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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. 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
Negligent Misrepresentation
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
Absolute liability
Floating charge

2. Favoritism granted to relatives or friends regardless of merit
Nepotism
Good Samaritan Legislation
Contributory negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

3. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Acts of God - acts of a public enemy - guests' own negligence
Equity financing - debt financing - sale of assets
Ultra vires

4. An agreement by an offeror to leave an offer open for a specified period of time.
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.
Exceptions to the privity of contract rule
Negligent Misrepresentation
Option

5. Independent contractors and employees.
The 2 classes of servants
Thin Skull Rule
Equitable estoppel
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

6. Who owns mislaid property?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Natural Law
The owner

7. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Creed
Discoveries Stage
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
Food and Drugs Act

8. List the 3 subtle signs of intoxication.
Reasons a contract may be impeached
Prima facie
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

9. A promise for an action
Unilateral Contract
Equitable estoppal
Sole proprietorship - partnership - and corporations
Consideration

10. Three types of intangibles
Theft of services
Actus reus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

11. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
51% or 52%
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Theft of services

12. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Theft of services
Shareholders - board of directors - statutory officers - employees - and creditors
Defenses to intentional Torts

13. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Fiduciary Duty
Absolute liability
Summary conviction - Indictable - Hybrid

14. Guilty mind.
Contributory negligence
Slander and Libel
Mens rea
Prima facie

15. Two types of negligence
The items that should be included in a job description
Habeas corpus
John Humphrey
Intentional - Unintentional

16. A duty that cannot be given to someone else
Salmonella
Non delegable duty
Prima facie
'The thing speaks for itself'

17. What are three ways a contract is breached
98%
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.
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform

18. Selling accounts receivable at a discount.
Gratuitous Promise
Factoring
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Open and notorious - unchallenged - exclusive - continuous

19. An advertisement is an example of this... lets people know that you are ready to accept offers
Shareholders - board of directors - statutory officers - employees - and creditors
Noncompetition/nonsolicitation clauses
The 4 principles of Equal Pay legislation
Invitation to treat

20. Law is whatever judges say it is...
Slander and Libel
Equity financing - debt financing - sale of assets
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.
Legal realism

21. Defaming a business - a product or a property rather than a person.
Equitable estoppal
Summary conviction (minor) - indictable (serious) - hybrid
Injurious Falsehood
Power of attorney

22. Food poisoning from hamburger
Duty to mitigate
E. Coli
Exemplary damages
Instances under which an offer lapses

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Landlord-tenant
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Negligence
Passing off

24. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Creed
Personal and real
Food and Drugs Act

25. A restriction placed on some aspect of land use.
Parol Evidence Rule
Restrictive covenant
Proximate cause of the injury
Absolute liability

26. Accommodations that are not considered 'inns'.
Types of contracts which must be in writing
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Pleadings - discoveries - pretrial and or mediation - trial - appeals

27. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Positive Law
Creed
Defenses to intentional Torts

28. Balance of probability needed to win a civil case
Invitation to treat
Substantive Law
51% or 52%
Notary

29. This person acts on behalf of the principal
Agent
Fiduciary Duty
Duty to mitigate
Passing off

30. 3 types of business structures.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Vicarious liability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sole proprietorship - partnership - and corporations

31. Damages are awarded to compensate the injured party
Parol Evidence Rule
Proximate cause of the injury
General damages
Non est factum

32. Minimum amount of hours needed to be eligible for EI benefits.
Landlord-tenant
Damages that are imposed to punish and to make an example of the offending party
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
420 to 700 hours depending on the regional unemployment rate

33. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Non delegable duty
Passing off
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.

34. List the 4 conditions of adverse possession. (squatter's rights)
Gratuitous bailment
Positive Law
Open and notorious - unchallenged - exclusive - continuous
Absolute liability

35. 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.
Noncompetition/nonsolicitation clauses
Absolute liability
Negligence
Equitable estoppel

36. In a criminal procedure list the 3 types of offenses
Duty to mitigate
General - Punitive - Exemplary
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence

37. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Discoveries Stage
Easement
Invitation to treat

38. A right to use another's land for a specific purpose.
Acts of God - acts of a public enemy - guests' own negligence
Infra hospitium
Open and notorious - unchallenged - exclusive - continuous
Easement

39. List remedies one would expect when a contract is breached
The parol evidence rule
Good Samaritan Legislation
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Restrictive covenant

40. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Discoveries Stage
Food and Drugs Act
The kinds of misrepresentation
6 primary purposes of tort law

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

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42. Law based on moral - religious or philosophical grounds
Factoring
Natural Law
John Humphrey
The 4 principles of Equal Pay legislation

43. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
51% or 52%
Consideration
Summary conviction - indictable - and hybrid

44. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Fiduciary Duty
Amortization
Thin Skull Rule

45. Division of Lower Provincial Courts
Negligence
Reasonable Person Test
Exemplary damages
Criminal - Family - Youth - Small claims court

46. An agreement by an offeror to leave an offer open for a specified period of time
Mens rea
Natural Law
Option
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

47. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
The items that should be included in a job description
Sole proprietorship - partnership - and corporations
Landlord-tenant
Food and Drugs Act

48. What are the five stages of a civil action?
98%
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
Shareholders - board of directors - statutory officers - employees - and creditors
Pleadings - discoveries - pretrial and or mediation - trial - appeals

49. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
51% or 52%
Parol Evidence Rule
Specific deterrence - general deterrence - rehabilitation - protection of the public
Constitution

50. 2 classes of servants.
Gratuitous bailment
Positive law
Arraignment
Independent contractors - employees