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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. A person who becomes ill but did not pay for the meal can sue the establishment
Reiver
98%
Neighbour principle
Legal realism

2. This person acts on behalf of the principal
Agent
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Slander and Libel
Power of Attorney

3. Governor general and lieutenant governors
Independent contractors - employees
Royal prerogatives
Factoring
Easement

4. 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.
Thin Skull Rule
Noncompetition/nonsolicitation clauses
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Gratuitous bailment

5. The exchange of benefits; the price a party pays for the promise
Notary
Intentional - Unintentional
Creed
Consideration

6. Use of another company's business name or logo without permission.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trademark infringement
The owner
Slander and Libel

7. Surviving a falling elevator
Lie flat to distribute the force of the impact
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Landlord-tenant

8. A symbol - word - name or device used to identify or signify a company or its product.
Constitution
Fiduciary Duty
Option
Trade mark

9. 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
General - Punitive - Exemplary
Group termination
51% or 52%
Good Samaritan Legislation

10. What are the 3 ways employment can be terminated?
Substantive Law
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Breach of contract
Specific deterrence - general deterrence - rehabilitation - protection of the public

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

12. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Uttering
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

13. List 3 ways to finance a new or existing business.
Infra hospitium
Absolute liability
Equity financing - debt financing - sale of assets
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

14. 'It stands decided'
Summary conviction (minor) - indictable (serious) - hybrid
Non est factum
Stare decisis
Specific deterrence - general deterrence - rehabilitation - protection of the public

15. The division of law associated with interpersonal matters
Private law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Duty to mitigate
Negligent Misrepresentation

16. What are the 3 types of bailment?
Intentional torts
John Humphrey
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Salmonella

17. Latin term for 'It is not my deed
Non est factum
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Thin Skull Rule
Positive law

18. Latin for guilty act and guilty mind
Actus reus and Mens rea
Equitable estoppel
Absolute liability
Mens rea

19. An agreement by an offeror to leave an offer open for a specified period of time
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Slander and Libel
Thin Skull Rule

20. A plaintiff is partly or solely the cause of his or her own injury
E. Coli
John Humphrey
Contributory negligence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

21. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Lie flat to distribute the force of the impact
Proximate cause of the injury
Innocent - negligent - fraudulent
Ultra vires

22. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Amortization
Floating charge
Thin Skull Rule
Negligence

23. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Equitable estoppal
Contributory negligence
Exemplary damages
Breach of contract

24. Promises made without consideration
Express deposit
Gratuitous Promise
Sole proprietorship - partnership - and corporations
Common - mutual and unilateral.

25. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Exceptions to the privity of contract rule
Consideration
Salmonella

26. Damages imposed to make an example of the wrongdoer
Express deposit
Exemplary damages
Negligent Misrepresentation
Lie flat to distribute the force of the impact

27. The price a party pays for the promise.
Innocent - negligent - fraudulent
The items that should be included in a job description
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
Consideration

28. 'To have the body'
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
E. Coli
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
Habeas corpus

29. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Express deposit
Surcharge
Neighbour principle

30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Acts of God - acts of a public enemy - guests' own negligence
Uttering
Unconscionable transactions
4 items that should be included in the job description

31. Under contract law - list the three types of mistake the law recognizes.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Common - mutual and unilateral.

32. Food Poisoning from chicken
Salmonella
Merit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Express deposit

33. List remedies one would expect when a contract is breached
Reasons a contract may be impeached
Equitable estoppel
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction (minor) - indictable (serious) - hybrid

34. Discrimination that is actually encouraged in our society
Quantum merits
Discoveries Stage
Merit
Types of contracts which must be in writing

35. Balance of probability needed to win a civil case
Equity financing - debt financing - sale of assets
Fiduciary Duty
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.
51% or 52%

36. A right to use another's land for a specific purpose.
Breach of contract
Actus reus and Mens rea
Thin Skull Rule
Easement

37. Who owns mislaid property?
Discoveries Stage
Actus reus and Mens rea
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.
The owner

38. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Factoring
Parol Evidence Rule
'The thing speaks for itself'

39. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
'The thing speaks for itself'
Equitable estoppal
51% or 52%
Prima facie

40. Alcohol misuse under the Liquor License Act
Gratuitous bailment
Summary conviction - indictable - and hybrid
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

41. Notices of statutory provisions limiting liability be posted where?
Types of contracts which must be in writing
Exemplary damages
1) in the office - 2) every guestroom - and 3) public rooms (area).
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.

42. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Negligence Per se
Section 33 of the Charter
Exceptions to the privity of contract rule
Breach of contract

43. When two or more suppliers conspire to set prices.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Criminal - Family - Youth - Small claims court
Price fixing
Contributory negligence

44. what are the four purposes of sentencing?
Power of attorney
Discoveries Stage
Consideration
Specific deterrence - general deterrence - rehabilitation - protection of the public

45. Independent contractors and employees.
Absolute liability
The 2 classes of servants
Non est factum
Discoveries Stage

46. List the 3 subtle signs of intoxication.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Consideration
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Power of Attorney

47. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Independent contractors - employees
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Restrictive covenant

48. What is the maximum weekly EI benefit?

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49. 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
Price fixing
Vicarious Liability
Invitation to treat
The parol evidence rule

50. The plaintiff has been injured upon the result of his own negligence
Stare decisis
Equitable estoppal
Contributory Negligence
Salmonella