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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. Another word for 'reafian'?
Defenses to intentional Torts
Contributory Negligence
Quantum merits
Reiver

2. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Actus reus
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
General damages

3. 3 types of business structures.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
Sole proprietorship - partnership - and corporations
Contributory negligence

4. Governor general and lieutenant governors
Royal prerogatives
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule
General damages

5. 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
The 4 principles of Equal Pay legislation
Negligence Per se
Neighbour principle
Group termination

6. First stage in a criminal court procedure
Merit
Easement
Land - buildings - fixtures
Arraignment

7. Innocent - negligent and fraudulent
Unconscionable transactions
The kinds of misrepresentation
Independent contractors - employees
Option

8. Law is whatever judges say it is...
Legal realism
6 primary purposes of tort law
Fiduciary Duty
Actus reus and Mens rea

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Non est factum
Invitation to treat

10. What are the two types of property?
Personal and real
Intentional - Unintentional
Parol Evidence Rule
The parol evidence rule

11. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Positive law
Ultra vires
Negligent Misrepresentation
Landlord-tenant

12. An advertisement is an example of this... lets people know that you are ready to accept offers
Fiduciary Duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Invitation to treat
Equitable estoppel

13. 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.
420 to 700 hours depending on the regional unemployment rate
Democratic rights to vote or run for election
Contributory Negligence
Equitable estoppel

14. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
The parol evidence rule
Gratuitous bailment
Players in the legal system
Reasons a contract may be impeached

15. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Private law
Negligence Per se
Reiver
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

16. 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.
Exceptions to the privity of contract rule
Noncompetition/nonsolicitation clauses
Ultra vires
Contributory negligence

17. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Summary conviction - indictable - and hybrid
Food and Drugs Act
Negligent Misrepresentation
Arraignment

18. This relationship exists when one person has the power to affect another person's property or legal interests
Price fixing
Summary conviction - indictable - and hybrid
Easement
Fiduciary Duty

19. Under contract law - list the three types of mistake the law recognizes.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Summary conviction - Indictable - Hybrid
Uttering
Common - mutual and unilateral.

20. 3 types of offenses in a criminal procedure
Section 33 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
Summary conviction - Indictable - Hybrid
'The thing speaks for itself'

21. 'Reasonable worth of the good'
Quantum meruit
Creed
Constitution
John Humphrey

22. Three types of offences
Summary conviction - indictable - and hybrid
Types of contracts which must be in writing
Equitable estoppel
Infra hospitium

23. A restriction placed on some aspect of land use.
Restrictive covenant
The kinds of misrepresentation
Unilateral Contract
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

24. Spoken and written defamation
Slander and Libel
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious Liability
Constitution

25. List the 4 conditions of adverse possession. (squatter's rights)
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Passing off
Open and notorious - unchallenged - exclusive - continuous
Price fixing

26. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Option

27. Political - religious beliefs - and affiliations
Creed
Nepotism
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Factoring

28. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Invitation to treat
Four purpose of sentencing
Types of contracts which must be in writing

29. Author of the Universal Declaration of Human Rights
John Humphrey
Vicarious liability
51% or 52%
Prima facie

30. The plaintiff has been injured upon the result of his own negligence
Stare decisis
Injurious Falsehood
Contributory Negligence
Creed

31. Balance of probability needed to win a civil case
John Humphrey
51% or 52%
Option
By Performance - By Agreement - By Frustration - By Operation of law

32. Promises made without consideration
Food and Drugs Act
Power of Attorney
Passing off
Gratuitous Promise

33. Types of Damages
Open and notorious - unchallenged - exclusive - continuous
Notary
General - Punitive - Exemplary
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

34. What does BFOR stand for?
Vicarious liability
'The thing speaks for itself'
Bona fide occupational requirement
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

35. What are the three exceptions to the common law absolute liability rule.

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36. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Repudiation - sabotage - failure to perform
General damages
Disclaimer
Intentional - Unintentional

37. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Vicarious liability
Negligence Per se
Natural Law

38. Someone who certifies documents - but does not draft documents
Notary
Non delegable duty
John Humphrey
Four purpose of sentencing

39. The level of government in charge of bylaws
Royal prerogatives
Gratuitous bailment
Equitable estoppel
Municipal government

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

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41. The publication of a false statement about someone either verbally or in writing which damages their reputation
Non est factum
Defamation
Consideration
Contributory negligence

42. You shall have the body
Agent
Habeas corpus
Consideration
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.

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

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44. Guilty act in Latin.
Fiduciary Duty
Mens rea
Actus reus
Negligence Per se

45. Damages imposed to make an example of the wrongdoer
Habeas corpus
Players in the legal system
Quantum meruit
Exemplary damages

46. Division of law that defines rights and remedies
Substantive Law
Proximate cause of the injury
Power of attorney
Nepotism

47. List 5/6 items employers can expect from their employees
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.
Duty to mitigate
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Power of attorney

48. Discrimination that is actually encouraged in our society
Floating charge
Section 33 of the Charter
Merit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

49. Two kinds of negligence
Exceptions to the privity of contract rule
Quantum merits
Intentional - Unintentional
Non est factum

50. What are the 3 types of bailment?
$413 or 55% of the claimant's average insured earnings (whichever is less)
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Thin Skull Rule
Passing off