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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. 'To have the body'
Equitable estoppal
Habeas corpus
Noncompetition/nonsolicitation clauses
Damages that are imposed to punish and to make an example of the offending party

2. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Reiver
4 items that should be included in the job description
Stare decisis

3. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Food and Drugs Act
Contributory Negligence
Constitution
Non delegable duty

4. 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.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Noncompetition/nonsolicitation clauses
Criminal - Family - Youth - Small claims court
Exemplary damages

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

6. Law created by a person or body with authority to enact and enforce it
Repudiation - sabotage - failure to perform
Repudiation - Sabotage - Failure to perform
Positive Law
Prima facie

7. Division of law that defines rights and remedies
Invitation to treat
Summary conviction - indictable - and hybrid
Four purpose of sentencing
Substantive Law

8. 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?
Contributory Negligence
Breach of contract
Equitable estoppal
Food and Drugs Act

9. Two types of negligence
Intentional - Unintentional
Creed
Negligence
Stare decisis

10. Beyond a reasonable doubt is what probability
Positive Law
98%
Factoring
Unilateral Contract

11. Promises made without consideration
420 to 700 hours depending on the regional unemployment rate
Surcharge
Summary conviction (minor) - indictable (serious) - hybrid
Gratuitous Promise

12. Someone who certifies documents - but does not draft documents
Criminal - Family - Youth - Small claims court
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Notary
Reiver

13. It is not my deed
Natural Law
Fiduciary Duty
Non est factum
Sole proprietorship - partnership - and corporations

14. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
General damages
Disclaimer

15. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Intentional torts
Positive law
Duty to mitigate
Non delegable duty

16. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Notary
Intentional torts
Trade mark

17. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Creed
Slander and Libel
Four purpose of sentencing
Exceptions to the privity of contract rule

18. What is the maximum weekly EI benefit?

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19. Damages are awarded to compensate the injured party
Proximate cause of the injury
General damages
Unilateral Contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

20. Favoritism granted to relatives or friends regardless of merit
Factoring
Nepotism
Theft of services
Summary conviction (minor) - indictable (serious) - hybrid

21. Within the walls of the inn
Infra hospitium
Price fixing
Proximate cause of the injury
E. Coli

22. Food poisoning from hamburger
Surcharge
Contributory negligence
E. Coli
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

23. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
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
Absolute liability
Landlord-tenant
Vicarious liability

24. Guilty mind.
Mens rea
The 4 principles of Equal Pay legislation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Summary conviction (minor) - indictable (serious) - hybrid

25. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Common - mutual and unilateral.
Discoveries Stage
Arraignment
Types of contracts which must be in writing

26. Three types of intangibles
Specific deterrence - general deterrence - rehabilitation - protection of the public
Discoveries Stage
Option
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

27. Governor general and lieutenant governors
The 2 classes of servants
Duty to mitigate
Royal prerogatives
Surcharge

28. Latin term for 'It is not my deed
Passing off
Democratic rights to vote or run for election
Non est factum
Exemplary damages

29. Once a contract is written - it cannot be changed without the consent of both parties
Section 33 of the Charter
Parol Evidence Rule
Infra hospitium
Exemplary damages

30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Players in the legal system
Thin Skull Rule
Legal realism
The items that should be included in a job description

31. Fundamental freedoms in Section 2 of the Charter
Legal realism
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Common - mutual and unilateral.
Food and Drugs Act

32. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Price fixing
Independent contractors - employees
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

33. You shall have the body
Quantum merits
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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Habeas corpus

34. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Summary conviction - indictable - and hybrid
Actus reus
Negligence
To 'perfect' a lien

35. Bailment for the sole benefit of the bailor.
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
Duty to mitigate
Gratuitous bailment
The parol evidence rule

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

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37. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Disclaimer
4 items that should be included in the job description
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

38. What would a careful - thoughtful person in the same circumstances have done
Ultra vires
Reasonable Person Test
Summary conviction - indictable - and hybrid
Absolute liability

39. What must be established to substantiate a claim for bailment?
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
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Gratuitous Promise
Fiduciary Duty

40. A restriction placed on some aspect of land use.
Intentional torts
Restrictive covenant
Constitution
Noncompetition/nonsolicitation clauses

41. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Defenses to intentional Torts
Duty to mitigate
Option

42. Author of the Universal Declaration of Human Rights in 1948?
The kinds of misrepresentation
John Humphrey
Vicarious liability
Stare decisis

43. Alcohol misuse under the Liquor License Act
Municipal government
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Defamation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

44. Types of Damages
Equitable estoppal
Noncompetition/nonsolicitation clauses
General - Punitive - Exemplary
Proximate cause of the injury

45. Latin term for 'On the face of it'.
Prima facie
Passing off
4 items that should be included in the job description
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

46. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
John Humphrey
Notary
Specific deterrence - general deterrence - rehabilitation - protection of the public

47. Legislators - judges - jurors - lawyers - clients and police
Proximate cause of the injury
Specific deterrence - general deterrence - rehabilitation - protection of the public
Municipal government
Players in the legal system

48. Defaming a business - a product or a property rather than a person.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Injurious Falsehood
Mens rea
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

49. 'Reasonable worth of the good'
Common - mutual and unilateral.
Thin Skull Rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Quantum meruit

50. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Land - buildings - fixtures
Negligence Per se
John Humphrey