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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. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Notary
Summary conviction - Indictable - Hybrid
John Humphrey
Negligence

2. Accommodations that are not considered 'inns'.
Easement
Prima facie
Damages that are imposed to punish and to make an example of the offending party
Boarding house - a rooming house - homes for seniors - and time-share arrangements

3. Use of another company's business name or logo without permission.
Positive law
Trademark infringement
Repudiation - Sabotage - Failure to perform
Positive Law

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

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5. What are exemplary damages?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
Equitable estoppal

6. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Fiduciary Duty
Unconscionable transactions
Contributory Negligence
Consideration

7. A symbol - word - name or device used to identify or signify a company or its product.
Equitable estoppal
To 'perfect' a lien
Trade mark
Proximate cause of the injury

8. Res ipsa loquitur

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9. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Reasonable Person Test
Four purpose of sentencing
Uttering

10. 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
Salmonella
Non est factum
Vicarious Liability

11. The price a party pays for the promise.
Consideration
Prima facie
Substantive Law
General damages

12. First stage in a criminal court procedure
Damages that are imposed to punish and to make an example of the offending party
Mens rea
Proximate cause of the injury
Arraignment

13. What are the 3 types of bailment?
Breach of contract
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exceptions to the privity of contract rule
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.

14. Law is whatever judges say it is...
Legal realism
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Personal and real
Passing off

15. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Trademark infringement
Injurious Falsehood
E. Coli

16. Spoken and written defamation
Summary conviction (minor) - indictable (serious) - hybrid
Trade mark
Floating charge
Slander and Libel

17. When two or more suppliers conspire to set prices.
Price fixing
John Humphrey
Notary
Gratuitous Promise

18. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
6 primary purposes of tort law
Neighbour principle
To 'perfect' a lien

19. Promises made without consideration
Gratuitous Promise
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
Parol Evidence Rule

20. Legal responsibility for the negligence of another person
E. Coli
Open and notorious - unchallenged - exclusive - continuous
Prima facie
Vicarious liability

21. A duty that cannot be given to someone else
Repudiation - Sabotage - Failure to perform
Non delegable duty
Summary conviction - indictable - and hybrid
Exceptions to the privity of contract rule

22. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Actus reus and Mens rea
Negligence Per se
John Humphrey

23. 'To have the body'
Habeas corpus
Price fixing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The items that should be included in a job description

24. What is the maximum weekly EI benefit?

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25. 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
Good Samaritan Legislation
Duty to mitigate
Negligence Per se

26. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
420 to 700 hours depending on the regional unemployment rate
Res ipsa loquitar
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

27. Another word for 'reafian'?
General - Punitive - Exemplary
Land - buildings - fixtures
Neighbour principle
Reiver

28. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
420 to 700 hours depending on the regional unemployment rate
Injurious Falsehood
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.

29. Balance of probability needed to win a civil case
Res ipsa loquitar
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
6 primary purposes of tort law
51% or 52%

30. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Quantum meruit
Independent contractors - employees
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

31. Once a contract is written - it cannot be changed without the consent of both parties
Surcharge
Parol Evidence Rule
Quantum meruit
51% or 52%

32. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Section 33 of the Charter
Equitable estoppel
Summary conviction (minor) - indictable (serious) - hybrid

33. A promise for an action
Duty to mitigate
Unilateral Contract
Natural Law
Fiduciary Duty

34. This relationship exists when one person has the power to affect another person's property or legal interests
Group termination
Discoveries Stage
Habeas corpus
Fiduciary Duty

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

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36. The publication of a false statement about someone either verbally or in writing which damages their reputation
Royal prerogatives
Negligence Per se
Surcharge
Defamation

37. Two kinds of negligence
Theft of services
Intentional - Unintentional
Natural Law
Group termination

38. 5 reasons for evicting a guest.
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.
Innocent - negligent - fraudulent
Unilateral Contract
Quantum meruit

39. Guilty mind.
Mens rea
Res ipsa loquitar
Floating charge
Municipal government

40. Types of Damages
Arraignment
Theft of services
Acts of God - acts of a public enemy - guests' own negligence
General - Punitive - Exemplary

41. 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
Sunset Clause
Royal prerogatives
Intentional torts

42. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Land - buildings - fixtures
Unconscionable transactions
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

43. What must be established to substantiate a claim for bailment?
Stare decisis
Neighbour principle
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
Reasonable Person Test

44. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Passing off
Equitable estoppal

45. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Reasons a contract may be impeached
98%
Infra hospitium

46. An advertisement is an example of this... lets people know that you are ready to accept offers
Easement
Contributory Negligence
Prima facie
Invitation to treat

47. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Salmonella
Instances under which an offer lapses
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

48. A person who becomes ill but did not pay for the meal can sue the establishment
Royal prerogatives
Vicarious Liability
Neighbour principle
420 to 700 hours depending on the regional unemployment rate

49. Law created by a person or body with authority to enact and enforce it
By Performance - By Agreement - By Frustration - By Operation of law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Acts of God - acts of a public enemy - guests' own negligence
Positive Law

50. Independent contractors and employees.
Democratic rights to vote or run for election
Vicarious Liability
Positive Law
The 2 classes of servants