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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. Allows a legislation to override the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
Reasons a contract may be impeached
Non est factum
Section 33 of the Charter

2. Who owns mislaid property?
Agent
The owner
Quantum merits
Surcharge

3. Two kinds of negligence
Theft of services
51% or 52%
Intentional - Unintentional
General - Punitive - Exemplary

4. Alcohol misuse under the Liquor License Act
Neighbour principle
6 primary purposes of tort law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

5. what are the four purposes of sentencing?
Habeas corpus
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of attorney
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

6. What are three ways a contract is breached
Stare decisis
Neighbour principle
Repudiation - Sabotage - Failure to perform
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

7. What are the 3 ways employment can be terminated?
Personal and real
4 items that should be included in the job description
Instances under which an offer lapses
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

8. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Passing off
Reasons a contract may be impeached
Power of attorney
Municipal government

9. 3 types of offenses in a criminal procedure
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Intentional - Unintentional
Equitable estoppal
Summary conviction - Indictable - Hybrid

10. Law based on moral - religious or philosophical grounds
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Natural Law
Bona fide occupational requirement

11. A symbol - word - name or device used to identify or signify a company or its product.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Trade mark
Fiduciary Duty
Defenses to intentional Torts

12. What are the 3 types of bailment?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Option
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Specific deterrence - general deterrence - rehabilitation - protection of the public

13. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Thin Skull Rule
Fiduciary Duty
'The thing speaks for itself'
Parol Evidence Rule

14. Within the walls of the inn
Non est factum
Reasons a contract may be impeached
Infra hospitium
Prima facie

15. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Fiduciary Duty
Thin Skull Rule
Food and Drugs Act

16. 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.
Duty to mitigate
Specific deterrence - general deterrence - rehabilitation - protection of the public
Noncompetition/nonsolicitation clauses
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

17. Food poisoning from hamburger
Sole proprietorship - partnership - and corporations
E. Coli
Price fixing
Repudiation - sabotage - failure to perform

18. Three types of offences
$413 or 55% of the claimant's average insured earnings (whichever is less)
Summary conviction - indictable - and hybrid
Passing off
Sunset Clause

19. 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?
Democratic rights to vote or run for election
Breach of contract
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General damages

20. 5 possible consequences if you default on your mortgage?
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Factoring
Easement
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

21. Someone who certifies documents - but does not draft documents
Notary
Gratuitous bailment
$413 or 55% of the claimant's average insured earnings (whichever is less)
Disclaimer

22. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Stare decisis
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
E. Coli

23. This person acts on behalf of the principal
Agent
General damages
Contributory Negligence
Option

24. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Stare decisis
Defamation
Contributory Negligence
Instances under which an offer lapses

25. 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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Creed
Vicarious Liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

26. Favoritism granted to relatives or friends regardless of merit
Merit
Nepotism
1) in the office - 2) every guestroom - and 3) public rooms (area).
To 'perfect' a lien

27. Two types of negligence
Intentional - Unintentional
Sole proprietorship - partnership - and corporations
John Humphrey
Actus reus and Mens rea

28. When two or more suppliers conspire to set prices.
Exemplary damages
Neighbour principle
Price fixing
The owner

29. Governor general and lieutenant governors
Positive Law
Royal prerogatives
Equitable estoppel
Types of contracts which must be in writing

30. List the 3 subtle signs of intoxication.
Group termination
Municipal government
General - Punitive - Exemplary
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

31. Most difficult element of negligence to prove
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Proximate cause of the injury
Four purpose of sentencing

32. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Parol Evidence Rule
Trade mark
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.

33. A person who becomes ill but did not pay for the meal can sue the establishment
Merit
Actus reus
Neighbour principle
General - Punitive - Exemplary

34. First stage in a criminal court procedure
Repudiation - Sabotage - Failure to perform
Arraignment
Amortization
Easement

35. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Uttering
Royal prerogatives
Exceptions to the privity of contract rule

36. 'Reasonable worth of the good'
Quantum meruit
Fiduciary Duty
Infra hospitium
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

37. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Legal realism
By Performance - By Agreement - By Frustration - By Operation of law
Criminal - Family - Youth - Small claims court

38. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Floating charge
The owner
Sunset Clause

39. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
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
Municipal government
Positive law
Types of contracts which must be in writing

40. 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.
Equitable estoppel
Summary conviction - indictable - and hybrid
Mens rea
Arraignment

41. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Express deposit
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

42. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Group termination
Vicarious liability
Innocent - negligent - fraudulent

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Duty to mitigate
Passing off
Gratuitous bailment
Unilateral Contract

44. Guilty mind.
Mens rea
Merit
Option
Specific deterrence - general deterrence - rehabilitation - protection of the public

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

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46. An advertisement is an example of this... lets people know that you are ready to accept offers
Democratic rights to vote or run for election
Ultra vires
The 4 principles of Equal Pay legislation
Invitation to treat

47. A right to use another's land for a specific purpose.
Uttering
Equitable estoppel
Easement
Quantum merits

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

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49. How can an employer escape alcohol misuse liability?
Invitation to treat
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Habeas corpus
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. It is not my deed
Non est factum
Exceptions to the privity of contract rule
Defamation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.