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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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 some of the conditions for rightful dismissal?
Types of contracts which must be in writing
Municipal government
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sunset Clause

2. Author of the Universal Declaration of Human Rights
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
John Humphrey
Constitution
To 'perfect' a lien

3. Law created by a person or body with authority to enact and enforce it
Positive Law
Disclaimer
Actus reus
Four purpose of sentencing

4. What must be established to substantiate a claim for bailment?
Positive law
Agent
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
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.

5. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non delegable duty
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
John Humphrey

6. Fundamental freedoms in Section 2 of the Charter
John Humphrey
Actus reus
The items that should be included in a job description
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

7. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Unilateral Contract
Equitable estoppal
Players in the legal system
Habeas corpus

8. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Royal prerogatives
The kinds of misrepresentation
Defenses to intentional Torts
Mens rea

9. Latin term for within or on the premises of the inn (extension of the inn).
Equity financing - debt financing - sale of assets
Easement
Absolute liability
Infra hospitium

10. Independent contractors and employees.
Non est factum
Vicarious liability
The 2 classes of servants
Thin Skull Rule

11. Governor general and lieutenant governors
John Humphrey
Royal prerogatives
Defamation
Food and Drugs Act

12. A duty that cannot be given to someone else
Non delegable duty
Negligence Per se
Theft of services
Negligence

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

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14. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Fiduciary Duty
Instances under which an offer lapses
Intentional - Unintentional
Non est factum

15. When the public is misled into believing that one company's goods or services are those a similar brand or product
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Quantum meruit
Passing off

16. What are the two types of property?
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
Democratic rights to vote or run for election
Equitable estoppel
Personal and real

17. Law is whatever judges say it is...
Private law
Legal realism
Absolute liability
Equity financing - debt financing - sale of assets

18. Legislators - judges - jurors - lawyers - clients and police
Unconscionable transactions
The 2 classes of servants
Defenses to intentional Torts
Players in the legal system

19. 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
Infra hospitium
4 items that should be included in the job description
Ultra vires
Equity financing - debt financing - sale of assets

20. An agreement by an offeror to leave an offer open for a specified period of time.
Sunset Clause
Option
Defenses to intentional Torts
The items that should be included in a job description

21. The most difficult element of negligence to prove
Personal and real
The items that should be included in a job description
Vicarious Liability
Proximate cause of the injury

22. Notices of statutory provisions limiting liability be posted where?
Land - buildings - fixtures
Good Samaritan Legislation
Criminal - Family - Youth - Small claims court
1) in the office - 2) every guestroom - and 3) public rooms (area).

23. An agreement by an offeror to leave an offer open for a specified period of time
Types of contracts which must be in writing
Stare decisis
Players in the legal system
Option

24. Within the walls of the inn
Infra hospitium
Negligence
Duty to mitigate
Arraignment

25. list 4 elements of bailment
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
E. Coli

26. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Municipal government
John Humphrey
Positive Law

27. 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
Contributory Negligence
Vicarious Liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
John Humphrey

28. Damages imposed to make an example of the wrongdoer
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
Proximate cause of the injury
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

29. Res ipsa loquitur

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30. 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
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
51% or 52%
Power of attorney

31. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Passing off
Intentional - Unintentional
Four purpose of sentencing
The items that should be included in a job description

32. Two kinds of negligence
98%
Proximate cause of the injury
Intentional - Unintentional
Amortization

33. The level of government in charge of bylaws
Power of attorney
Municipal government
Food and Drugs Act
Absolute liability

34. Selling accounts receivable at a discount.
Factoring
The parol evidence rule
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

35. Circumstances in which the authorities do not need a warrant to search your premises
Prima facie
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Negligence Per se
The owner

36. 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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 4 principles of Equal Pay legislation
Neighbour principle

37. The publication of a false statement about someone either verbally or in writing which damages their reputation
Surcharge
Salmonella
Option
Defamation

38. 'To have the body'
Surcharge
Infra hospitium
Passing off
Habeas corpus

39. A plaintiff is partly or solely the cause of his or her own injury.
Proximate cause of the injury
Gratuitous bailment
Gratuitous Promise
Contributory negligence

40. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Group termination
Option
Passing off
Types of contracts which must be in writing

41. 'It stands decided'
Notary
Stare decisis
Salmonella
Duty to mitigate

42. 3 types of offenses in a criminal procedure
6 primary purposes of tort law
Noncompetition/nonsolicitation clauses
Summary conviction - Indictable - Hybrid
Damages that are imposed to punish and to make an example of the offending party

43. Division of law that defines rights and remedies
Substantive Law
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Group termination
Instances under which an offer lapses

44. Food poisoning from hamburger
Substantive Law
The items that should be included in a job description
E. Coli
Equitable estoppal

45. 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?
98%
Breach of contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
Gratuitous bailment

46. The price a party pays for the promise.
General damages
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
Consideration
The owner

47. The exchange of benefits; the price a party pays for the promise
Consideration
Contributory negligence
Neighbour principle
Repudiation - sabotage - failure to perform

48. Division of Lower Provincial Courts
Amortization
Negligent Misrepresentation
Criminal - Family - Youth - Small claims court
Fiduciary Duty

49. 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.
Thin Skull Rule
Notary
The 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.

50. Under contract law - list the three types of mistake the law recognizes.
Noncompetition/nonsolicitation clauses
51% or 52%
Common - mutual and unilateral.
Bona fide occupational requirement