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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. What must be established to substantiate a claim for bailment?
Option
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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off

2. What are the 5 tiers of the corporate structure.
Merit
Trademark infringement
Easement
Shareholders - board of directors - statutory officers - employees - and creditors

3. Independent contractors and employees.
The 2 classes of servants
Notary
Non est factum
Uttering

4. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Noncompetition/nonsolicitation clauses
Equity financing - debt financing - sale of assets
To 'perfect' a lien

5. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Amortization
Types of contracts which must be in writing
By Performance - By Agreement - By Frustration - By Operation of law
Quantum merits

6. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
4 items that should be included in the job description
Nepotism
Duty to mitigate
Stare decisis

7. What are the three kinds of misrepresentation?
'The thing speaks for itself'
Innocent - negligent - fraudulent
General damages
51% or 52%

8. Two kinds of negligence
Democratic rights to vote or run for election
Intentional - Unintentional
Equitable estoppel
Positive Law

9. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exceptions to the privity of contract rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

10. A promise for an action
Innocent - negligent - fraudulent
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Unilateral Contract
Independent contractors - employees

11. Division of Lower Provincial Courts
Discoveries Stage
Criminal - Family - Youth - Small claims court
Contributory negligence
Constitution

12. Political - religious beliefs - and affiliations
Trade mark
Noncompetition/nonsolicitation clauses
Creed
Trademark infringement

13. A symbol - word - name or device used to identify or signify a company or its product.
Common - mutual and unilateral.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Amortization
Trade mark

14. Guilty mind.
Mens rea
Negligence
Parol Evidence Rule
Thin Skull Rule

15. List 3 ways to finance a new or existing business.
Four purpose of sentencing
Equity financing - debt financing - sale of assets
Creed
Factoring

16. List remedies one would expect when a contract is breached
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional
Notary
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

17. Circumstances in which the authorities do not need a warrant to search your premises
Vicarious liability
Proximate cause of the injury
Food and Drugs Act
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

18. Two types of negligence
Intentional - Unintentional
Consideration
Trade mark
Summary conviction - indictable - and hybrid

19. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Noncompetition/nonsolicitation clauses
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Amortization
Passing off

20. 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?
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Constitution
Discoveries Stage
Breach of contract

21. When the police do not need a warrant to search your residence and/or business?
Prima facie
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Negligence Per se
Landlord-tenant

22. Law is whatever judges say it is...
$413 or 55% of the claimant's average insured earnings (whichever is less)
Invitation to treat
Legal realism
Section 33 of the Charter

23. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
$413 or 55% of the claimant's average insured earnings (whichever is less)
Good Samaritan Legislation
General - Punitive - Exemplary
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

24. When two or more suppliers conspire to set prices.
Price fixing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
General - Punitive - Exemplary
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

25. what are the four purposes of sentencing?
Types of contracts which must be in writing
Discoveries Stage
The 4 principles of Equal Pay legislation
Specific deterrence - general deterrence - rehabilitation - protection of the public

26. Under contract law - list the three types of mistake the law recognizes.
4 items that should be included in the job description
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Common - mutual and unilateral.
Exceptions to the privity of contract rule

27. Latin for 'the thing speaks for itself'
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Res ipsa loquitar
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).

28. Latin term for within or on the premises of the inn (extension of the inn).
51% or 52%
Actus reus
Infra hospitium
Option

29. Someone who certifies documents - but does not draft documents
Summary conviction (minor) - indictable (serious) - hybrid
Neighbour principle
Notary
Constitution

30. Author of the Universal Declaration of Human Rights in 1948?
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sunset Clause
John Humphrey

31. The price a party pays for the promise.
Positive law
Summary conviction - indictable - and hybrid
Consideration
Quantum merits

32. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Non est factum
Gratuitous Promise
Power of Attorney
Intentional torts

33. Types of Damages
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General - Punitive - Exemplary
Nepotism
Lie flat to distribute the force of the impact

34. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Mens rea
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Sunset Clause

35. Defaming a business - a product or a property rather than a person.
Option
Injurious Falsehood
Power of Attorney
Summary conviction - Indictable - Hybrid

36. A right to use another's land for a specific purpose.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Easement
Open and notorious - unchallenged - exclusive - continuous
Intentional - Unintentional

37. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Price fixing

38. A plaintiff is partly or solely the cause of his or her own injury.
Democratic rights to vote or run for election
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Contributory negligence
Constitution

39. The most difficult element of negligence to prove
Proximate cause of the injury
General - Punitive - Exemplary
Quantum merits
Stare decisis

40. Promises made without consideration
Contributory negligence
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Gratuitous Promise

41. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Negligent Misrepresentation
Option
Unconscionable transactions
Duty to mitigate

42. Law based on moral - religious or philosophical grounds
Reiver
Natural Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Restrictive covenant

43. 'It stands decided'
Amortization
Fiduciary Duty
Stare decisis
Neighbour principle

44. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Land - buildings - fixtures
Legal realism
Absolute liability
420 to 700 hours depending on the regional unemployment rate

45. It is not my deed
98%
Noncompetition/nonsolicitation clauses
Non est factum
Actus reus

46. A restriction placed on some aspect of land use.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Criminal - Family - Youth - Small claims court
Injurious Falsehood
Restrictive covenant

47. 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
The owner
The 4 principles of Equal Pay legislation
To 'perfect' a lien

48. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
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
Disclaimer
Contributory negligence

49. This person acts on behalf of the principal
Royal prerogatives
Slander and Libel
Absolute liability
Agent

50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Creed
Players in the legal system
Habeas corpus