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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. You shall have the body
Summary conviction (minor) - indictable (serious) - hybrid
Bona fide occupational requirement
Habeas corpus
51% or 52%

2. Accommodations that are not considered 'inns'.
Passing off
Repudiation - sabotage - failure to perform
Surcharge
Boarding house - a rooming house - homes for seniors - and time-share arrangements

3. A right to use another's land for a specific purpose.
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Easement
Restrictive covenant

4. A restriction placed on some aspect of land use.
Restrictive covenant
Royal prerogatives
Duty to mitigate
Substantive Law

5. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Habeas corpus
Nepotism
Types of contracts which must be in writing
Discoveries Stage

6. This person acts on behalf of the principal
Unilateral Contract
420 to 700 hours depending on the regional unemployment rate
Agent
Duty to mitigate

7. What does real property include?
Gratuitous bailment
Land - buildings - fixtures
'The thing speaks for itself'
Royal prerogatives

8. Three types of offences
Equitable estoppal
Noncompetition/nonsolicitation clauses
Summary conviction - indictable - and hybrid
Negligence

9. Amount added on to a usual charge for a specific product - purpose - or service.
The 2 classes of servants
Surcharge
John Humphrey
Duty to mitigate

10. Balance of probability needed to win a civil case
1) in the office - 2) every guestroom - and 3) public rooms (area).
51% or 52%
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.
Reiver

11. The price a party pays for the promise.
Consideration
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Positive law
Passing off

12. Innocent - negligent and fraudulent
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
The kinds of misrepresentation
Infra hospitium
Fiduciary Duty

13. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Common - mutual and unilateral.
Passing off
Restrictive covenant

14. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Acts of God - acts of a public enemy - guests' own negligence
Amortization

15. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Salmonella
Duty to mitigate
Sunset Clause
The 2 classes of servants

16. What is the maximum weekly EI benefit?

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17. 'Reasonable worth of the good'
Factoring
Quantum meruit
Negligent Misrepresentation
Democratic rights to vote or run for election

18. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
General - Punitive - Exemplary
Acts of God - acts of a public enemy - guests' own negligence

19. Guilty act in Latin.
Actus reus
Exceptions to the privity of contract rule
Breach of contract
Players in the legal system

20. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Agent
Acts of God - acts of a public enemy - guests' own negligence
Amortization

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

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22. Discrimination that is actually encouraged in our society
Merit
Easement
The 4 principles of Equal Pay legislation
Repudiation - sabotage - failure to perform

23. Governor general and lieutenant governors
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Municipal government
Royal prerogatives
Consideration

24. Beyond a reasonable doubt is what probability
98%
Municipal government
Defamation
Quantum meruit

25. 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
Quantum meruit
The 4 principles of Equal Pay legislation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Good Samaritan Legislation

26. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Gratuitous Promise
Defamation
Personal and real
Defenses to intentional Torts

27. When 50 or more employees are laid off within 2 months.
Intentional torts
The owner
Quantum merits
Group termination

28. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Equitable estoppal
Summary conviction (minor) - indictable (serious) - hybrid
Duty to mitigate
Nepotism

29. Minimum amount of hours needed to be eligible for EI benefits.
Substantive Law
420 to 700 hours depending on the regional unemployment rate
Natural Law
Stare decisis

30. What would a careful - thoughtful person in the same circumstances have done
Criminal - Family - Youth - Small claims court
Group termination
Reasonable Person Test
Municipal government

31. What must be established to substantiate a claim for bailment?
Legal realism
Amortization
6 primary purposes of tort law
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

32. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Common - mutual and unilateral.
Discoveries Stage
Negligence Per se
Equitable estoppal

33. A symbol - word - name or device used to identify or signify a company or its product.
Repudiation - Sabotage - Failure to perform
Summary conviction - indictable - and hybrid
Trade mark
Gratuitous Promise

34. 'It stands decided'
Negligence Per se
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Stare decisis

35. An advertisement is an example of this... lets people know that you are ready to accept offers
Duty to mitigate
Gratuitous bailment
Invitation to treat
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

36. What does BFOR stand for?
Infra hospitium
Agent
Bona fide occupational requirement
Gratuitous bailment

37. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Non est factum
Vicarious Liability
Proximate cause of the injury

38. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Instances under which an offer lapses
Merit

39. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Power of attorney
Constitution
Trade mark
Absolute liability

40. The level of government in charge of bylaws
Equity financing - debt financing - sale of assets
Municipal government
Duty to mitigate
Group termination

41. Four methods to prevent potential legal action against your business.
The 4 principles of Equal Pay legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
4 items that should be included in the job description
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

42. Another word for 'reafian'?
420 to 700 hours depending on the regional unemployment rate
Unilateral Contract
Disclaimer
Reiver

43. Allows a legislation to override the Charter
Section 33 of the Charter
Non est factum
Exceptions to the privity of contract rule
Duty to mitigate

44. 5 possible consequences if you default on your mortgage?
6 primary purposes of tort law
Damages that are imposed to punish and to make an example of the offending party
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Absolute liability

45. Author of the 1948 Universal Declaration of Human Rights
General damages
John Humphrey
Positive law
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.

46. When the police do not need a warrant to search your residence and/or business?
Non est factum
Good Samaritan Legislation
Food and Drugs Act
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

47. Legal responsibility for the negligence of another person
The 2 classes of servants
Vicarious liability
Summary conviction (minor) - indictable (serious) - hybrid
Uttering

48. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Exemplary damages
Food and Drugs Act
Defenses to intentional Torts
Absolute liability

49. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Noncompetition/nonsolicitation clauses
Positive law
Habeas corpus

50. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Absolute liability
Negligent Misrepresentation
Parol Evidence Rule