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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Equity financing - debt financing - sale of assets
Equitable estoppel
Habeas corpus

2. Latin for guilty act and guilty mind
Lie flat to distribute the force of the impact
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Actus reus and Mens rea
Salmonella

3. 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
Stare decisis
Vicarious Liability
1) in the office - 2) every guestroom - and 3) public rooms (area).

4. 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.
Fiduciary Duty
Infra hospitium
Theft of services
Merit

5. What does BFOR stand for?
Non delegable duty
Amortization
Negligence
Bona fide occupational requirement

6. Once a contract is written - it cannot be changed without consent of both parties.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Substantive Law
Defamation
The parol evidence rule

7. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Acts of God - acts of a public enemy - guests' own 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
Instances under which an offer lapses
Landlord-tenant

8. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Exceptions to the privity of contract rule
Types of contracts which must be in writing
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.
Arraignment

9. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Section 33 of the Charter
Nepotism
Independent contractors - employees

10. When the police do not need a warrant to search your residence and/or business?
Price fixing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

11. Damages are awarded to compensate the injured party
General damages
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Ultra vires
The items that should be included in a job description

12. 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
Shareholders - board of directors - statutory officers - employees - and creditors
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Ultra vires
Infra hospitium

13. Latin term for 'It is not my deed
Non est factum
Negligence
Neighbour principle
Royal prerogatives

14. Selling accounts receivable at a discount.
Factoring
The 2 classes of servants
Vicarious Liability
Floating charge

15. What are the two types of property?
Personal and real
Land - buildings - fixtures
Criminal - Family - Youth - Small claims court
Shareholders - board of directors - statutory officers - employees - and creditors

16. Law created by a person or body with authority to enact and enforce it
Non est factum
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Common - mutual and unilateral.
Positive Law

17. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Gratuitous bailment
The owner
Reasons a contract may be impeached
Shareholders - board of directors - statutory officers - employees - and creditors

18. What are the 5 tiers of the corporate structure.
Proximate cause of the injury
Shareholders - board of directors - statutory officers - employees - and creditors
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 4 principles of Equal Pay legislation

19. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Floating charge
Shareholders - board of directors - statutory officers - employees - and creditors
Power of attorney

20. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
The parol evidence rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Positive law

21. Promises made without consideration
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Nepotism
Neighbour principle
Gratuitous Promise

22. Legal responsibility for the negligence of another person
Criminal - Family - Youth - Small claims court
Discoveries Stage
Vicarious liability
Stare decisis

23. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
John Humphrey
Intentional torts
Equitable estoppel

24. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
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
Power of Attorney
Discoveries Stage
Noncompetition/nonsolicitation clauses

25. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Discoveries Stage
Express deposit
Duty to mitigate
Summary conviction (minor) - indictable (serious) - hybrid

26. Damages imposed to make an example of the wrongdoer
Exemplary damages
Repudiation - sabotage - failure to perform
The items that should be included in a job description
Reasonable Person Test

27. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unconscionable transactions
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

28. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Quantum meruit
Intentional - Unintentional
Fiduciary Duty

29. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
1) in the office - 2) every guestroom - and 3) public rooms (area).
51% or 52%

30. First stage in a criminal court procedure
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Arraignment
Nepotism
Substantive Law

31. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Sunset Clause
Actus reus and Mens rea
Absolute liability
Trade mark

32. What are the 3 ways employment can be terminated?
Royal prerogatives
Common - mutual and unilateral.
Invitation to treat
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

33. This person acts on behalf of the principal
Agent
Repudiation - sabotage - failure to perform
Positive Law
4 items that should be included in the job description

34. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Democratic rights to vote or run for election
Constitution
Proximate cause of the injury
Positive Law

35. Political - religious beliefs - and affiliations
Notary
Equitable estoppel
Actus reus and Mens rea
Creed

36. Bailment for the sole benefit of the bailor.
Food and Drugs Act
Gratuitous bailment
Land - buildings - fixtures
Contributory negligence

37. 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.
Contributory negligence
$413 or 55% of the claimant's average insured earnings (whichever is less)
Noncompetition/nonsolicitation clauses
Restrictive covenant

38. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Royal prerogatives
Unconscionable transactions
Slander and Libel
Four purpose of sentencing

39. Notices of statutory provisions limiting liability be posted where?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
1) in the office - 2) every guestroom - and 3) public rooms (area).
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

40. 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
Sunset Clause
Negligence Per se
Reiver

41. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Thin Skull Rule
By Performance - By Agreement - By Frustration - By Operation of law
Disclaimer
Financial disloyalty - falsified qualifications - gross and continuing incompetence

42. Types of Damages
Contributory negligence
General - Punitive - Exemplary
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Passing off

43. Res ipsa loquitur

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44. An agreement by an offeror to leave an offer open for a specified period of time.
Negligence Per se
General - Punitive - Exemplary
Option
Exemplary damages

45. What are the three kinds of misrepresentation?
6 primary purposes of tort law
The kinds of misrepresentation
E. Coli
Innocent - negligent - fraudulent

46. An advertisement is an example of this... lets people know that you are ready to accept offers
Shareholders - board of directors - statutory officers - employees - and creditors
Quantum meruit
Equitable estoppel
Invitation to treat

47. Someone who certifies documents - but does not draft documents
Vicarious liability
Notary
Equitable estoppel
Consideration

48. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Negligence Per se
Factoring
Equitable estoppel

49. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Summary conviction - indictable - and hybrid
Negligence Per se
Fiduciary Duty
Vicarious liability

50. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Passing off
Section 33 of the Charter
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals