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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. 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
Passing off
Intentional - Unintentional
Infra hospitium
Good Samaritan Legislation

2. Another word for 'reafian'?
Thin Skull Rule
Fiduciary Duty
Reiver
John Humphrey

3. When the public is misled into believing that one company's goods or services are those a similar brand or product
Floating charge
Negligence Per se
Passing off
Landlord-tenant

4. Legislators - judges - jurors - lawyers - clients and police
Types of contracts which must be in writing
Players in the legal system
John Humphrey
Express deposit

5. Under contract law - list the three types of mistake the law recognizes.
420 to 700 hours depending on the regional unemployment rate
Common - mutual and unilateral.
4 items that should be included in the job description
Passing off

6. list 4 elements of bailment
Trade mark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The items that should be included in a job description
Section 33 of the Charter

7. Guilty act in Latin.
Defenses to intentional Torts
Actus reus
Municipal government
Exemplary damages

8. Conditions for rightful dismissal.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 4 principles of Equal Pay legislation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Breach of contract

9. Damages imposed to make an example of the wrongdoer
Habeas corpus
Injurious Falsehood
Exemplary damages
Lie flat to distribute the force of the impact

10. List the 4 conditions of adverse possession. (squatter's rights)
Actus reus
Consideration
Gratuitous bailment
Open and notorious - unchallenged - exclusive - continuous

11. A restriction placed on some aspect of land use.
'The thing speaks for itself'
Restrictive covenant
Equitable estoppel
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

12. What are the two types of property?
Personal and real
Players in the legal system
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.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

13. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Food and Drugs Act
Actus reus
Exceptions to the privity of contract rule

14. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Constitution
Municipal government
The owner

15. What must be established to substantiate a claim for bailment?
Negligent Misrepresentation
Negligence Per se
Reasonable Person Test
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

16. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Quantum merits
The items that should be included in a job description
The kinds of misrepresentation

17. 5 reasons for evicting a guest.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Thin Skull Rule
Royal prerogatives
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.

18. 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
Instances under which an offer lapses
Power of attorney
The owner
Mens rea

19. Fundamental freedoms in Section 2 of the Charter
Discoveries Stage
Quantum merits
Vicarious liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

20. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Negligence Per se
Discoveries Stage
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

21. An agreement by an offeror to leave an offer open for a specified period of time
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Option
Legal realism
Democratic rights to vote or run for election

22. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Absolute liability
Unilateral Contract

23. How can an employer escape alcohol misuse liability?
Passing off
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.
Invitation to treat
Intentional - Unintentional

24. Damages are awarded to compensate the injured party
Shareholders - board of directors - statutory officers - employees - and creditors
General damages
Independent contractors - employees
Floating charge

25. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
'The thing speaks for itself'
Unconscionable transactions
Res ipsa loquitar
Acts of God - acts of a public enemy - guests' own negligence

26. A plaintiff is partly or solely the cause of his or her own injury
Consideration
Infra hospitium
John Humphrey
Contributory negligence

27. Minimum amount of hours needed to be eligible for EI benefits.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction - indictable - and hybrid
420 to 700 hours depending on the regional unemployment rate
$413 or 55% of the claimant's average insured earnings (whichever is less)

28. Types of Damages
Legal realism
Exceptions to the privity of contract rule
General - Punitive - Exemplary
Theft of services

29. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Parol Evidence Rule
Breach of contract
Contributory negligence
Sunset Clause

30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
'The thing speaks for itself'
Royal prerogatives

31. A right to use another's land for a specific purpose.
Consideration
Easement
Non delegable duty
Actus reus

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Non est factum
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Instances under which an offer lapses

33. what are the four purposes of sentencing?
Vicarious liability
Personal and real
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contributory negligence

34. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Theft of services
Four purpose of sentencing
Equitable estoppal
51% or 52%

35. Independent contractors and employees.
Shareholders - board of directors - statutory officers - employees - and creditors
The 2 classes of servants
Innocent - negligent - fraudulent
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

36. Legal responsibility for the negligence of another person
Common - mutual and unilateral.
Vicarious liability
Trademark infringement
Acts of God - acts of a public enemy - guests' own negligence

37. The division of law associated with interpersonal matters
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.
Lie flat to distribute the force of the impact
Private law
'The thing speaks for itself'

38. The plaintiff has been injured upon the result of his own negligence
Disclaimer
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Contributory Negligence
Summary conviction (minor) - indictable (serious) - hybrid

39. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Summary conviction - indictable - and hybrid
Habeas corpus
51% or 52%

40. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Vicarious liability
Noncompetition/nonsolicitation clauses
Notary

41. The price a party pays for the promise.
Contributory Negligence
Consideration
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Stare decisis

42. Law based on moral - religious or philosophical grounds
51% or 52%
Habeas corpus
Mens rea
Natural Law

43. Author of the Universal Declaration of Human Rights
Legal realism
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
John Humphrey

44. Someone who certifies documents - but does not draft documents
Mens rea
Notary
Trademark infringement
The owner

45. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Natural Law
Trademark infringement
Discoveries Stage

46. Food Poisoning from chicken
Instances under which an offer lapses
Salmonella
Absolute liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence

47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Option
Option
Noncompetition/nonsolicitation clauses
Types of contracts which must be in writing

48. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Bona fide occupational requirement
Habeas corpus
Option

49. Governor general and lieutenant governors
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.
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.
Amortization

50. Accommodations that are not considered 'inns'.
Price fixing
Trade mark
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Consideration