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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. Types of Damages
General - Punitive - Exemplary
Infra hospitium
Creed
Shareholders - board of directors - statutory officers - employees - and creditors

2. The division of law associated with interpersonal matters
Food and Drugs Act
Private law
Vicarious liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

3. When two or more suppliers conspire to set prices.
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.
Criminal - Family - Youth - Small claims court
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.
Price fixing

4. Law created by a person or body with authority to enact and enforce it
Positive Law
Surcharge
Fiduciary Duty
Natural Law

5. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration
Power of Attorney
Passing off

6. Guilty mind.
Municipal government
Non est factum
Four purpose of sentencing
Mens rea

7. Amount added on to a usual charge for a specific product - purpose - or service.
Quantum merits
Food and Drugs Act
Surcharge
Summary conviction - Indictable - Hybrid

8. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Restrictive covenant
4 items that should be included in the job description
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

9. What are the 3 types of bailment?
Reasonable Person Test
Summary conviction - indictable - and hybrid
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
$413 or 55% of the claimant's average insured earnings (whichever is less)

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

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11. The price a party pays for the promise.
Consideration
Trademark infringement
Nepotism
Equitable estoppal

12. A restriction placed on some aspect of land use.
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
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.
Restrictive covenant
Arraignment

13. What are the five stages of a civil action?
The kinds of misrepresentation
Non est factum
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Shareholders - board of directors - statutory officers - employees - and creditors

14. Once a contract is written - it cannot be changed without the consent of both parties
Passing off
'The thing speaks for itself'
Agent
Parol Evidence Rule

15. 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.
Noncompetition/nonsolicitation clauses
Contributory Negligence
General - Punitive - Exemplary
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

16. Food Poisoning from chicken
Salmonella
Absolute liability
Actus reus and Mens rea
Exceptions to the privity of contract rule

17. Conditions for rightful dismissal.
Types of contracts which must be in writing
Exceptions to the privity of contract rule
Uttering
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

18. 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
Quantum merits
Slander and Libel
Vicarious Liability
Defenses to intentional Torts

19. In a criminal procedure list the 3 types of offenses
Landlord-tenant
Equitable estoppel
Types of contracts which must be in writing
Summary conviction (minor) - indictable (serious) - hybrid

20. When 50 or more employees are laid off within 2 months.
Negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Group termination

21. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Vicarious liability
Infra hospitium
Land - buildings - fixtures

22. A person who becomes ill but did not pay for the meal can sue the establishment
51% or 52%
Four purpose of sentencing
Neighbour principle
Vicarious Liability

23. What would a careful - thoughtful person in the same circumstances have done
98%
Reasonable Person Test
Duty to mitigate
Restrictive covenant

24. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
The items that should be included in a job description
Food and Drugs Act
Restrictive covenant
Actus reus and Mens rea

25. 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.
Exemplary damages
Theft of services
Exceptions to the privity of contract rule
Actus reus and Mens rea

26. An agreement by an offeror to leave an offer open for a specified period of time.
Option
The items that should be included in a job description
Quantum meruit
1) in the office - 2) every guestroom - and 3) public rooms (area).

27. First stage in a criminal court procedure
Reasonable Person Test
Discoveries Stage
Arraignment
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

28. what are the four purposes of sentencing?
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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Sunset Clause
John Humphrey

29. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Negligence Per se
Positive Law
Exceptions to the privity of contract rule

30. Laws duly enacted by a person or body having the authority to enact and enforce them.
6 primary purposes of tort law
Neighbour principle
$413 or 55% of the claimant's average insured earnings (whichever is less)
Positive law

31. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Food and Drugs Act
Negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

32. The plaintiff has been injured upon the result of his own negligence
Actus reus
Contributory Negligence
Types of contracts which must be in writing
Natural Law

33. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Personal and real
Types of contracts which must be in writing
Trade mark

34. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Players in the legal system
Private law
Open and notorious - unchallenged - exclusive - continuous

35. What must be established to substantiate a claim for bailment?
The 2 classes of servants
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
Vicarious liability
$413 or 55% of the claimant's average insured earnings (whichever is less)

36. Damages imposed to make an example of the wrongdoer
Exemplary damages
Royal prerogatives
Common - mutual and unilateral.
Surcharge

37. Notices of statutory provisions limiting liability be posted where?
The kinds of misrepresentation
Thin Skull Rule
Vicarious liability
1) in the office - 2) every guestroom - and 3) public rooms (area).

38. This person acts on behalf of the principal
Agent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Four purpose of sentencing
Quantum merits

39. Division of law that defines rights and remedies
Repudiation - Sabotage - Failure to perform
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Substantive Law
Habeas corpus

40. Selling accounts receivable at a discount.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Gratuitous Promise
Factoring

41. Fundamental freedoms in Section 2 of the Charter
Prima facie
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Landlord-tenant
Power of Attorney

42. Latin for 'the thing speaks for itself'
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Municipal government
Defamation
Res ipsa loquitar

43. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Royal prerogatives
Option
Absolute liability
Intentional torts

44. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Prima facie
420 to 700 hours depending on the regional unemployment rate
Personal and real

45. Food poisoning from hamburger
Repudiation - sabotage - failure to perform
Thin Skull Rule
E. Coli
Discoveries Stage

46. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Natural Law
Res ipsa loquitar
Passing off
Negligent Misrepresentation

47. Author of the Universal Declaration of Human Rights in 1948?
The 2 classes of servants
Acts of God - acts of a public enemy - guests' own negligence
John Humphrey
Slander and Libel

48. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Natural Law
Non est factum
Floating charge

49. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Gratuitous bailment
Unconscionable transactions
Reiver
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

50. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Non delegable duty
Intentional - Unintentional
Landlord-tenant
Exceptions to the privity of contract rule