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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. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
The 4 principles of Equal Pay legislation
Uttering
Easement
Positive Law

2. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Negligence
Unilateral Contract
Duty to mitigate
Absolute liability

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

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4. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
6 primary purposes of tort law
Bona fide occupational requirement
Disclaimer
Passing off

5. Law created by a person or body with authority to enact and enforce it
Constitution
Positive Law
Express deposit
Sole proprietorship - partnership - and corporations

6. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Passing off
Ultra vires
Exceptions to the privity of contract rule
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

7. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
E. Coli
Repudiation - sabotage - failure to perform
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

8. Beyond a reasonable doubt is what probability
Summary conviction (minor) - indictable (serious) - hybrid
98%
Independent contractors - employees
Duty to mitigate

9. Two types of negligence
Legal realism
Shareholders - board of directors - statutory officers - employees - and creditors
Equity financing - debt financing - sale of assets
Intentional - Unintentional

10. Author of the 1948 Universal Declaration of Human Rights
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Negligent Misrepresentation

11. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Actus reus and Mens rea
Floating charge
Gratuitous Promise

12. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Consideration
Actus reus
Duty to mitigate
Four purpose of sentencing

13. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Reasonable Person Test
Exceptions to the privity of contract rule
Landlord-tenant

14. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory negligence
Notary

15. A promise for an action
Passing off
Unilateral Contract
Discoveries Stage
Natural Law

16. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Personal and real
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Democratic rights to vote or run for election

17. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Merit
Shareholders - board of directors - statutory officers - employees - and creditors
Open and notorious - unchallenged - exclusive - continuous

18. What are the 5 tiers of the corporate structure.
Unconscionable transactions
Royal prerogatives
Shareholders - board of directors - statutory officers - employees - and creditors
Gratuitous bailment

19. Bailment for the sole benefit of the bailor.
Types of contracts which must be in writing
Repudiation - Sabotage - Failure to perform
Power of attorney
Gratuitous bailment

20. It is not my deed
Damages that are imposed to punish and to make an example of the offending party
Non est factum
1) in the office - 2) every guestroom - and 3) public rooms (area).
51% or 52%

21. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Positive Law
Nepotism
Habeas corpus
Duty to mitigate

22. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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23. 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.
Theft of services
Proximate cause of the injury
Injurious Falsehood
Stare decisis

24. Independent contractors and employees.
Reasonable Person Test
Shareholders - board of directors - statutory officers - employees - and creditors
The 2 classes of servants
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

25. A person who becomes ill but did not pay for the meal can sue the establishment
Gratuitous bailment
Gratuitous Promise
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Neighbour principle

26. Minimum amount of hours needed to be eligible for EI benefits.
Slander and Libel
420 to 700 hours depending on the regional unemployment rate
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Common - mutual and unilateral.

27. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Absolute liability
Common - mutual and unilateral.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

28. Food poisoning from hamburger
E. Coli
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Notary
98%

29. Res ipsa loquitur

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30. Someone who certifies documents - but does not draft documents
Reasons a contract may be impeached
Notary
Reasonable Person Test
Defenses to intentional Torts

31. 'Reasonable worth of the good'
Independent contractors - employees
420 to 700 hours depending on the regional unemployment rate
Quantum meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

32. What does BFOR stand for?
Bona fide occupational requirement
Criminal - Family - Youth - Small claims court
98%
Boarding house - a rooming house - homes for seniors - and time-share arrangements

33. Fundamental freedoms in Section 2 of the Charter
Infra hospitium
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
Invitation to treat

34. 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.
Gratuitous Promise
Res ipsa loquitar
John Humphrey

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

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36. Damages are awarded to compensate the injured party
Passing off
General damages
Summary conviction (minor) - indictable (serious) - hybrid
Arraignment

37. When two or more suppliers conspire to set prices.
Contributory Negligence
Personal and real
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Price fixing

38. What must be established to substantiate a claim for bailment?
Power of attorney
Innocent - negligent - fraudulent
Exceptions to the privity of contract rule
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

39. What are three ways a contract is breached?
51% or 52%
Repudiation - sabotage - failure to perform
Summary conviction - Indictable - Hybrid
Constitution

40. List remedies one would expect when a contract is breached
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Slander and Libel

41. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Power of Attorney
Equitable estoppel
Negligence Per se
Parol Evidence Rule

42. The exchange of benefits; the price a party pays for the promise
Consideration
Fiduciary Duty
Damages that are imposed to punish and to make an example of the offending party
The 4 principles of Equal Pay legislation

43. A right to use another's land for a specific purpose.
Easement
Trade mark
Reasonable Person Test
Ultra vires

44. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Negligence Per se
Intentional - Unintentional
Express deposit
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

45. First stage in a criminal court procedure
The 2 classes of servants
Quantum merits
Arraignment
Non est factum

46. Which of the following rights does the Charter guarantee only to citizens of Canada
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
John Humphrey
Natural Law
Democratic rights to vote or run for election

47. When 50 or more employees are laid off within 2 months.
Proximate cause of the injury
Group termination
Sunset Clause
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

48. What are three ways a contract is breached
Amortization
General damages
Contributory negligence
Repudiation - Sabotage - Failure to perform

49. 5 possible consequences if you default on your mortgage?
Notary
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exemplary damages
Reasons a contract may be impeached

50. 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.
Trade mark
Noncompetition/nonsolicitation clauses
Sole proprietorship - partnership - and corporations
To 'perfect' a lien