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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. 3 types of offenses in a criminal procedure
Repudiation - Sabotage - Failure to perform
Summary conviction - Indictable - Hybrid
Consideration
Option

2. 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.
Prima facie
Arraignment
Noncompetition/nonsolicitation clauses
98%

3. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Easement
Absolute liability
51% or 52%
Quantum merits

4. It is not my deed
To 'perfect' a lien
Non est factum
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Absolute liability

5. Spoken and written defamation
Land - buildings - fixtures
Types of contracts which must be in writing
Negligent Misrepresentation
Slander and Libel

6. The division of law associated with interpersonal matters
Reasons a contract may be impeached
Ultra vires
Habeas corpus
Private law

7. Circumstances in which the authorities do not need a warrant to search your premises
Sole proprietorship - partnership - and corporations
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

8. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Municipal government
Surcharge
Floating charge

9. Who owns mislaid property?
The owner
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Nepotism

10. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
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
Ultra vires
Intentional torts
Unconscionable transactions

11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Bona fide occupational requirement
The 2 classes of servants

12. Food poisoning from hamburger
Creed
Merit
E. Coli
Nepotism

13. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Non est factum
Exceptions to the privity of contract rule
Types of contracts which must be in writing
The parol evidence rule

14. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Absolute liability
Mens rea
Stare decisis
Four purpose of sentencing

15. A restriction placed on some aspect of land use.
Restrictive covenant
Reasonable Person Test
Ultra vires
Summary conviction - indictable - and hybrid

16. 'Reasonable worth of the good'
The owner
Types of contracts which must be in writing
Quantum meruit
John Humphrey

17. A plaintiff is partly or solely the cause of his or her own injury
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Lie flat to distribute the force of the impact
Contributory negligence
Habeas corpus

18. An agreement by an offeror to leave an offer open for a specified period of time
Non est factum
Actus reus and Mens rea
Option
Gratuitous Promise

19. Governor general and lieutenant governors
Sunset Clause
Royal prerogatives
Unconscionable transactions
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

20. Most difficult element of negligence to prove
Players in the legal system
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The kinds of misrepresentation

21. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Passing off
Sunset Clause
Habeas corpus

22. Author of the 1948 Universal Declaration of Human Rights
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
Sole proprietorship - partnership - and corporations
Summary conviction - indictable - and hybrid

23. Political - religious beliefs - and affiliations
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Creed
The 2 classes of servants
The 4 principles of Equal Pay legislation

24. what are the four purposes of sentencing?
John Humphrey
Specific deterrence - general deterrence - rehabilitation - protection of the public
The owner
Four purpose of sentencing

25. Laws duly enacted by a person or body having the authority to enact and enforce them.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reasons a contract may be impeached
Positive law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

26. Favoritism granted to relatives or friends regardless of merit
Nepotism
Exemplary damages
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.

27. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Intentional - Unintentional
Good Samaritan Legislation
Exceptions to the privity of contract rule
Discoveries Stage

28. Two types of negligence
Intentional - Unintentional
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Negligent Misrepresentation
Injurious Falsehood

29. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Equitable estoppel
'The thing speaks for itself'
Unilateral Contract

30. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Arraignment
51% or 52%
Summary conviction (minor) - indictable (serious) - hybrid

31. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Option
Personal and real
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Floating charge

32. What must be established to substantiate a claim for bailment?
Reasons a contract may be impeached
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
Positive law
Instances under which an offer lapses

33. What is the maximum weekly EI benefit?

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34. 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.
Fiduciary Duty
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
Gratuitous Promise
Thin Skull Rule

35. 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?
Breach of contract
Fiduciary Duty
4 items that should be included in the job description
Criminal - Family - Youth - Small claims court

36. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Negligence
Negligent Misrepresentation
Quantum merits
Reiver

37. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Easement
Slander and Libel
Unconscionable transactions

38. What are the 3 types of bailment?
Municipal government
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty
Exceptions to the privity of contract rule

39. How contracts can be discharged
Summary conviction - indictable - and hybrid
Creed
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
By Performance - By Agreement - By Frustration - By Operation of law

40. 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
Good Samaritan Legislation
Innocent - negligent - fraudulent
Theft of services
Passing off

41. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
51% or 52%
Natural Law
Agent
Landlord-tenant

42. Use of another company's business name or logo without permission.
Trademark infringement
Theft of services
Vicarious liability
Injurious Falsehood

43. An advertisement is an example of this... lets people know that you are ready to accept offers
Equity financing - debt financing - sale of assets
6 primary purposes of tort law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Invitation to treat

44. Law created by a person or body with authority to enact and enforce it
Private law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Positive Law
Reasons a contract may be impeached

45. Guilty act in Latin.
Passing off
Restrictive covenant
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Actus reus

46. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Creed
Innocent - negligent - fraudulent
Thin Skull Rule

47. Latin for 'the thing speaks for itself'
Exceptions to the privity of contract rule
Res ipsa loquitar
Gratuitous bailment
Vicarious Liability

48. Selling accounts receivable at a discount.
Gratuitous Promise
Absolute liability
Discoveries Stage
Factoring

49. What are the 5 tiers of the corporate structure.
Open and notorious - unchallenged - exclusive - continuous
Bona fide occupational requirement
Notary
Shareholders - board of directors - statutory officers - employees - and creditors

50. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Food and Drugs Act
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.
Passing off