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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. What are the 3 ways employment can be terminated?
Agent
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Vicarious liability
The kinds of misrepresentation

2. This relationship exists when one person has the power to affect another person's property or legal interests
Gratuitous bailment
Fiduciary Duty
Reiver
Innocent - negligent - fraudulent

3. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
The parol evidence rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
98%
Exceptions to the privity of contract rule

4. Damages are awarded to compensate the injured party
Trade mark
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
General damages
98%

5. 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.
Four purpose of sentencing
Fiduciary Duty
Option
Salmonella

6. 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.
Duty to mitigate
The 4 principles of Equal Pay legislation
Summary conviction - indictable - and hybrid

7. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort 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.
Contributory negligence
Good Samaritan Legislation

8. what are the four purposes of sentencing?
Power of Attorney
Democratic rights to vote or run for election
Exemplary damages
Specific deterrence - general deterrence - rehabilitation - protection of the public

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

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10. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Summary conviction (minor) - indictable (serious) - hybrid
Acts of God - acts of a public enemy - guests' own negligence
Passing off
Actus reus and Mens rea

11. 5 reasons for evicting a guest.
Actus reus
Reasons a contract may be impeached
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.
Infra hospitium

12. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Proximate cause of the injury
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Negligent Misrepresentation
The 4 principles of Equal Pay legislation

13. Once a contract is written - it cannot be changed without the consent of both parties
Defamation
Legal realism
Parol Evidence Rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

14. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Absolute liability
Res ipsa loquitar
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

15. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional
Contributory Negligence
Equitable estoppal

16. An advertisement is an example of this... lets people know that you are ready to accept offers
Repudiation - sabotage - failure to perform
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional torts
Invitation to treat

17. Author of the 1948 Universal Declaration of Human Rights
Easement
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Municipal government

18. Guilty mind.
Mens rea
Specific deterrence - general deterrence - rehabilitation - protection of the public
Fiduciary Duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

19. Surviving a falling elevator
Duty to mitigate
Substantive Law
Negligence
Lie flat to distribute the force of the impact

20. Latin term for 'On the face of it'.
Injurious Falsehood
Prima facie
Defamation
Financial disloyalty - falsified qualifications - gross and continuing incompetence

21. Defaming a business - a product or a property rather than a person.
Contributory negligence
Injurious Falsehood
Defenses to intentional Torts
Theft of services

22. 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
Easement
Non delegable duty
Reasons a contract may be impeached
The 4 principles of Equal Pay legislation

23. Guilty act in Latin.
Gratuitous bailment
E. Coli
Private law
Actus reus

24. In a criminal procedure list the 3 types of offenses
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Power of attorney
Summary conviction (minor) - indictable (serious) - hybrid
Food and Drugs Act

25. The level of government in charge of bylaws
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Constitution
Municipal government
Neighbour principle

26. What are the five stages of a civil action?
Discoveries Stage
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Option
General - Punitive - Exemplary

27. Law is whatever judges say it is...
Section 33 of the Charter
Power of attorney
Gratuitous Promise
Legal realism

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

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29. 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.
Noncompetition/nonsolicitation clauses
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious Liability
Equitable estoppel

30. What is the maximum weekly EI benefit?

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31. An agreement by an offeror to leave an offer open for a specified period of time
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Negligence
Thin Skull Rule
Option

32. A restriction placed on some aspect of land use.
Positive Law
Restrictive covenant
The 2 classes of servants
Noncompetition/nonsolicitation clauses

33. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Injurious Falsehood
Personal and real

34. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Agent
Fiduciary Duty
Passing off

35. Legal responsibility for the negligence of another person
Common - mutual and unilateral.
Consideration
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious liability

36. 'Reasonable worth of the good'
Power of attorney
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Invitation to treat
Quantum meruit

37. Spoken and written defamation
Slander and Libel
Innocent - negligent - fraudulent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Landlord-tenant

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
By Performance - By Agreement - By Frustration - By Operation of law
Theft of services

39. The price a party pays for the promise.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Thin Skull Rule

40. Two types of negligence
Fiduciary Duty
Parol Evidence Rule
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.
Intentional - Unintentional

41. Author of the Universal Declaration of Human Rights in 1948?
420 to 700 hours depending on the regional unemployment rate
Passing off
John Humphrey
Stare decisis

42. Division of law that defines rights and remedies
Equity financing - debt financing - sale of assets
The 4 principles of Equal Pay legislation
Substantive Law
John Humphrey

43. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
John Humphrey
Habeas corpus
Defenses to intentional Torts
Innocent - negligent - fraudulent

44. Three types of offences
Sole proprietorship - partnership - and corporations
Royal prerogatives
Equity financing - debt financing - sale of assets
Summary conviction - indictable - and hybrid

45. What are the two types of property?
Equitable estoppel
Personal and real
Trademark infringement
Contributory negligence

46. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Vicarious Liability
Positive law
Positive Law

47. What are three ways a contract is breached
Contributory negligence
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.
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform

48. An agreement by an offeror to leave an offer open for a specified period of time.
By Performance - By Agreement - By Frustration - By Operation of law
Option
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Repudiation - Sabotage - Failure to perform

49. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Thin Skull Rule
Price fixing
Negligent Misrepresentation
Intentional torts

50. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Habeas corpus
Easement
Specific deterrence - general deterrence - rehabilitation - protection of the public
Landlord-tenant