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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. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Acts of God - acts of a public enemy - guests' own negligence
'The thing speaks for itself'
Equitable estoppel

2. Beyond a reasonable doubt is what probability
98%
Ultra vires
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Defamation

3. 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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Habeas corpus
Bona fide occupational requirement
Thin Skull Rule

4. 'Reasonable worth of the good'
Express deposit
Lie flat to distribute the force of the impact
Quantum meruit
Reasons a contract may be impeached

5. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The items that should be included in a job description
Equitable estoppel

6. This relationship exists when one person has the power to affect another person's property or legal interests
Actus reus and Mens rea
'The thing speaks for itself'
Res ipsa loquitar
Fiduciary Duty

7. Types of Damages
General - Punitive - Exemplary
The items that should be included in a job description
51% or 52%
Section 33 of the Charter

8. What are the two types of property?
The 2 classes of servants
Personal and real
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Exemplary damages

9. Two kinds of negligence
Intentional - Unintentional
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
Private law
Disclaimer

10. 'It stands decided'
Stare decisis
Criminal - Family - Youth - Small claims court
'The thing speaks for itself'
Group termination

11. Promises made without consideration
Mens rea
Gratuitous Promise
Easement
To 'perfect' a lien

12. Defaming a business - a product or a property rather than a person.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Injurious Falsehood
Natural Law
Creed

13. Spoken and written defamation
Types of contracts which must be in writing
Slander and Libel
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

14. 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
Absolute liability
Contributory negligence
The items that should be included in a job description

15. 2 classes of servants.
The items that should be included in a job description
Trade mark
Positive Law
Independent contractors - employees

16. Latin term for 'It is not my deed
Non est factum
Natural Law
Neighbour principle
Habeas corpus

17. Latin term for 'On the face of it'.
Prima facie
Bona fide occupational requirement
Reasonable Person Test
Agent

18. Division of law that defines rights and remedies
Substantive Law
Thin Skull Rule
Legal realism
Surcharge

19. A restriction placed on some aspect of land use.
Disclaimer
Restrictive covenant
Price fixing
Negligence

20. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
The kinds of misrepresentation
Reasonable Person Test
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

21. Legal responsibility for the negligence of another person
Easement
Independent contractors - employees
Vicarious liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

22. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
The owner
Exceptions to the privity of contract rule
Negligent Misrepresentation
Duty to mitigate

23. Political - religious beliefs - and affiliations
Common - mutual and unilateral.
Negligence Per se
Creed
Food and Drugs Act

24. 5 reasons for evicting a guest.
Acts of God - acts of a public enemy - guests' own negligence
By Performance - By Agreement - By Frustration - By Operation of law
Merit
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.

25. Use of another company's business name or logo without permission.
Option
Trademark infringement
Option
By Performance - By Agreement - By Frustration - By Operation of law

26. It is not my deed
Quantum merits
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Contributory Negligence
Non est factum

27. A symbol - word - name or device used to identify or signify a company or its product.
Discoveries Stage
Trade mark
Defenses to intentional Torts
Non est factum

28. Food Poisoning from chicken
Instances under which an offer lapses
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
By Performance - By Agreement - By Frustration - By Operation of law
Salmonella

29. Law based on moral - religious or philosophical grounds
Positive Law
Natural Law
Absolute liability
Breach of contract

30. what are the four purposes of sentencing?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Specific deterrence - general deterrence - rehabilitation - protection of the public
Players in the legal system
Neighbour principle

31. How can an employer escape alcohol misuse liability?
Amortization
98%
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.
Natural Law

32. Regulation - deterrence - compensation - dispute resolution - education and prevention
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Financial disloyalty - falsified qualifications - gross and continuing incompetence
6 primary purposes of tort law
Specific deterrence - general deterrence - rehabilitation - protection of the public

33. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Defenses to intentional Torts
Food and Drugs Act
Intentional torts
Disclaimer

34. Author of the Universal Declaration of Human Rights
The kinds of misrepresentation
John Humphrey
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory negligence

35. First stage in a criminal court procedure
The items that should be included in a job description
Amortization
Actus reus and Mens rea
Arraignment

36. Res ipsa loquitur

37. The period of time required to pay off the principal completely at a set interest rate.
Group termination
Amortization
Innocent - negligent - fraudulent
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

38. Surviving a falling elevator
Substantive Law
Passing off
Lie flat to distribute the force of the impact
Positive Law

39. 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
Sunset Clause
Mens rea
Vicarious Liability
Breach of contract

40. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Good Samaritan Legislation
Defamation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

41. A plaintiff is partly or solely the cause of his or her own injury.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Unconscionable transactions
The 2 classes of servants
Contributory negligence

42. A duty that cannot be given to someone else
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.
Non delegable duty
Arraignment
Section 33 of the Charter

43. Damages are awarded to compensate the injured party
Municipal government
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
General damages
Summary conviction - Indictable - Hybrid

44. An agreement by an offeror to leave an offer open for a specified period of time
Non est factum
Option
Agent
Nepotism

45. 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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Passing off
Theft of services
Passing off

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

47. Discrimination that is actually encouraged in our society
Lie flat to distribute the force of the impact
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Merit
Reasons a contract may be impeached

48. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Actus reus and Mens rea
Shareholders - board of directors - statutory officers - employees - and creditors
Power of Attorney
Breach of contract

49. The publication of a false statement about someone either verbally or in writing which damages their reputation
Instances under which an offer lapses
Price fixing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Defamation

50. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Equitable estoppal
Reasonable Person Test
Absolute liability
Summary conviction (minor) - indictable (serious) - hybrid