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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. The plaintiff has been injured upon the result of his own negligence
Stare decisis
Contributory Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Gratuitous Promise

2. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Repudiation - sabotage - failure to perform
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Royal prerogatives

3. When 50 or more employees are laid off within 2 months.
Four purpose of sentencing
Group termination
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

4. Latin term for 'On the face of it'.
Easement
Summary conviction - Indictable - Hybrid
Prima facie
Innocent - negligent - fraudulent

5. Latin term for 'It is not my deed
Vicarious Liability
Non est factum
Damages that are imposed to punish and to make an example of the offending party
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

6. Law based on moral - religious or philosophical grounds
Private law
Power of Attorney
Natural Law
The items that should be included in a job description

7. A symbol - word - name or device used to identify or signify a company or its product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Trade mark
Private law

8. A promise for an action
Unilateral Contract
John Humphrey
Non est factum
Instances under which an offer lapses

9. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Negligent Misrepresentation

10. Favoritism granted to relatives or friends regardless of merit
Reasonable Person Test
Nepotism
Disclaimer
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

11. What are three ways a contract is breached?
Theft of services
Repudiation - sabotage - failure to perform
Stare decisis
John Humphrey

12. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Absolute liability
Types of contracts which must be in writing
To 'perfect' a lien
Democratic rights to vote or run for election

13. Amount added on to a usual charge for a specific product - purpose - or service.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Negligence Per se
Restrictive covenant
Surcharge

14. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Passing off
Neighbour principle
Sunset Clause
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

15. What are the 3 types of bailment?
Option
Sunset Clause
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction - indictable - and hybrid

16. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Independent contractors - employees
Food and Drugs Act
Infra hospitium
Exemplary damages

17. The price a party pays for the promise.
Consideration
Amortization
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unconscionable transactions

18. An agreement by an offeror to leave an offer open for a specified period of time.
Surcharge
Summary conviction (minor) - indictable (serious) - hybrid
Option
Uttering

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

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20. How contracts can be discharged
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasons a contract may be impeached
Ultra vires
By Performance - By Agreement - By Frustration - By Operation of law

21. Notices of statutory provisions limiting liability be posted where?
Constitution
1) in the office - 2) every guestroom - and 3) public rooms (area).
Reasons a contract may be impeached
Summary conviction - Indictable - Hybrid

22. How can an employer escape alcohol misuse liability?
Royal prerogatives
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.
Legal realism
Intentional torts

23. 'To have the body'
Criminal - Family - Youth - Small claims court
Habeas corpus
Fiduciary Duty
The items that should be included in a job description

24. Who owns mislaid property?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The owner
Damages that are imposed to punish and to make an example of the offending party
51% or 52%

25. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Infra hospitium
Consideration
Passing off

26. Two kinds of negligence
Agent
Good Samaritan Legislation
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

27. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
The items that should be included in a job description
Proximate cause of the injury
General - Punitive - Exemplary

28. 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
Negligence
Option
Noncompetition/nonsolicitation clauses

29. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Summary conviction - indictable - and hybrid
Intentional - Unintentional
Negligent Misrepresentation
Uttering

30. 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?
Breach of contract
Exemplary damages
Sunset Clause
Salmonella

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

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

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33. A duty that cannot be given to someone else
The owner
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Unilateral Contract
Non delegable duty

34. Innocent - negligent and fraudulent
The kinds of misrepresentation
John Humphrey
Intentional - Unintentional
Defenses to intentional Torts

35. Use of another company's business name or logo without permission.
The parol evidence rule
Trademark infringement
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

36. what are the four purposes of sentencing?
Stare decisis
Open and notorious - unchallenged - exclusive - continuous
Specific deterrence - general deterrence - rehabilitation - protection of the public
Democratic rights to vote or run for election

37. Selling accounts receivable at a discount.
Private law
Power of Attorney
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.
Factoring

38. List 5/6 items employers can expect from their employees
Actus reus and Mens rea
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Gratuitous bailment
Consideration

39. You shall have the body
Habeas corpus
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Express deposit

40. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Instances under which an offer lapses
Theft of services
Infra hospitium

41. First stage in a criminal court procedure
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
Arraignment
Duty to mitigate
The items that should be included in a job description

42. 5 reasons for evicting a guest.
By Performance - By Agreement - By Frustration - By Operation of law
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.
E. Coli
Group termination

43. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Substantive Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Restrictive covenant

44. Two types of negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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
Defenses to intentional Torts
Intentional - Unintentional

45. Beyond a reasonable doubt is what probability
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Landlord-tenant
Restrictive covenant
98%

46. Author of the 1948 Universal Declaration of Human Rights
Slander and Libel
John Humphrey
Noncompetition/nonsolicitation clauses
Duty to mitigate

47. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Habeas corpus
Disclaimer
Exemplary damages
Natural Law

48. What are the three kinds of misrepresentation?
Independent contractors - employees
Innocent - negligent - fraudulent
Vicarious liability
Negligent Misrepresentation

49. What would a careful - thoughtful person in the same circumstances have done
Personal and real
Reasonable Person Test
Parol Evidence Rule
Unilateral Contract

50. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Res ipsa loquitar
Shareholders - board of directors - statutory officers - employees - and creditors
Substantive Law