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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. What are the 3 types of bailment?
Infra hospitium
The owner
Instances under which an offer lapses
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

2. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Exemplary damages
Noncompetition/nonsolicitation clauses
Equitable estoppal
The owner

3. The division of law associated with interpersonal matters
Power of attorney
Private law
Contributory negligence
Slander and Libel

4. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Summary conviction (minor) - indictable (serious) - hybrid
Res ipsa loquitar
Actus reus and Mens rea
Disclaimer

5. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Reasonable Person Test
Bona fide occupational requirement
Notary

6. Food poisoning from hamburger
Factoring
E. Coli
Notary
Sunset Clause

7. Author of the Universal Declaration of Human Rights
Positive Law
Four purpose of sentencing
John Humphrey
Floating charge

8. Balance of probability needed to win a civil case
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Absolute liability
Passing off
51% or 52%

9. Within the walls of the inn
Open and notorious - unchallenged - exclusive - continuous
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Substantive Law

10. First stage in a criminal court procedure
Group termination
Instances under which an offer lapses
Arraignment
Absolute liability

11. Beyond a reasonable doubt is what probability
Shareholders - board of directors - statutory officers - employees - and creditors
Democratic rights to vote or run for election
Pleadings - discoveries - pretrial and or mediation - trial - appeals
98%

12. Damages are awarded to compensate the injured party
Quantum merits
Exemplary damages
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
General damages

13. A restriction placed on some aspect of land use.
Nepotism
Restrictive covenant
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Easement

14. Notices of statutory provisions limiting liability be posted where?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Repudiation - Sabotage - Failure to perform
Absolute liability
1) in the office - 2) every guestroom - and 3) public rooms (area).

15. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
6 primary purposes of tort law
Easement
The 4 principles of Equal Pay legislation

16. 3 types of offenses in a criminal procedure
Section 33 of the Charter
The kinds of misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Summary conviction - Indictable - Hybrid

17. 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?
Summary conviction (minor) - indictable (serious) - hybrid
420 to 700 hours depending on the regional unemployment rate
Section 33 of the Charter
Breach of contract

18. An advertisement is an example of this... lets people know that you are ready to accept offers
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
Consideration
Invitation to treat
Landlord-tenant

19. Independent contractors and employees.
The 2 classes of servants
Section 33 of the Charter
Restrictive covenant
Habeas corpus

20. Most difficult element of negligence to prove
Types of contracts which must be in writing
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Neighbour principle
The owner

21. How can an employer escape alcohol misuse liability?
Quantum merits
Absolute liability
The items that should be included in a job description
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.

22. 2 classes of servants.
Reasons a contract may be impeached
Acts of God - acts of a public enemy - guests' own negligence
Trade mark
Independent contractors - employees

23. Law is whatever judges say it is...
Non est factum
Contributory Negligence
Legal realism
Landlord-tenant

24. Which of the following rights does the Charter guarantee only to citizens of Canada
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Res ipsa loquitar
Democratic rights to vote or run for election
Passing off

25. List remedies one would expect when a contract is breached
Factoring
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Independent contractors - employees
Proximate cause of the injury

26. Use of another company's business name or logo without permission.
'The thing speaks for itself'
Trademark infringement
The 4 principles of Equal Pay legislation
Defenses to intentional Torts

27. 'To have the body'
Habeas corpus
General - Punitive - Exemplary
Actus reus and Mens rea
Arraignment

28. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Good Samaritan Legislation
Duty to mitigate

29. You shall have the body
420 to 700 hours depending on the regional unemployment rate
The kinds of misrepresentation
John Humphrey
Habeas corpus

30. Law created by a person or body with authority to enact and enforce it
Positive Law
Floating charge
Equitable estoppel
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

31. Spoken and written defamation
Slander and Libel
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Nepotism
Gratuitous bailment

32. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Consideration
Thin Skull Rule
Floating charge
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

33. Three types of intangibles
General damages
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Notary
Quantum meruit

34. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Negligent Misrepresentation
Types of contracts which must be in writing
Habeas corpus
Actus reus

35. 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
Instances under which an offer lapses
Positive Law
Duty to mitigate

36. Latin for 'the thing speaks for itself'
Res ipsa loquitar
To 'perfect' a lien
Reasonable Person Test
Summary conviction - Indictable - Hybrid

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

38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Types of contracts which must be in writing
Vicarious liability
Passing off
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

39. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
The items that should be included in a job description
General damages
Repudiation - Sabotage - Failure to perform

40. In a criminal procedure list the 3 types of offenses
Neighbour principle
Summary conviction (minor) - indictable (serious) - hybrid
Amortization
Quantum merits

41. A symbol - word - name or device used to identify or signify a company or its product.
Agent
Thin Skull Rule
Option
Trade mark

42. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Sunset Clause
Democratic rights to vote or run for election
Slander and Libel

43. Laws duly enacted by a person or body having the authority to enact and enforce them.
Unilateral Contract
Positive law
Slander and Libel
Reiver

44. Political - religious beliefs - and affiliations
Vicarious liability
Exceptions to the privity of contract rule
Unconscionable transactions
Creed

45. It is not my deed
Landlord-tenant
Positive Law
Non est factum
Trademark infringement

46. When the police do not need a warrant to search your residence and/or business?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Trademark infringement
Contributory negligence

47. Discrimination that is actually encouraged in our society
Positive Law
Reasons a contract may be impeached
Merit
Surcharge

48. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Damages that are imposed to punish and to make an example of the offending party
The items that should be included in a job description

49. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Lie flat to distribute the force of the impact
Slander and Libel
Thin Skull Rule

50. Damages imposed to make an example of the wrongdoer
Lie flat to distribute the force of the impact
Actus reus and Mens rea
Amortization
Exemplary damages