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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 restriction placed on some aspect of land use.
The parol evidence rule
Restrictive covenant
Exemplary damages
Parol Evidence Rule

2. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Duty to mitigate
Fiduciary Duty
51% or 52%

3. An agreement by an offeror to leave an offer open for a specified period of time
Option
Intentional torts
Easement
Exceptions to the privity of contract rule

4. The publication of a false statement about someone either verbally or in writing which damages their reputation
John Humphrey
Defamation
Vicarious liability
The 2 classes of servants

5. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Section 33 of the Charter
Stare decisis
Non delegable duty

6. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Habeas corpus
4 items that should be included in the job description
Prima facie
Power of Attorney

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

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8. Promises made without consideration
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Gratuitous Promise
Contributory Negligence
51% or 52%

9. 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
Amortization
Financial disloyalty - falsified qualifications - gross and continuing incompetence
E. Coli

10. A right to use another's land for a specific purpose.
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
John Humphrey
Easement

11. List 3 ways to finance a new or existing business.
Unconscionable transactions
Duty to mitigate
The 2 classes of servants
Equity financing - debt financing - sale of assets

12. Author of the Universal Declaration of Human Rights in 1948?
Positive law
Defenses to intentional Torts
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
John Humphrey

13. Beyond a reasonable doubt is what probability
Repudiation - sabotage - failure to perform
Equitable estoppal
98%
John Humphrey

14. What are three ways a contract is breached?
Negligence Per se
Repudiation - sabotage - failure to perform
Nepotism
General - Punitive - Exemplary

15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Noncompetition/nonsolicitation clauses
Reasons a contract may be impeached
Habeas corpus
420 to 700 hours depending on the regional unemployment rate

16. A duty that cannot be given to someone else
The 4 principles of Equal Pay legislation
Non delegable duty
Equitable estoppel
Amortization

17. Circumstances in which the authorities do not need a warrant to search your premises
Breach of contract
Municipal government
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
$413 or 55% of the claimant's average insured earnings (whichever is less)

18. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Exemplary damages
Defamation
Equitable estoppal

19. A symbol - word - name or device used to identify or signify a company or its product.
Equitable estoppal
Instances under which an offer lapses
Trade mark
Habeas corpus

20. Types of Damages
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
John Humphrey
Duty to mitigate
General - Punitive - Exemplary

21. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Absolute liability
Passing off
Instances under which an offer lapses
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

22. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Discoveries Stage
Habeas corpus
Negligence
Infra hospitium

23. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Proximate cause of the injury
Floating charge
Food and Drugs Act
Power of attorney

24. The division of law associated with interpersonal matters
Landlord-tenant
Private law
Uttering
Passing off

25. Law is whatever judges say it is...
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Legal realism
Gratuitous bailment
Section 33 of the Charter

26. 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
The 2 classes of servants
Open and notorious - unchallenged - exclusive - continuous
Positive Law

27. The amount he merits
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Specific deterrence - general deterrence - rehabilitation - protection of the public
Quantum merits
Reasons a contract may be impeached

28. Discrimination that is actually encouraged in our society
Merit
Floating charge
Shareholders - board of directors - statutory officers - employees - and creditors
Agent

29. In a criminal procedure list the 3 types of offenses
51% or 52%
Habeas corpus
Invitation to treat
Summary conviction (minor) - indictable (serious) - hybrid

30. Food Poisoning from chicken
Restrictive covenant
Food and Drugs Act
Unilateral Contract
Salmonella

31. Under contract law - list the three types of mistake the law recognizes.
Mens rea
Negligence
Power of attorney
Common - mutual and unilateral.

32. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Nepotism
Duty to mitigate
Proximate cause of the injury
General - Punitive - Exemplary

33. 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
Good Samaritan Legislation
Infra hospitium
Power of attorney
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

34. It is not my deed
By Performance - By Agreement - By Frustration - By Operation of law
Mens rea
Non est factum
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

35. Surviving a falling elevator
Lie flat to distribute the force of the impact
Parol Evidence Rule
Power of Attorney
Sole proprietorship - partnership - and corporations

36. How contracts can be discharged
Landlord-tenant
Gratuitous bailment
Fiduciary Duty
By Performance - By Agreement - By Frustration - By Operation of law

37. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
'The thing speaks for itself'
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Duty to mitigate

38. Political - religious beliefs - and affiliations
Creed
By Performance - By Agreement - By Frustration - By Operation of law
Quantum merits
420 to 700 hours depending on the regional unemployment rate

39. List the 3 subtle signs of intoxication.
Equity financing - debt financing - sale of assets
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Damages that are imposed to punish and to make an example of the offending party
Stare decisis

40. Favoritism granted to relatives or friends regardless of merit
Common - mutual and unilateral.
Sole proprietorship - partnership - and corporations
Damages that are imposed to punish and to make an example of the offending party
Nepotism

41. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Passing off
Injurious Falsehood
The parol evidence rule

42. What must be established to substantiate a claim for bailment?
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
Open and notorious - unchallenged - exclusive - continuous
Innocent - negligent - fraudulent
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

43. What are the two types of property?
Contributory Negligence
Personal and real
Royal prerogatives
The 4 principles of Equal Pay legislation

44. Who owns mislaid property?
The owner
Price fixing
Substantive Law
Contributory Negligence

45. Most difficult element of negligence to prove
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Option
Theft of services
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

46. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
The 2 classes of servants
Non est factum
Constitution
The parol evidence rule

47. 5 reasons for evicting a guest.
Intentional - Unintentional
To 'perfect' a lien
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.
4 items that should be included in the job description

48. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Equitable estoppel
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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contributory Negligence

49. First stage in a criminal court procedure
Thin Skull Rule
Arraignment
By Performance - By Agreement - By Frustration - By Operation of law
Reiver

50. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Actus reus
Equitable estoppal
Notary
Option