included in the job description
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.

16. List 3 ways to finance a new or existing business.
Option
Actus reus
Municipal government
Equity financing - debt financing - sale of assets

17. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Intentional - Unintentional
Section 33 of the Charter
Exceptions to the privity of contract rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

18. List remedies one would expect when a contract is breached
Equitable estoppel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
General - Punitive - Exemplary
Fiduciary Duty

19. Most difficult element of negligence to prove
Reiver
Duty to mitigate
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
John Humphrey

20. Two kinds of negligence
Noncompetition/nonsolicitation clauses
Intentional - Unintentional
Parol Evidence Rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

21. 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?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Salmonella
E. Coli
Breach of contract

22. List 5/6 items employers can expect from their employees
The owner
51% or 52%
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Personal and real

23. Legal responsibility for the negligence of another person
Vicarious liability
Positive law
Power of Attorney
Noncompetition/nonsolicitation clauses

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

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25. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
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
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.
Power of Attorney
Actus reus

26. Four methods to prevent potential legal action against your business.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Absolute liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Independent contractors - employees

27. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Negligent Misrepresentation
Four purpose of sentencing
$413 or 55% of the claimant's average insured earnings (whichever is less)
General - Punitive - Exemplary

28. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Equitable estoppel
Option
Vicarious Liability

29. Fundamental freedoms in Section 2 of the Charter
Theft of services
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Fiduciary Duty
Factoring

30. What would a careful - thoughtful person in the same circumstances have done
John Humphrey
Reasonable Person Test
Passing off
General - Punitive - Exemplary

31. Types of Damages
Bona fide occupational requirement
Reasonable Person Test
1) in the office - 2) every guestroom - and 3) public rooms (area).
General - Punitive - Exemplary

32. what are the four purposes of sentencing?
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate
Surcharge
Specific deterrence - general deterrence - rehabilitation - protection of the public

33. In a criminal procedure list the 3 types of offenses
Power of Attorney
Sunset Clause
Summary conviction (minor) - indictable (serious) - hybrid
Gratuitous Promise

34. Notices of statutory provisions limiting liability be posted where?
Passing off
1) in the office - 2) every guestroom - and 3) public rooms (area).
Injurious Falsehood
Mens rea

35. First stage in a criminal court procedure
Positive law
Arraignment
Unconscionable transactions
Power of attorney

36. Discrimination that is actually encouraged in our society
The 2 classes of servants
Merit
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

37. Under contract law - list the three types of mistake the law recognizes.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Summary conviction - indictable - and hybrid
Express deposit
Common - mutual and unilateral.

38. Defaming a business - a product or a property rather than a person.
Creed
Acts of God - acts of a public enemy - guests' own negligence
Injurious Falsehood
Players in the legal system

39. 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
Negligence
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.
Trademark infringement
The 4 principles of Equal Pay legislation

40. Latin term for 'On the face of it'.
Prima facie
Players in the legal system
Salmonella
Factoring

41. What are the two types of property?
Parol Evidence Rule
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equity financing - debt financing - sale of assets
Personal and real

42. Author of the Universal Declaration of Human Rights
Summary conviction - indictable - and hybrid
Gratuitous Promise
John Humphrey
Absolute liability

43. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Repudiation - sabotage - failure to perform
Equitable estoppal
Uttering
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

44. The publication of a false statement about someone either verbally or in writing which damages their reputation
The parol evidence rule
Defamation
Option
Neighbour principle

45. 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
Landlord-tenant
Negligent Misrepresentation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

46. A symbol - word - name or device used to identify or signify a company or its product.
Acts of God - acts of a public enemy - guests' own negligence
Vicarious Liability
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Trade mark

47. Three types of offences
Summary conviction - indictable - and hybrid
Quantum meruit
Quantum merits
Amortization

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

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49. 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.
Habeas corpus
Salmonella
Theft of services
Infra hospitium

50. Division of law that defines rights and remedies
Substantive Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Vicarious Liability
Agent