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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
The owner
Equitable estoppal
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Option

2. Food poisoning from hamburger
51% or 52%
Habeas corpus
E. Coli
Floating charge

3. How can an employer escape alcohol misuse liability?
Power of Attorney
Duty to mitigate
Private law
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. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Merit
Acts of God - acts of a public enemy - guests' own negligence
Express deposit
Power of Attorney

5. What are some of the conditions for rightful dismissal?
Agent
Fiduciary Duty
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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence

6. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Gratuitous bailment
By Performance - By Agreement - By Frustration - By Operation of law
Arraignment
Passing off

7. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Uttering
1) in the office - 2) every guestroom - and 3) public rooms (area).
E. Coli

8. Defaming a business - a product or a property rather than a person.
The owner
Injurious Falsehood
The 4 principles of Equal Pay legislation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

9. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Group termination
Four purpose of sentencing
Independent contractors - employees

10. Three types of offences
Summary conviction - indictable - and hybrid
Nepotism
Actus reus
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.

11. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Vicarious Liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Sunset Clause

12. List the 3 subtle signs of intoxication.
Invitation to treat
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Theft of services
Financial disloyalty - falsified qualifications - gross and continuing incompetence

13. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reiver
Exemplary damages
Negligence

14. Independent contractors and employees.
Slander and Libel
Contributory negligence
Common - mutual and unilateral.
The 2 classes of servants

15. When two or more suppliers conspire to set prices.
Price fixing
Actus reus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Unilateral Contract

16. Within the walls of the inn
Equitable estoppel
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Land - buildings - fixtures

17. Circumstances in which the authorities do not need a warrant to search your premises
Positive law
Bona fide occupational requirement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

18. Favoritism granted to relatives or friends regardless of merit
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
To 'perfect' a lien
Nepotism

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Passing off
The owner
Notary

20. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
John Humphrey
6 primary purposes of tort law
Breach of contract

21. Most difficult element of negligence to prove
Intentional - Unintentional
Vicarious liability
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Infra hospitium

22. Selling accounts receivable at a discount.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Factoring
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
General - Punitive - Exemplary

23. Promises made without consideration
Gratuitous Promise
Res ipsa loquitar
Easement
Non est factum

24. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Personal and real
Vicarious liability
Gratuitous bailment

25. List 5/6 items employers can expect from their employees
Contributory negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Merit
Damages that are imposed to punish and to make an example of the offending party

26. Alcohol misuse under the Liquor License Act
Democratic rights to vote or run for election
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Repudiation - sabotage - failure to perform
Independent contractors - employees

27. Three types of intangibles
Acts of God - acts of a public enemy - guests' own negligence
Fiduciary Duty
Gratuitous Promise
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

28. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
The kinds of misrepresentation
Constitution
General damages

29. A promise for an action
Nepotism
Unilateral Contract
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Open and notorious - unchallenged - exclusive - continuous

30. 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
Gratuitous bailment
The 4 principles of Equal Pay legislation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Negligent Misrepresentation

31. Latin for 'the thing speaks for itself'
Bona fide occupational requirement
Infra hospitium
Absolute liability
Res ipsa loquitar

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Royal prerogatives
Exceptions to the privity of contract rule
Reasonable Person Test
Substantive Law

33. 'To have the body'
Shareholders - board of directors - statutory officers - employees - and creditors
Unilateral Contract
Habeas corpus
Acts of God - acts of a public enemy - guests' own negligence

34. First stage in a criminal court procedure
Summary conviction - Indictable - Hybrid
Trademark infringement
Arraignment
Repudiation - Sabotage - Failure to perform

35. 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.
Natural Law
Shareholders - board of directors - statutory officers - employees - and creditors
Noncompetition/nonsolicitation clauses
Gratuitous bailment

36. 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
Exceptions to the privity of contract rule
Power of attorney
Four purpose of sentencing
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

37. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
420 to 700 hours depending on the regional unemployment rate
Salmonella
Duty to mitigate
Quantum merits

38. Types of Damages
Personal and real
Non est factum
Duty to mitigate
General - Punitive - Exemplary

39. Innocent - negligent and fraudulent
Fiduciary Duty
Gratuitous Promise
Power of Attorney
The kinds of misrepresentation

40. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Exceptions to the privity of contract rule
1) in the office - 2) every guestroom - and 3) public rooms (area).
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

41. Latin term for 'It is not my deed
Habeas corpus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Non est factum
Contributory negligence

42. Governor general and lieutenant governors
Easement
Group termination
Amortization
Royal prerogatives

43. A duty that cannot be given to someone else
Uttering
Consideration
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non delegable duty

44. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory negligence
Breach of contract

45. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Negligent Misrepresentation
Reasonable Person Test
The owner

46. When the public is misled into believing that one company's goods or services are those a similar brand or product.
4 items that should be included in the job description
Exemplary damages
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

47. Guilty mind.
Amortization
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
Mens rea

48. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Fiduciary Duty
Reasons a contract may be impeached
By Performance - By Agreement - By Frustration - By Operation of law
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

49. Accommodations that are not considered 'inns'.
Non est factum
John Humphrey
Injurious Falsehood
Boarding house - a rooming house - homes for seniors - and time-share arrangements

50. Discrimination that is actually encouraged in our society
Noncompetition/nonsolicitation clauses
Trade mark
Theft of services
Merit