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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. It is not my deed
Non est factum
Theft of services
Unconscionable transactions
Habeas corpus

2. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Defenses to intentional Torts
420 to 700 hours depending on the regional unemployment rate
Sunset Clause

3. 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.
Open and notorious - unchallenged - exclusive - continuous
Exemplary damages
Noncompetition/nonsolicitation clauses
Positive Law

4. Who owns mislaid property?
Res ipsa loquitar
The owner
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

5. 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
Habeas corpus
Creed
Criminal - Family - Youth - Small claims court
Power of attorney

6. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Passing off
Res ipsa loquitar
Unconscionable transactions

7. Selling accounts receivable at a discount.
Sunset Clause
Factoring
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The items that should be included in a job description

8. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Summary conviction (minor) - indictable (serious) - hybrid
Discoveries Stage
Res ipsa loquitar
General - Punitive - Exemplary

9. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Food and Drugs Act
Breach of contract
Common - mutual and unilateral.

10. Favoritism granted to relatives or friends regardless of merit
Proximate cause of the injury
Intentional - Unintentional
Nepotism
Res ipsa loquitar

11. List the 4 conditions of adverse possession. (squatter's rights)
Exemplary damages
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Restrictive covenant
Open and notorious - unchallenged - exclusive - continuous

12. Under contract law - list the three types of mistake the law recognizes.
Sole proprietorship - partnership - and corporations
Common - mutual and unilateral.
Duty to mitigate
Neighbour principle

13. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
John Humphrey
Disclaimer
Intentional - Unintentional

14. Use of another company's business name or logo without permission.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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.
Players in the legal system
Trademark infringement

15. Promises made without consideration
Constitution
Independent contractors - employees
Gratuitous Promise
Slander and Libel

16. The most difficult element of negligence to prove
Substantive Law
The 2 classes of servants
Proximate cause of the injury
Damages that are imposed to punish and to make an example of the offending party

17. What are three ways a contract is breached?
Passing off
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Repudiation - sabotage - failure to perform
The 4 principles of Equal Pay legislation

18. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Nepotism
Habeas corpus
Disclaimer
Food and Drugs Act

19. Latin for guilty act and guilty mind
Salmonella
Quantum meruit
Exemplary damages
Actus reus and Mens rea

20. List remedies one would expect when a contract is breached
420 to 700 hours depending on the regional unemployment rate
Summary conviction - Indictable - Hybrid
Sunset Clause
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

21. Three types of offences
Summary conviction - indictable - and hybrid
Vicarious liability
Option
Quantum meruit

22. Once a contract is written - it cannot be changed without consent of both parties.
Easement
The parol evidence rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Summary conviction (minor) - indictable (serious) - hybrid

23. What are the 3 types of bailment?
Acts of God - acts of a public enemy - guests' own negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Mens rea
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

24. Surviving a falling elevator
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
John Humphrey
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Lie flat to distribute the force of the impact

25. 'Reasonable worth of the good'
Thin Skull Rule
Floating charge
Theft of services
Quantum meruit

26. 'To have the body'
Gratuitous Promise
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
Natural Law
Habeas corpus

27. A symbol - word - name or device used to identify or signify a company or its product.
Exemplary damages
Exceptions to the privity of contract rule
E. Coli
Trade mark

28. 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
Natural Law
Ultra vires
Option

29. Two kinds of negligence
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Acts of God - acts of a public enemy - guests' own negligence
Intentional - Unintentional
Reasons a contract may be impeached

30. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Types of contracts which must be in writing
General - Punitive - Exemplary
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Exceptions to the privity of contract rule

31. 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.
Floating charge
Intentional - Unintentional
51% or 52%
Equitable estoppel

32. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Injurious Falsehood
Equitable estoppel
Trademark infringement
Disclaimer

33. 'It stands decided'
4 items that should be included in the job description
Summary conviction - Indictable - Hybrid
Stare decisis
Reiver

34. Regulation - deterrence - compensation - dispute resolution - education and prevention
Consideration
Absolute liability
6 primary purposes of tort law
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

35. 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
Merit
Mens rea
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

36. Food poisoning from hamburger
The 2 classes of servants
Four purpose of sentencing
Actus reus
E. Coli

37. An agreement by an offeror to leave an offer open for a specified period of time.
51% or 52%
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

38. When 50 or more employees are laid off within 2 months.
Stare decisis
Positive law
Four purpose of sentencing
Group termination

39. Beyond a reasonable doubt is what probability
Common - mutual and unilateral.
98%
Bona fide occupational requirement
Easement

40. Latin term for 'On the face of it'.
Types of contracts which must be in writing
Uttering
Negligence Per se
Prima facie

41. 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.
Nepotism
Fiduciary Duty
Defenses to intentional Torts
Common - mutual and unilateral.

42. Damages are awarded to compensate the injured party
General damages
Breach of contract
Restrictive covenant
Boarding house - a rooming house - homes for seniors - and time-share arrangements

43. 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.
To 'perfect' a lien
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Theft of services
Democratic rights to vote or run for election

44. Law created by a person or body with authority to enact and enforce it
Equity financing - debt financing - sale of assets
Positive Law
Independent contractors - employees
Infra hospitium

45. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Theft of services
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
The items that should be included in a job description
Uttering

46. The plaintiff has been injured upon the result of his own negligence
General damages
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Players in the legal system
Contributory Negligence

47. Res ipsa loquitur

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48. Two types of negligence
Intentional - Unintentional
Salmonella
The 4 principles of Equal Pay legislation
Option

49. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
General - Punitive - Exemplary
Discoveries Stage
Summary conviction (minor) - indictable (serious) - hybrid

50. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Section 33 of the Charter
Vicarious Liability
Open and notorious - unchallenged - exclusive - continuous