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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. Law based on moral - religious or philosophical grounds
Breach of contract
The items that should be included in a job description
'The thing speaks for itself'
Natural Law

2. Latin term for 'It is not my deed
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Non delegable duty
Non est factum
John Humphrey

3. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Quantum meruit
Intentional torts
Instances under which an offer lapses
Exemplary damages

4. The publication of a false statement about someone either verbally or in writing which damages their reputation
John Humphrey
Quantum merits
Defamation
Unconscionable transactions

5. Legislators - judges - jurors - lawyers - clients and police
4 items that should be included in the job description
Players in the legal system
Passing off
Repudiation - sabotage - failure to perform

6. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Group termination
Invitation to treat
E. Coli

7. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Merit
Summary conviction (minor) - indictable (serious) - hybrid
Option

8. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Types of contracts which must be in writing
Salmonella
Land - buildings - fixtures

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
General damages
The items that should be included in a job description
Positive law
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

10. Regulation - deterrence - compensation - dispute resolution - education and prevention
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
51% or 52%
6 primary purposes of tort law
Slander and Libel

11. Latin term for 'On the face of it'.
Habeas corpus
Land - buildings - fixtures
Prima facie
Notary

12. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Option
Good Samaritan Legislation
Intentional torts

13. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Damages that are imposed to punish and to make an example of the offending party
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
Instances under which an offer lapses

14. what are the four purposes of sentencing?
Creed
Specific deterrence - general deterrence - rehabilitation - protection of the public
E. Coli
Duty to mitigate

15. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Intentional - Unintentional
Common - mutual and unilateral.
Infra hospitium

16. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Independent contractors - employees
6 primary purposes of tort law
Equitable estoppel
Sunset Clause

17. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
6 primary purposes of tort law
Infra hospitium
Arraignment

18. Promises made without consideration
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.
General damages
Gratuitous Promise

19. Within the walls of the inn
Infra hospitium
Reasons a contract may be impeached
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Breach of contract

20. What are the two types of property?
Duty to mitigate
Personal and real
'The thing speaks for itself'
Creed

21. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Quantum meruit
Land - buildings - fixtures
Boarding house - a rooming house - homes for seniors - and time-share arrangements

22. Balance of probability needed to win a civil case
Slander and Libel
Vicarious liability
Express deposit
51% or 52%

23. Bailment for the sole benefit of the bailor.
Criminal - Family - Youth - Small claims court
Private law
Prima facie
Gratuitous bailment

24. 'Reasonable worth of the good'
Quantum meruit
Vicarious liability
Sole proprietorship - partnership - and corporations
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

25. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Quantum merits
Intentional - Unintentional
The 4 principles of Equal Pay legislation

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Unconscionable transactions
Democratic rights to vote or run for election
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Exceptions to the privity of contract rule

27. The amount he merits
Trademark infringement
Fiduciary Duty
Quantum merits
Good Samaritan Legislation

28. 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
Habeas corpus
Four purpose of sentencing
Restrictive covenant

29. Division of law that defines rights and remedies
Injurious Falsehood
Substantive Law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Unilateral Contract

30. The most difficult element of negligence to prove
Municipal government
Constitution
Stare decisis
Proximate cause of the injury

31. Laws duly enacted by a person or body having the authority to enact and enforce them.
Vicarious Liability
Positive law
Unconscionable transactions
Arraignment

32. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Unilateral Contract
Duty to mitigate
Four purpose of sentencing
Habeas corpus

33. Damages imposed to make an example of the wrongdoer
Consideration
Summary conviction (minor) - indictable (serious) - hybrid
Shareholders - board of directors - statutory officers - employees - and creditors
Exemplary damages

34. A right to use another's land for a specific purpose.
Legal realism
Fiduciary Duty
Easement
Group termination

35. Author of the 1948 Universal Declaration of Human Rights
Lie flat to distribute the force of the impact
Invitation to treat
John Humphrey
Injurious Falsehood

36. 2 classes of servants.
Democratic rights to vote or run for election
Landlord-tenant
Independent contractors - employees
Substantive Law

37. Once a contract is written - it cannot be changed without the consent of both parties
Repudiation - sabotage - failure to perform
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
Parol Evidence Rule
Injurious Falsehood

38. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Private law
To 'perfect' a lien
Unilateral Contract

39. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Negligence Per se
The 2 classes of servants
Non est factum

40. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Shareholders - board of directors - statutory officers - employees - and creditors
Natural Law
Arraignment

41. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The owner
John Humphrey
Bona fide occupational requirement

42. Four methods to prevent potential legal action against your business.
Reiver
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Noncompetition/nonsolicitation clauses
98%

43. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Non est factum
Types of contracts which must be in writing
Quantum merits
Defamation

44. 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
'The thing speaks for itself'
Good Samaritan Legislation
Notary
Fiduciary Duty

45. Guilty mind.
Reasonable Person Test
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Mens rea

46. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Good Samaritan Legislation
Exceptions to the privity of contract rule
Substantive Law

47. Two kinds of negligence
98%
Parol Evidence Rule
Sunset Clause
Intentional - Unintentional

48. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Exceptions to the privity of contract rule
Reasons a contract may be impeached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Legal realism

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

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50. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Section 33 of the Charter
Passing off
Absolute liability