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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. Division of Lower Provincial Courts
51% or 52%
Stare decisis
Floating charge
Criminal - Family - Youth - Small claims court

2. What are the 3 ways employment can be terminated?
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.
Fiduciary Duty
Trade mark

3. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Theft of services
Stare decisis
Negligence Per se
Consideration

4. 3 types of offenses in a criminal procedure
Amortization
Summary conviction - Indictable - Hybrid
Acts of God - acts of a public enemy - guests' own negligence
Power of attorney

5. Use of another company's business name or logo without permission.
John Humphrey
Uttering
Trademark infringement
The owner

6. 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
Intentional torts
Positive Law
Stare decisis

7. 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
Lie flat to distribute the force of the impact
Arraignment
Vicarious Liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

8. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Actus reus and Mens rea
Price fixing
John Humphrey

9. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
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.
Quantum merits
General - Punitive - Exemplary

10. Conditions for rightful dismissal.
Habeas corpus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
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.
Equitable estoppal

11. The level of government in charge of bylaws
Municipal government
51% or 52%
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Exceptions to the privity of contract rule

12. Defaming a business - a product or a property rather than a person.
Merit
Creed
Salmonella
Injurious Falsehood

13. 5 reasons for evicting a guest.
Natural Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Uttering
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.

14. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Ultra vires
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
98%
Shareholders - board of directors - statutory officers - employees - and creditors

15. The exchange of benefits; the price a party pays for the promise
Repudiation - Sabotage - Failure to perform
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration
Bona fide occupational requirement

16. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Legal realism
Trademark infringement
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence

17. The division of law associated with interpersonal matters
Private law
Four purpose of sentencing
6 primary purposes of tort law
'The thing speaks for itself'

18. What does real property include?
Section 33 of the Charter
Floating charge
Land - buildings - fixtures
Types of contracts which must be in writing

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

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20. 'It stands decided'
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
Stare decisis
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Parol Evidence Rule

21. This person acts on behalf of the principal
John Humphrey
Agent
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Gratuitous Promise

22. A duty that cannot be given to someone else
Non delegable duty
Reasonable Person Test
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Uttering

23. What are some of the conditions for rightful dismissal?
Duty to mitigate
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Amortization
Infra hospitium

24. 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
Uttering
Consideration
The 4 principles of Equal Pay legislation
Quantum meruit

25. Fundamental freedoms in Section 2 of the Charter
Constitution
Specific deterrence - general deterrence - rehabilitation - protection of the public
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Consideration

26. Most difficult element of negligence to prove
Reasonable Person Test
4 items that should be included in the job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Infra hospitium

27. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Power of Attorney
Quantum merits
Quantum meruit
Intentional torts

28. Law created by a person or body with authority to enact and enforce it
Positive Law
The 4 principles of Equal Pay legislation
Land - buildings - fixtures
Restrictive covenant

29. The period of time required to pay off the principal completely at a set interest rate.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Amortization
Price fixing
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

30. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
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.
Duty to mitigate
Uttering
Landlord-tenant

31. A plaintiff is partly or solely the cause of his or her own injury
Invitation to treat
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Duty to mitigate
Contributory negligence

32. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Non delegable duty
Acts of God - acts of a public enemy - guests' own negligence
Disclaimer

33. 'To have the body'
Factoring
Passing off
Habeas corpus
Reiver

34. Damages imposed to make an example of the wrongdoer
Exemplary damages
Infra hospitium
Habeas corpus
Absolute liability

35. Food Poisoning from chicken
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasons a contract may be impeached
Salmonella
Stare decisis

36. Allows a legislation to override the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contributory negligence
Section 33 of the Charter
Amortization

37. Surviving a falling elevator
Prima facie
Lie flat to distribute the force of the impact
Ultra vires
To 'perfect' a lien

38. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Repudiation - sabotage - failure to perform
Easement
Criminal - Family - Youth - Small claims court

39. Selling accounts receivable at a discount.
Factoring
420 to 700 hours depending on the regional unemployment rate
Slander and Libel
Sole proprietorship - partnership - and corporations

40. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Summary conviction (minor) - indictable (serious) - hybrid
Passing off
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

41. Three types of intangibles
Prima facie
Summary conviction - Indictable - Hybrid
Players in the legal system
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

42. First stage in a criminal court procedure
Thin Skull Rule
To 'perfect' a lien
Absolute liability
Arraignment

43. Latin for guilty act and guilty mind
Actus reus and Mens rea
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability
Easement

44. Law is whatever judges say it is...
Option
Passing off
Legal realism
Consideration

45. Someone who certifies documents - but does not draft documents
Section 33 of the Charter
Acts of God - acts of a public enemy - guests' own negligence
Notary
General damages

46. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Thin Skull Rule
98%
Power of attorney
Fiduciary Duty

47. Circumstances in which the authorities do not need a warrant to search your premises
Group termination
Damages that are imposed to punish and to make an example of the offending party
Shareholders - board of directors - statutory officers - employees - and creditors
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

48. Once a contract is written - it cannot be changed without the consent of both parties
Legal realism
Specific deterrence - general deterrence - rehabilitation - protection of the public
Parol Evidence Rule
98%

49. A promise for an action
Fiduciary Duty
Habeas corpus
Unilateral Contract
Parol Evidence Rule

50. A right to use another's land for a specific purpose.
Duty to mitigate
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).
Easement