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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. When the public is misled into believing that one company's goods or services are those a similar brand or product.
General - Punitive - Exemplary
Independent contractors - employees
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence

2. Res ipsa loquitur

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3. Independent contractors and employees.
The 2 classes of servants
Fiduciary Duty
Non delegable duty
'The thing speaks for itself'

4. Regulation - deterrence - compensation - dispute resolution - education and prevention
Personal and real
Section 33 of the Charter
Landlord-tenant
6 primary purposes of tort law

5. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The 4 principles of Equal Pay legislation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

6. A right to use another's land for a specific purpose.
Sunset Clause
Passing off
Fiduciary Duty
Easement

7. Another word for 'reafian'?
Reiver
Independent contractors - employees
4 items that should be included in the job description
Legal realism

8. What does real property include?
Surcharge
Players in the legal system
Land - buildings - fixtures
Restrictive covenant

9. What are exemplary damages?
420 to 700 hours depending on the regional unemployment rate
Discoveries Stage
Damages that are imposed to punish and to make an example of the offending party
Positive Law

10. What are the three kinds of misrepresentation?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Contributory negligence
Open and notorious - unchallenged - exclusive - continuous
Innocent - negligent - fraudulent

11. Law created by a person or body with authority to enact and enforce it
Substantive Law
Passing off
Merit
Positive Law

12. An advertisement is an example of this... lets people know that you are ready to accept offers
Equitable estoppal
Vicarious Liability
Invitation to treat
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

13. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Habeas corpus
Types of contracts which must be in writing
Nepotism
Absolute liability

14. Latin term for 'On the face of it'.
Power of attorney
Stare decisis
Summary conviction - Indictable - Hybrid
Prima facie

15. Once a contract is written - it cannot be changed without consent of both parties.
Easement
Non delegable duty
Actus reus
The parol evidence rule

16. Use of another company's business name or logo without permission.
Trademark infringement
Reasons a contract may be impeached
Proximate cause of the injury
Habeas corpus

17. Within the walls of the inn
Infra hospitium
General damages
Negligent Misrepresentation
Parol Evidence Rule

18. Accommodations that are not considered 'inns'.
Positive Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Acts of God - acts of a public enemy - guests' own negligence
Quantum merits

19. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
To 'perfect' a lien
Express deposit
Creed
Good Samaritan Legislation

20. Which of the following rights does the Charter guarantee only to citizens of Canada
To 'perfect' a lien
Democratic rights to vote or run for election
Positive law
Merit

21. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Actus reus
Players in the legal system
Power of Attorney

22. 3 types of business structures.
Floating charge
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Sole proprietorship - partnership - and corporations

23. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Restrictive covenant
The owner
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

24. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Floating charge
Damages that are imposed to punish and to make an example of the offending party
Bona fide occupational requirement
Exceptions to the privity of contract rule

25. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Intentional - Unintentional
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

26. The exchange of benefits; the price a party pays for the promise
Consideration
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Proximate cause of the injury
Reiver

27. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Specific deterrence - general deterrence - rehabilitation - protection of the public
Injurious Falsehood
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

28. The publication of a false statement about someone either verbally or in writing which damages their reputation
Absolute liability
Non est factum
Theft of services
Defamation

29. Latin for 'the thing speaks for itself'
Duty to mitigate
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Innocent - negligent - fraudulent
Res ipsa loquitar

30. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Infra hospitium
Passing off
Gratuitous Promise

31. It is not my deed
Contributory negligence
Non est factum
Actus reus
Repudiation - Sabotage - Failure to perform

32. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Floating charge
Actus reus
Negligence Per se
Intentional torts

33. 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.
Municipal government
Equitable estoppel
Parol Evidence Rule
Option

34. List the 3 subtle signs of intoxication.
Duty to mitigate
6 primary purposes of tort law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium

35. Laws duly enacted by a person or body having the authority to enact and enforce them.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Positive law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Contributory Negligence

36. Political - religious beliefs - and affiliations
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Creed
Price fixing
Legal realism

37. What are the 3 types of bailment?
Four purpose of sentencing
Intentional torts
To 'perfect' a lien
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

38. 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
To 'perfect' a lien
Habeas corpus
Ultra vires
Discoveries Stage

39. Guilty mind.
Mens rea
To 'perfect' a lien
Infra hospitium
Non est factum

40. Guilty act in Latin.
Option
Actus reus
Duty to mitigate
Floating charge

41. Spoken and written defamation
General damages
Infra hospitium
The owner
Slander and Libel

42. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Breach of contract
Defenses to intentional Torts
Legal realism
The kinds of misrepresentation

43. The most difficult element of negligence to prove
Section 33 of the Charter
Power of attorney
Proximate cause of the injury
The owner

44. Selling accounts receivable at a discount.
Positive Law
Factoring
Common - mutual and unilateral.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

45. This person acts on behalf of the principal
Ultra vires
Prima facie
Lie flat to distribute the force of the impact
Agent

46. Division of law that defines rights and remedies
Substantive Law
Slander and Libel
Private law
Food and Drugs Act

47. What does BFOR stand for?
Personal and real
Non delegable duty
Municipal government
Bona fide occupational requirement

48. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Contributory negligence
Actus reus
Food and Drugs Act
Express deposit

49. Beyond a reasonable doubt is what probability
Democratic rights to vote or run for election
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Injurious Falsehood
98%

50. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Agent
Defenses to intentional Torts
Thin Skull Rule
Absolute liability