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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. Notices of statutory provisions limiting liability be posted where?
The owner
1) in the office - 2) every guestroom - and 3) public rooms (area).
Slander and Libel
Fiduciary Duty

2. Guilty mind.
Duty to mitigate
Intentional - Unintentional
Mens rea
The 4 principles of Equal Pay legislation

3. Two types of negligence
Habeas corpus
Food and Drugs Act
Intentional - Unintentional
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

4. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Actus reus
To 'perfect' a lien
Creed

5. Political - religious beliefs - and affiliations
Substantive Law
The kinds of misrepresentation
Creed
98%

6. Two kinds of negligence
Vicarious liability
Intentional - Unintentional
Mens rea
Infra hospitium

7. An agreement by an offeror to leave an offer open for a specified period of time.
Nepotism
Damages that are imposed to punish and to make an example of the offending party
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Option

8. An agreement by an offeror to leave an offer open for a specified period of time
98%
Acts of God - acts of a public enemy - guests' own negligence
Option
Criminal - Family - Youth - Small claims court

9. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Absolute liability
Natural Law
By Performance - By Agreement - By Frustration - By Operation of law

10. How can an employer escape alcohol misuse liability?
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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Sole proprietorship - partnership - and corporations
Price fixing

11. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Habeas corpus
Agent
Reasons a contract may be impeached
Contributory Negligence

12. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Mens rea
Infra hospitium
Express deposit

13. What are the five stages of a civil action?
Option
Good Samaritan Legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Defenses to intentional Torts

15. Most difficult element of negligence to prove
98%
Repudiation - sabotage - failure to perform
Thin Skull Rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

16. Beyond a reasonable doubt is what probability
98%
Thin Skull Rule
Theft of services
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.

17. Legislators - judges - jurors - lawyers - clients and police
Unconscionable transactions
Arraignment
Players in the legal system
Group termination

18. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
John Humphrey
Discoveries Stage
Duty to mitigate
Express deposit

19. Balance of probability needed to win a civil case
Bona fide occupational requirement
Summary conviction (minor) - indictable (serious) - hybrid
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
51% or 52%

20. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Good Samaritan Legislation
Non est factum
Shareholders - board of directors - statutory officers - employees - and creditors

21. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
51% or 52%
John Humphrey
Ultra vires

22. Fundamental freedoms in Section 2 of the Charter
Restrictive covenant
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
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Instances under which an offer lapses

23. Another word for 'reafian'?
Positive Law
Section 33 of the Charter
Express deposit
Reiver

24. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
'The thing speaks for itself'
98%
Unconscionable transactions
Habeas corpus

25. What does real property include?
Unilateral Contract
Contributory negligence
Land - buildings - fixtures
The 4 principles of Equal Pay legislation

26. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Easement
Passing off
Absolute liability
By Performance - By Agreement - By Frustration - By Operation of law

27. 'To have the body'
Merit
Habeas corpus
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Trademark infringement

28. Division of law that defines rights and remedies
Repudiation - sabotage - failure to perform
Substantive Law
98%
Ultra vires

29. Who owns mislaid property?
Thin Skull Rule
The owner
Passing off
Easement

30. In a criminal procedure list the 3 types of offenses
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Absolute liability
Land - buildings - fixtures
Summary conviction (minor) - indictable (serious) - hybrid

31. Author of the Universal Declaration of Human Rights
Sole proprietorship - partnership - and corporations
John Humphrey
Passing off
'The thing speaks for itself'

32. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Noncompetition/nonsolicitation clauses
Reasons a contract may be impeached
Negligence Per se
Royal prerogatives

33. Three types of offences
Criminal - Family - Youth - Small claims court
Summary conviction - indictable - and hybrid
Exceptions to the privity of contract rule
Players in the legal system

34. A promise for an action
Sunset Clause
Unilateral Contract
Noncompetition/nonsolicitation clauses
Independent contractors - employees

35. Spoken and written defamation
Royal prerogatives
420 to 700 hours depending on the regional unemployment rate
Good Samaritan Legislation
Slander and Libel

36. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Discoveries Stage
Negligence
Shareholders - board of directors - statutory officers - employees - and creditors
Boarding house - a rooming house - homes for seniors - and time-share arrangements

37. Independent contractors and employees.
Four purpose of sentencing
Thin Skull Rule
The 2 classes of servants
Vicarious Liability

38. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Infra hospitium
Lie flat to distribute the force of the impact
Food and Drugs Act
Floating charge

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
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
Exceptions to the privity of contract rule
Defenses to intentional Torts

40. An advertisement is an example of this... lets people know that you are ready to accept offers
Noncompetition/nonsolicitation clauses
Invitation to treat
Intentional - Unintentional
Contributory negligence

41. It is not my deed
Non est factum
Personal and real
Negligent Misrepresentation
Four purpose of sentencing

42. What are some of the conditions for rightful dismissal?
Res ipsa loquitar
Amortization
6 primary purposes of tort law
Financial disloyalty - falsified qualifications - gross and continuing incompetence

43. The exchange of benefits; the price a party pays for the promise
The kinds of misrepresentation
Trade mark
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

44. 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.
Instances under which an offer lapses
The owner
Noncompetition/nonsolicitation clauses
98%

45. When 50 or more employees are laid off within 2 months.
Non est factum
Breach of contract
Group termination
Absolute liability

46. Stages of a civil action
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
'The thing speaks for itself'
General - Punitive - Exemplary
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

47. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Noncompetition/nonsolicitation clauses
Price fixing
Defamation
Defenses to intentional Torts

48. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
John Humphrey
Neighbour principle
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.

49. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.
Absolute liability
To 'perfect' a lien

50. Law is whatever judges say it is...
Private law
Legal realism
Restrictive covenant
Summary conviction (minor) - indictable (serious) - hybrid