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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. Promises made without consideration
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Consideration
Gratuitous Promise

2. What are three ways a contract is breached
4 items that should be included in the job description
Repudiation - Sabotage - Failure to perform
Mens rea
John Humphrey

3. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Damages that are imposed to punish and to make an example of the offending party

4. An agreement by an offeror to leave an offer open for a specified period of time
Substantive Law
Option
Acts of God - acts of a public enemy - guests' own negligence
Contributory negligence

5. What must be established to substantiate a claim for bailment?
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
The kinds of misrepresentation
Reasons a contract may be impeached
Summary conviction (minor) - indictable (serious) - hybrid

6. What are the 3 ways employment can be terminated?
Independent contractors - employees
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

7. Food poisoning from hamburger
John Humphrey
E. Coli
Bona fide occupational requirement
Sole proprietorship - partnership - and corporations

8. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Criminal - Family - Youth - Small claims court
Vicarious Liability
Neighbour principle

9. what are the four purposes of sentencing?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Specific deterrence - general deterrence - rehabilitation - protection of the public
Reasonable Person Test
The 2 classes of servants

10. Spoken and written defamation
Intentional torts
Slander and Libel
98%
John Humphrey

11. This person acts on behalf of the principal
Agent
Fiduciary Duty
Types of contracts which must be in writing
1) in the office - 2) every guestroom - and 3) public rooms (area).

12. What are the three kinds of misrepresentation?
Quantum merits
Innocent - negligent - fraudulent
E. Coli
Fiduciary Duty

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.
Substantive Law
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Thin Skull Rule

14. Governor general and lieutenant governors
Contributory Negligence
Royal prerogatives
Unconscionable transactions
Vicarious liability

15. Law based on moral - religious or philosophical grounds
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Natural Law
To 'perfect' a lien
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.

16. An advertisement is an example of this... lets people know that you are ready to accept offers
The owner
Unilateral Contract
Invitation to treat
Non delegable duty

17. Within the walls of the inn
Equitable estoppel
Infra hospitium
The items that should be included in a job description
98%

18. The division of law associated with interpersonal matters
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
Private law
Sole proprietorship - partnership - and corporations
Contributory negligence

19. How contracts can be discharged
Creed
51% or 52%
Criminal - Family - Youth - Small claims court
By Performance - By Agreement - By Frustration - By Operation of law

20. 5 reasons for evicting a guest.
Open and notorious - unchallenged - exclusive - continuous
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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.
420 to 700 hours depending on the regional unemployment rate

21. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Theft of services
Merit
Contributory negligence

22. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Players in the legal system
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.
Criminal - Family - Youth - Small claims court
Intentional torts

23. Someone who certifies documents - but does not draft documents
Reasons a contract may be impeached
Four purpose of sentencing
51% or 52%
Notary

24. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Gratuitous bailment
Ultra vires
Theft of services
Noncompetition/nonsolicitation clauses

25. A promise for an action
Res ipsa loquitar
Reasons a contract may be impeached
Summary conviction - Indictable - Hybrid
Unilateral Contract

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Intentional - Unintentional
Specific deterrence - general deterrence - rehabilitation - protection of the public
Common - mutual and unilateral.

27. What does BFOR stand for?
Neighbour principle
Bona fide occupational requirement
Stare decisis
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

28. Two types of negligence
Democratic rights to vote or run for election
General - Punitive - Exemplary
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Intentional - Unintentional

29. Which of the following rights does the Charter guarantee only to citizens of Canada
Quantum meruit
6 primary purposes of tort law
The kinds of misrepresentation
Democratic rights to vote or run for election

30. What does real property include?
Unconscionable transactions
Consideration
Stare decisis
Land - buildings - fixtures

31. Two kinds of negligence
Intentional - Unintentional
Quantum merits
John Humphrey
420 to 700 hours depending on the regional unemployment rate

32. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Actus reus
Municipal government
Unilateral Contract

33. List the 4 conditions of adverse possession. (squatter's rights)
Positive Law
Open and notorious - unchallenged - exclusive - continuous
Infra hospitium
Vicarious liability

34. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
General damages
Fiduciary Duty
Mens rea

35. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
The items that should be included in a job description
Non est factum
E. Coli

36. Amount added on to a usual charge for a specific product - purpose - or service.
Res ipsa loquitar
Land - buildings - fixtures
Criminal - Family - Youth - Small claims court
Surcharge

37. 3 types of business structures.
Reiver
Sole proprietorship - partnership - and corporations
Personal and real
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

38. Defaming a business - a product or a property rather than a person.
Option
Agent
Injurious Falsehood
John Humphrey

39. 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
Intentional - Unintentional
'The thing speaks for itself'
Food and Drugs Act

40. 2 classes of servants.
Contributory negligence
Independent contractors - employees
Non delegable duty
Uttering

41. A symbol - word - name or device used to identify or signify a company or its product.
51% or 52%
Uttering
Trade mark
Contributory negligence

42. 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
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.
Power of attorney
Contributory negligence
Option

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Actus reus
Duty to mitigate
Equity financing - debt financing - sale of assets
Passing off

44. The price a party pays for the promise.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Types of contracts which must be in writing
Consideration
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

45. A duty that cannot be given to someone else
Absolute liability
Non delegable duty
Unconscionable transactions
Power of attorney

46. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Option
Breach of contract
Res ipsa loquitar

47. Guilty mind.
Royal prerogatives
Mens rea
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

48. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Invitation to treat
The items that should be included in a job description
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
Non est factum

49. Latin for guilty act and guilty mind
Positive law
Actus reus and Mens rea
Absolute liability
The kinds of misrepresentation

50. A right to use another's land for a specific purpose.
Instances under which an offer lapses
Restrictive covenant
Easement
Repudiation - sabotage - failure to perform