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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. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Quantum meruit
Gratuitous Promise
Passing off

2. what are the four purposes of sentencing?
Nepotism
Power of Attorney
Notary
Specific deterrence - general deterrence - rehabilitation - protection of the public

3. 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
Vicarious Liability
Exemplary damages
Invitation to treat
The owner

4. The amount he merits
Option
Prima facie
Unilateral Contract
Quantum merits

5. What are the 5 tiers of the corporate structure.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
By Performance - By Agreement - By Frustration - By Operation of law
6 primary purposes of tort law
Shareholders - board of directors - statutory officers - employees - and creditors

6. What are the 3 ways employment can be terminated?
420 to 700 hours depending on the regional unemployment rate
Contributory negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Defenses to intentional Torts

7. Favoritism granted to relatives or friends regardless of merit
Defenses to intentional Torts
Creed
Nepotism
Parol Evidence Rule

8. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Reasonable Person Test
Repudiation - Sabotage - Failure to perform
John Humphrey

9. 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.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Theft of services
Democratic rights to vote or run for election

10. What are exemplary damages?
Passing off
Damages that are imposed to punish and to make an example of the offending party
Creed
Gratuitous Promise

11. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Power of Attorney
Notary

12. This relationship exists when one person has the power to affect another person's property or legal interests
98%
Reasonable Person Test
Fiduciary Duty
Infra hospitium

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.
Arraignment
Good Samaritan Legislation
Thin Skull Rule
Disclaimer

14. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Gratuitous Promise
Gratuitous bailment
Personal and real

15. The division of law associated with interpersonal matters
Non delegable duty
Private law
Exemplary damages
Amortization

16. List 3 ways to finance a new or existing business.
Express deposit
Surcharge
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Equity financing - debt financing - sale of assets

17. 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
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Non delegable duty
Negligent Misrepresentation
Amortization

18. What does BFOR stand for?
Gratuitous Promise
General damages
Exceptions to the privity of contract rule
Bona fide occupational requirement

19. A restriction placed on some aspect of land use.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Thin Skull Rule
Bona fide occupational requirement
Restrictive covenant

20. 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
Summary conviction (minor) - indictable (serious) - hybrid
Passing off
Municipal government
Power of attorney

21. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Exceptions to the privity of contract rule
Negligence
Intentional torts
Fiduciary Duty

22. A promise for an action
Unilateral Contract
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
Nepotism
General - Punitive - Exemplary

23. Under contract law - list the three types of mistake the law recognizes.
Equity financing - debt financing - sale of assets
Constitution
Vicarious Liability
Common - mutual and unilateral.

24. Law created by a person or body with authority to enact and enforce it
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Positive Law
The 4 principles of Equal Pay legislation
Vicarious liability

25. Author of the Universal Declaration of Human Rights in 1948?
Infra hospitium
John Humphrey
1) in the office - 2) every guestroom - and 3) public rooms (area).
Habeas corpus

26. Latin term for 'It is not my deed
Bona fide occupational requirement
Power of attorney
John Humphrey
Non est factum

27. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Democratic rights to vote or run for election
Uttering
Reasons a contract may be impeached
Specific deterrence - general deterrence - rehabilitation - protection of the public

28. Author of the Universal Declaration of Human Rights
Theft of services
Notary
John Humphrey
Invitation to treat

29. Governor general and lieutenant governors
Reasonable Person Test
Food and Drugs Act
Sunset Clause
Royal prerogatives

30. Three types of offences
Instances under which an offer lapses
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction - indictable - and hybrid

31. Notices of statutory provisions limiting liability be posted where?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Equity financing - debt financing - sale of assets
1) in the office - 2) every guestroom - and 3) public rooms (area).
Instances under which an offer lapses

32. Fundamental freedoms in Section 2 of the Charter
Defamation
Legal realism
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Non delegable duty

33. The price a party pays for the promise.
Intentional torts
Absolute liability
The 4 principles of Equal Pay legislation
Consideration

34. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
John Humphrey
Express deposit
Private law
Landlord-tenant

35. A plaintiff is partly or solely the cause of his or her own injury.
Food and Drugs Act
Intentional - Unintentional
Non est factum
Contributory negligence

36. Two kinds of negligence
6 primary purposes of tort law
Intentional - Unintentional
Habeas corpus
Non delegable duty

37. 3 types of business structures.
Exceptions to the privity of contract rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Sole proprietorship - partnership - and corporations
Salmonella

38. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Ultra vires
Acts of God - acts of a public enemy - guests' own negligence
Infra hospitium
Types of contracts which must be in writing

39. List the 4 conditions of adverse possession. (squatter's rights)
Consideration
Intentional - Unintentional
Power of attorney
Open and notorious - unchallenged - exclusive - continuous

40. Independent contractors and employees.
The 2 classes of servants
Negligence Per se
Actus reus and Mens rea
Proximate cause of the injury

41. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Land - buildings - fixtures
Discoveries Stage
Merit
Absolute liability

42. Two types of negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public
General damages
Common - mutual and unilateral.
Intentional - Unintentional

43. How contracts can be discharged
Non est factum
Creed
Floating charge
By Performance - By Agreement - By Frustration - By Operation of law

44. 'To have the body'
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consideration
Habeas corpus
Neighbour principle

45. An advertisement is an example of this... lets people know that you are ready to accept offers
Noncompetition/nonsolicitation clauses
Invitation to treat
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contributory negligence

46. Law is whatever judges say it is...
Legal realism
Option
Positive Law
Slander and Libel

47. Division of Lower Provincial Courts
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Criminal - Family - Youth - Small claims court
Uttering
6 primary purposes of tort law

48. Another word for 'reafian'?
Reiver
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Section 33 of the Charter

49. Allows a legislation to override the Charter
Landlord-tenant
Summary conviction - Indictable - Hybrid
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Section 33 of the Charter

50. List 5/6 items employers can expect from their employees
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Common - mutual and unilateral.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Exceptions to the privity of contract rule