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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. Which of the following rights does the Charter guarantee only to citizens of Canada
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.
Democratic rights to vote or run for election
Section 33 of the Charter
Consideration

2. The exchange of benefits; the price a party pays for the promise
4 items that should be included in the job description
By Performance - By Agreement - By Frustration - By Operation of law
Consideration
Group termination

3. What does real property include?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Repudiation - Sabotage - Failure to perform
John Humphrey
Land - buildings - fixtures

4. What are three ways a contract is breached
Res ipsa loquitar
Floating charge
Breach of contract
Repudiation - Sabotage - Failure to perform

5. What are some of the conditions for rightful dismissal?
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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Intentional torts

6. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Trademark infringement
Passing off
Open and notorious - unchallenged - exclusive - continuous

7. It is not my deed
Non est factum
Good Samaritan Legislation
Section 33 of the Charter
Vicarious Liability

8. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Contributory negligence
Passing off
Summary conviction - Indictable - Hybrid

9. Author of the Universal Declaration of Human Rights
General - Punitive - Exemplary
Surcharge
John Humphrey
420 to 700 hours depending on the regional unemployment rate

10. Types of Damages
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
General - Punitive - Exemplary
Creed

11. Who owns mislaid property?
By Performance - By Agreement - By Frustration - By Operation of law
The owner
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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.

12. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Positive law
Types of contracts which must be in writing
Vicarious Liability
Summary conviction (minor) - indictable (serious) - hybrid

13. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Damages that are imposed to punish and to make an example of the offending party
Disclaimer
Equitable estoppel
Vicarious Liability

14. In a criminal procedure list the 3 types of offenses
Creed
Summary conviction (minor) - indictable (serious) - hybrid
$413 or 55% of the claimant's average insured earnings (whichever is less)
Municipal government

15. 5 reasons for evicting a guest.
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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Restrictive covenant
Agent

16. List remedies one would expect when a contract is breached
The 2 classes of servants
Actus reus and Mens rea
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
4 items that should be included in the job description

17. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Arraignment
Trademark infringement
Sunset Clause
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

18. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Injurious Falsehood
Defenses to intentional Torts
The items that should be included in a job description
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

19. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Landlord-tenant
Nepotism
General - Punitive - Exemplary
Intentional torts

20. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Notary
The 4 principles of Equal Pay legislation

21. Division of law that defines rights and remedies
Infra hospitium
Nepotism
Equitable estoppel
Substantive Law

22. Three types of offences
Summary conviction - indictable - and hybrid
Express deposit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Open and notorious - unchallenged - exclusive - continuous

23. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Non est factum
Arraignment
Unconscionable transactions
Discoveries Stage

24. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Reasons a contract may be impeached
Boarding house - a rooming house - homes for seniors - and time-share arrangements
'The thing speaks for itself'

25. List 3 ways to finance a new or existing business.
Vicarious liability
Amortization
Equity financing - debt financing - sale of assets
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

26. What are the three exceptions to the common law absolute liability rule.

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27. What must be established to substantiate a claim for bailment?
Defenses to intentional Torts
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence

28. The publication of a false statement about someone either verbally or in writing which damages their reputation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Contributory Negligence
John Humphrey
Defamation

29. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Negligence
Non delegable duty
1) in the office - 2) every guestroom - and 3) public rooms (area).

30. Favoritism granted to relatives or friends regardless of merit
Nepotism
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

31. list 4 elements of bailment
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.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Fiduciary Duty
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

32. You shall have the body
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Types of contracts which must be in writing
Habeas corpus

33. This person acts on behalf of the principal
Defenses to intentional Torts
Good Samaritan Legislation
General - Punitive - Exemplary
Agent

34. Amount added on to a usual charge for a specific product - purpose - or service.
Constitution
Surcharge
Lie flat to distribute the force of the impact
Private law

35. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Infra hospitium
Good Samaritan Legislation
Landlord-tenant

36. Law based on moral - religious or philosophical grounds
Creed
Exemplary damages
Natural Law
Agent

37. 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.
Sole proprietorship - partnership - and corporations
The kinds of misrepresentation
Thin Skull Rule
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. Discrimination that is actually encouraged in our society
Discoveries Stage
Merit
Legal realism
Actus reus

39. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Merit
Slander and Libel
Duty to mitigate

40. 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
Arraignment
Vicarious Liability
Contributory negligence
Infra hospitium

41. 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.
Option
Noncompetition/nonsolicitation clauses
Common - mutual and unilateral.
Royal prerogatives

42. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Repudiation - Sabotage - Failure to perform
Option
Absolute liability
John Humphrey

43. The level of government in charge of bylaws
Municipal government
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Acts of God - acts of a public enemy - guests' own negligence
Passing off

44. What are the three kinds of misrepresentation?
The items that should be included in a job description
Innocent - negligent - fraudulent
Reasonable Person Test
Common - mutual and unilateral.

45. Political - religious beliefs - and affiliations
Exemplary damages
Creed
Salmonella
Duty to mitigate

46. Four methods to prevent potential legal action against your business.
Innocent - negligent - fraudulent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contributory negligence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

47. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Arraignment
Actus reus
Innocent - negligent - fraudulent

48. What are the two types of property?
Infra hospitium
Personal and real
Discoveries Stage
Contributory negligence

49. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Players in the legal system
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Vicarious liability
Negligence Per se

50. Latin for guilty act and guilty mind
Power of attorney
Group termination
Actus reus and Mens rea
Stare decisis