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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?
Non delegable duty
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
To 'perfect' a lien
Reiver

2. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Shareholders - board of directors - statutory officers - employees - and creditors
Surcharge
Res ipsa loquitar

3. A promise for an action
Unilateral Contract
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
'The thing speaks for itself'

4. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Quantum meruit
Non est factum
98%

5. A right to use another's land for a specific purpose.
Easement
6 primary purposes of tort law
Power of attorney
Instances under which an offer lapses

6. Latin term for 'It is not my deed
Agent
Non est factum
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

7. Independent contractors and employees.
Non est factum
Negligence Per se
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The 2 classes of servants

8. Minimum amount of hours needed to be eligible for EI benefits.
Shareholders - board of directors - statutory officers - employees - and creditors
420 to 700 hours depending on the regional unemployment rate
Personal and real
Trademark infringement

9. The level of government in charge of bylaws
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Municipal government
98%
Trade mark

10. Someone who certifies documents - but does not draft documents
Criminal - Family - Youth - Small claims court
Constitution
Notary
John Humphrey

11. What are exemplary damages?
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Summary conviction - Indictable - Hybrid
Damages that are imposed to punish and to make an example of the offending party
Infra hospitium

12. What does BFOR stand for?
Negligence Per se
Trademark infringement
Bona fide occupational requirement
Instances under which an offer lapses

13. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
General - Punitive - Exemplary
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Amortization

14. What is the maximum weekly EI benefit?

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15. The amount he merits
Quantum merits
Absolute liability
Natural Law
Actus reus

16. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Breach of contract
Discoveries Stage
Fiduciary Duty

17. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Trademark infringement
Creed
Passing off
Exceptions to the privity of contract rule

18. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
6 primary purposes of tort law
Shareholders - board of directors - statutory officers - employees - and creditors
Landlord-tenant

19. 5 possible consequences if you default on your mortgage?
Duty to mitigate
The items that should be included in a job description
Innocent - negligent - fraudulent
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

20. Types of Damages
Power of Attorney
Group termination
General - Punitive - Exemplary
Factoring

21. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Unilateral Contract
E. Coli
Gratuitous bailment

22. Latin term for 'On the face of it'.
Vicarious Liability
Players in the legal system
Prima facie
Land - buildings - fixtures

23. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Thin Skull Rule
Disclaimer
Salmonella
Private law

24. Author of the Universal Declaration of Human Rights
Trademark infringement
John Humphrey
Four purpose of sentencing
Reasonable Person Test

25. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
By Performance - By Agreement - By Frustration - By Operation of law
Quantum meruit
Vicarious liability

26. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Slander and Libel
Intentional torts
1) in the office - 2) every guestroom - and 3) public rooms (area).
Res ipsa loquitar

27. 3 types of business structures.
Theft of services
Sole proprietorship - partnership - and corporations
Section 33 of the Charter
Injurious Falsehood

28. 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
Vicarious Liability
Parol Evidence Rule
Private law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

29. Accommodations that are not considered 'inns'.
Passing off
Section 33 of the Charter
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Repudiation - sabotage - failure to perform

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Actus reus
Discoveries Stage
Intentional - Unintentional
Slander and Libel

31. Selling accounts receivable at a discount.
Positive Law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Sole proprietorship - partnership - and corporations
Factoring

32. How can an employer escape alcohol misuse liability?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Mens rea
Surcharge
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.

33. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
6 primary purposes of tort law
Uttering
Parol Evidence Rule
Agent

34. Spoken and written defamation
Habeas corpus
Slander and Libel
Injurious Falsehood
Group termination

35. Discrimination that is actually encouraged in our society
Quantum merits
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Merit
Constitution

36. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Equitable estoppel
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

37. Res ipsa loquitur

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38. Once a contract is written - it cannot be changed without consent of both parties.
Infra hospitium
Innocent - negligent - fraudulent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The parol evidence rule

39. The price a party pays for the promise.
Consideration
Vicarious Liability
Exceptions to the privity of contract rule
Negligent Misrepresentation

40. 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.
Damages that are imposed to punish and to make an example of the offending party
Thin Skull Rule
Private law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

41. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Vicarious liability
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Personal and real

42. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Players in the legal system
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

43. A plaintiff is partly or solely the cause of his or her own injury.
4 items that should be included in the job description
Power of attorney
Contributory negligence
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

44. Who owns mislaid property?
Notary
Reasons a contract may be impeached
The owner
Discoveries Stage

45. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Amortization
Players in the legal system
Vicarious Liability

46. 5 reasons for evicting a guest.
Easement
Summary conviction (minor) - indictable (serious) - hybrid
Equitable estoppel
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.

47. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Duty to mitigate
General - Punitive - Exemplary
Exceptions to the privity of contract rule
Defenses to intentional Torts

48. A symbol - word - name or device used to identify or signify a company or its product.
Repudiation - Sabotage - Failure to perform
Players in the legal system
Breach of contract
Trade mark

49. Legal responsibility for the negligence of another person
Agent
Vicarious liability
Absolute liability
John Humphrey

50. 'It stands decided'
Contributory Negligence
Injurious Falsehood
Stare decisis
Royal prerogatives