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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. 5 possible consequences if you default on your mortgage?
Option
Habeas corpus
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Thin Skull Rule

2. Once a contract is written - it cannot be changed without the consent of both parties
Landlord-tenant
Parol Evidence Rule
Quantum meruit
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

3. A restriction placed on some aspect of land use.
Acts of God - acts of a public enemy - guests' own negligence
Mens rea
Repudiation - sabotage - failure to perform
Restrictive covenant

4. Surviving a falling elevator
Lie flat to distribute the force of the impact
Democratic rights to vote or run for election
Habeas corpus
Land - buildings - fixtures

5. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Exceptions to the privity of contract rule
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
Equitable estoppel

6. 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
Mens rea
51% or 52%
The items that should be included in a job description

7. Law based on moral - religious or philosophical grounds
Natural Law
Mens rea
Gratuitous Promise
51% or 52%

8. Four methods to prevent potential legal action against your business.
Types of contracts which must be in writing
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Parol Evidence Rule
Salmonella

9. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Repudiation - Sabotage - Failure to perform
Positive law
Constitution
The items that should be included in a job description

10. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
To 'perfect' a lien
Contributory negligence
Food and Drugs Act

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

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12. Under contract law - list the three types of mistake the law recognizes.
Contributory negligence
Intentional torts
Common - mutual and unilateral.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

13. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Restrictive covenant
$413 or 55% of the claimant's average insured earnings (whichever is less)
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

14. What are three ways a contract is breached?
Defamation
Repudiation - sabotage - failure to perform
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
General - Punitive - Exemplary

15. What are the five stages of a civil action?
Res ipsa loquitar
The owner
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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.

16. Governor general and lieutenant governors
Consideration
Lie flat to distribute the force of the impact
Royal prerogatives
Gratuitous Promise

17. 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
Positive law
The 4 principles of Equal Pay legislation
'The thing speaks for itself'
Surcharge

18. Latin term for within or on the premises of the inn (extension of the inn).
Equitable estoppal
Infra hospitium
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.
John Humphrey

19. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Private law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Four purpose of sentencing

20. 5 reasons for evicting a guest.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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.
Actus reus
Food and Drugs Act

21. 2 classes of servants.
The 4 principles of Equal Pay legislation
Substantive Law
Independent contractors - employees
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

22. In a criminal procedure list the 3 types of offenses
6 primary purposes of tort law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction (minor) - indictable (serious) - hybrid

23. Minimum amount of hours needed to be eligible for EI benefits.
Slander and Libel
Positive Law
420 to 700 hours depending on the regional unemployment rate
Fiduciary Duty

24. Amount added on to a usual charge for a specific product - purpose - or service.
Express deposit
Equity financing - debt financing - sale of assets
Surcharge
Food and Drugs Act

25. 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.
Theft of services
Noncompetition/nonsolicitation clauses
Criminal - Family - Youth - Small claims court
Non delegable duty

26. First stage in a criminal court procedure
Instances under which an offer lapses
Theft of services
Arraignment
Proximate cause of the injury

27. Within the walls of the inn
Amortization
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium
Players in the legal system

28. Innocent - negligent and fraudulent
The kinds of misrepresentation
Summary conviction - indictable - and hybrid
Personal and real
Slander and Libel

29. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Absolute liability
To 'perfect' a lien
Floating charge
Easement

30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Consideration
4 items that should be included in the job description
Legal realism
Equitable estoppal

31. 'It stands decided'
Negligent Misrepresentation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Stare decisis
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

32. A person who becomes ill but did not pay for the meal can sue the establishment
4 items that should be included in the job description
Arraignment
Neighbour principle
Surcharge

33. A plaintiff is partly or solely the cause of his or her own injury
51% or 52%
Notary
Nepotism
Contributory negligence

34. 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?
Sole proprietorship - partnership - and corporations
Negligent Misrepresentation
Breach of contract
Factoring

35. 3 types of business structures.
Surcharge
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Uttering
Sole proprietorship - partnership - and corporations

36. What is the maximum weekly EI benefit?

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37. Another word for 'reafian'?
Reiver
Exemplary damages
Acts of God - acts of a public enemy - guests' own negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements

38. What would a careful - thoughtful person in the same circumstances have done
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Power of attorney
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Reasonable Person Test

39. Damages are awarded to compensate the injured party
Non delegable duty
Lie flat to distribute the force of the impact
Land - buildings - fixtures
General damages

40. Three types of intangibles
Contributory negligence
Actus reus
Contributory Negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

41. Two kinds of negligence
Intentional - Unintentional
Injurious Falsehood
Discoveries Stage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

42. Legislators - judges - jurors - lawyers - clients and police
Infra hospitium
Players in the legal system
Passing off
Ultra vires

43. What are the 3 ways employment can be terminated?
Slander and Libel
The items that should be included in a job description
Intentional - Unintentional
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

44. Defaming a business - a product or a property rather than a person.
Neighbour principle
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Injurious Falsehood

45. 'To have the body'
Habeas corpus
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Pleadings - discoveries - pretrial and or mediation - trial - appeals

46. Use of another company's business name or logo without permission.
E. Coli
Trademark infringement
The 4 principles of Equal Pay legislation
Noncompetition/nonsolicitation clauses

47. A duty that cannot be given to someone else
Gratuitous bailment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Land - buildings - fixtures
Non delegable duty

48. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Factoring
Natural Law
Positive law

49. Balance of probability needed to win a civil case
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
51% or 52%
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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

50. Guilty mind.
Slander and Libel
Floating charge
Mens rea
Creed