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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. 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
Repudiation - Sabotage - Failure to perform
Vicarious Liability
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

2. Two types of negligence
Non est factum
Intentional - Unintentional
Defamation
Reiver

3. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Damages that are imposed to punish and to make an example of the offending party
Consideration
Negligence
Negligent Misrepresentation

4. What is the maximum weekly EI benefit?

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5. Division of Lower Provincial Courts
Floating charge
Criminal - Family - Youth - Small claims court
Absolute liability
Arraignment

6. Author of the Universal Declaration of Human Rights in 1948?
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
John Humphrey
Absolute liability

7. 3 types of business structures.
Sole proprietorship - partnership - and corporations
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
Quantum merits
Slander and Libel

8. Division of law that defines rights and remedies
Option
Floating charge
Unconscionable transactions
Substantive Law

9. Regulation - deterrence - compensation - dispute resolution - education and prevention
Common - mutual and unilateral.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Quantum merits
6 primary purposes of tort law

10. Innocent - negligent and fraudulent
The kinds of misrepresentation
Option
Contributory negligence
Summary conviction - Indictable - Hybrid

11. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Open and notorious - unchallenged - exclusive - continuous
Instances under which an offer lapses
Price fixing

12. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
6 primary purposes of tort law
Surcharge
Landlord-tenant

13. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Group termination
Floating charge
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

14. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Positive Law
Sole proprietorship - partnership - and corporations
Private law
Express deposit

15. Fundamental freedoms in Section 2 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
The owner
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Habeas corpus

16. Which of the following rights does the Charter guarantee only to citizens of Canada
Trade mark
Democratic rights to vote or run for election
Constitution
Ultra vires

17. What are the 5 tiers of the corporate structure.
Noncompetition/nonsolicitation clauses
Municipal government
Good Samaritan Legislation
Shareholders - board of directors - statutory officers - employees - and creditors

18. Types of Damages
General - Punitive - Exemplary
Arraignment
Gratuitous bailment
Instances under which an offer lapses

19. A promise for an action
Unilateral Contract
Breach of contract
The owner
The parol evidence rule

20. Allows a legislation to override the Charter
Stare decisis
Reiver
Section 33 of the Charter
Prima facie

21. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Consideration
Gratuitous bailment
Contributory Negligence

22. A restriction placed on some aspect of land use.
Restrictive covenant
The 2 classes of servants
Types of contracts which must be in writing
Reasonable Person Test

23. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Bona fide occupational requirement
Defamation
Intentional torts
To 'perfect' a lien

24. Latin for 'the thing speaks for itself'
Vicarious Liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Res ipsa loquitar
Fiduciary Duty

25. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Noncompetition/nonsolicitation clauses
General - Punitive - Exemplary
Trade mark

26. 'It stands decided'
420 to 700 hours depending on the regional unemployment rate
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Stare decisis
Habeas corpus

27. When two or more suppliers conspire to set prices.
Stare decisis
Shareholders - board of directors - statutory officers - employees - and creditors
Natural Law
Price fixing

28. A right to use another's land for a specific purpose.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Discoveries Stage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Easement

29. What are the 3 ways employment can be terminated?
Trade mark
Sunset Clause
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

30. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Constitution
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Summary conviction (minor) - indictable (serious) - hybrid

31. Res ipsa loquitur

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32. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Players in the legal system
To 'perfect' a lien
Invitation to treat

33. Laws duly enacted by a person or body having the authority to enact and enforce them.
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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Positive law
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

34. Alcohol misuse under the Liquor License Act
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Exceptions to the privity of contract rule
Nepotism

35. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
By Performance - By Agreement - By Frustration - By Operation of law
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

36. Author of the Universal Declaration of Human Rights
Mens rea
Fiduciary Duty
John Humphrey
Section 33 of the Charter

37. What are three ways a contract is breached
Unconscionable transactions
'The thing speaks for itself'
98%
Repudiation - Sabotage - Failure to perform

38. What does BFOR stand for?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Absolute liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Bona fide occupational requirement

39. Defaming a business - a product or a property rather than a person.
Substantive Law
Price fixing
Nepotism
Injurious Falsehood

40. Once a contract is written - it cannot be changed without consent of both parties.
General damages
The parol evidence rule
Shareholders - board of directors - statutory officers - employees - and creditors
Trademark infringement

41. Use of another company's business name or logo without permission.
Infra hospitium
Thin Skull Rule
The 4 principles of Equal Pay legislation
Trademark infringement

42. The level of government in charge of bylaws
Personal and real
Floating charge
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.
Municipal government

43. Four methods to prevent potential legal action against your business.
Negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defenses to intentional Torts
51% or 52%

44. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
The 4 principles of Equal Pay legislation
Quantum merits
Intentional - Unintentional
Natural Law

45. List the 3 subtle signs of intoxication.
Breach of contract
Arraignment
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

46. A plaintiff is partly or solely the cause of his or her own injury
Landlord-tenant
Thin Skull Rule
Non est factum
Contributory negligence

47. Author of the 1948 Universal Declaration of Human Rights
Open and notorious - unchallenged - exclusive - continuous
Reiver
Creed
John Humphrey

48. What are the two types of property?
Contributory negligence
Unconscionable transactions
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Personal and real

49. Legislators - judges - jurors - lawyers - clients and police
Breach of contract
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exemplary damages
Players in the legal system

50. Legal responsibility for the negligence of another person
Factoring
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Parol Evidence Rule
Vicarious liability