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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
1) in the office - 2) every guestroom - and 3) public rooms (area).
Mens rea
Reasonable Person Test

2. Latin term for 'It is not my deed
Gratuitous Promise
Res ipsa loquitar
51% or 52%
Non est factum

3. 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?
Breach of contract
Reasonable Person Test
Land - buildings - fixtures
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

4. 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
Damages that are imposed to punish and to make an example of the offending party
Restrictive covenant
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Vicarious Liability

5. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Reasons a contract may be impeached
Option
Contributory Negligence

6. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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
Power of attorney

7. List the 3 subtle signs of intoxication.
Contributory negligence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Prima facie
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

8. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Duty to mitigate
Easement
Amortization

9. Author of the 1948 Universal Declaration of Human Rights
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
Summary conviction (minor) - indictable (serious) - hybrid
Negligence Per se

10. 3 types of offenses in a criminal procedure
Actus reus and Mens rea
Absolute liability
Summary conviction - Indictable - Hybrid
Creed

11. Two kinds of negligence
Contributory negligence
Intentional - Unintentional
Actus reus
Good Samaritan Legislation

12. Conditions for rightful dismissal.
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Repudiation - Sabotage - Failure to perform
Neighbour principle

13. What are three ways a contract is breached
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform

14. Division of law that defines rights and remedies
Repudiation - sabotage - failure to perform
Substantive Law
Habeas corpus
By Performance - By Agreement - By Frustration - By Operation of law

15. Damages are awarded to compensate the injured party
Duty to mitigate
Vicarious liability
General damages
Infra hospitium

16. List the 4 conditions of adverse possession. (squatter's rights)
Gratuitous Promise
Positive law
Specific deterrence - general deterrence - rehabilitation - protection of the public
Open and notorious - unchallenged - exclusive - continuous

17. 'Reasonable worth of the good'
Quantum meruit
Group termination
Sole proprietorship - partnership - and corporations
Independent contractors - employees

18. This person acts on behalf of the principal
Reiver
Private law
Agent
Landlord-tenant

19. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Surcharge
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Option

20. 5 possible consequences if you default on your mortgage?
4 items that should be included in the job description
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Power of attorney
Proximate cause of the injury

21. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
John Humphrey
Prima facie
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Good Samaritan Legislation

22. Amount added on to a usual charge for a specific product - purpose - or service.
Trade mark
Restrictive covenant
Surcharge
Constitution

23. The exchange of benefits; the price a party pays for the promise
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Acts of God - acts of a public enemy - guests' own negligence
Municipal government
Consideration

24. The amount he merits
Lie flat to distribute the force of the impact
Quantum merits
E. Coli
Financial disloyalty - falsified qualifications - gross and continuing incompetence

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

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26. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Non est factum
Duty to mitigate
Repudiation - sabotage - failure to perform
Uttering

27. Notices of statutory provisions limiting liability be posted where?
Intentional - Unintentional
Prima facie
1) in the office - 2) every guestroom - and 3) public rooms (area).
Passing off

28. Latin for guilty act and guilty mind
Actus reus and Mens rea
Vicarious Liability
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.
Price fixing

29. Damages imposed to make an example of the wrongdoer
Exemplary damages
Good Samaritan Legislation
To 'perfect' a lien
Equitable estoppal

30. When 50 or more employees are laid off within 2 months.
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
Intentional - Unintentional
Group termination
Players in the legal system

31. Latin for 'the thing speaks for itself'
John Humphrey
Landlord-tenant
Res ipsa loquitar
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.

32. Stages of a civil action
Contributory negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Discoveries Stage
Power of attorney

33. Political - religious beliefs - and affiliations
Theft of services
Creed
The items that should be included in a job description
Unconscionable transactions

34. What must be established to substantiate a claim for bailment?
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
Innocent - negligent - fraudulent
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
Easement

35. 5 reasons for evicting a guest.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Actus reus
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
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.

36. Surviving a falling elevator
Lie flat to distribute the force of the impact
Damages that are imposed to punish and to make an example of the offending party
Vicarious Liability
Uttering

37. Most difficult element of negligence to prove
Duty to mitigate
Disclaimer
Innocent - negligent - fraudulent
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

38. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
420 to 700 hours depending on the regional unemployment rate
Positive Law
Uttering
Intentional torts

39. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Criminal - Family - Youth - Small claims court
Negligence Per se
Sole proprietorship - partnership - and corporations
Injurious Falsehood

40. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
The kinds of misrepresentation
Actus reus and Mens rea
Consideration

41. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Independent contractors - employees
Types of contracts which must be in writing
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

42. A restriction placed on some aspect of land use.
Non est factum
Section 33 of the Charter
Restrictive covenant
Reasons a contract may be impeached

43. The period of time required to pay off the principal completely at a set interest rate.
Surcharge
Uttering
Amortization
Proximate cause of the injury

44. 3 types of business structures.
Parol Evidence Rule
Reasons a contract may be impeached
Positive law
Sole proprietorship - partnership - and corporations

45. Latin term for 'On the face of it'.
Positive law
Defamation
Common - mutual and unilateral.
Prima facie

46. A right to use another's land for a specific purpose.
Innocent - negligent - fraudulent
Easement
The owner
Merit

47. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
4 items that should be included in the job description
Floating charge
To 'perfect' a lien
Theft of services

48. Governor general and lieutenant governors
Sunset Clause
Intentional - Unintentional
Negligent Misrepresentation
Royal prerogatives

49. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Trade mark
Agent
Negligence

50. Three types of offences
Summary conviction - indictable - and hybrid
Repudiation - sabotage - failure to perform
Sole proprietorship - partnership - and corporations
'The thing speaks for itself'