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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. Surviving a falling elevator
Lie flat to distribute the force of the impact
Criminal - Family - Youth - Small claims court
Habeas corpus
Four purpose of sentencing

2. The level of government in charge of bylaws
Municipal government
Reasons a contract may be impeached
Passing off
The 2 classes of servants

3. An advertisement is an example of this... lets people know that you are ready to accept offers
Agent
Actus reus and Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Invitation to treat

4. Latin for guilty act and guilty mind
Good Samaritan Legislation
Passing off
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Actus reus and Mens rea

5. 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
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Ultra vires
General damages
The items that should be included in a job description

6. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Open and notorious - unchallenged - exclusive - continuous
Constitution
1) in the office - 2) every guestroom - and 3) public rooms (area).
Passing off

7. Use of another company's business name or logo without permission.
Unilateral Contract
Innocent - negligent - fraudulent
Trademark infringement
Quantum merits

8. Promises made without consideration
Infra hospitium
Gratuitous Promise
Option
Ultra vires

9. 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
The 4 principles of Equal Pay legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Financial disloyalty - falsified qualifications - gross and continuing incompetence

10. Division of Lower Provincial Courts
Agent
Reasonable Person Test
Duty to mitigate
Criminal - Family - Youth - Small claims court

11. Bailment for the sole benefit of the bailor.
Disclaimer
Gratuitous bailment
E. Coli
Reiver

12. An agreement by an offeror to leave an offer open for a specified period of time
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
Fiduciary Duty
Option
1) in the office - 2) every guestroom - and 3) public rooms (area).

13. What are the 3 types of bailment?
Equitable estoppal
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Open and notorious - unchallenged - exclusive - continuous

14. The plaintiff has been injured upon the result of his own negligence
Theft of services
51% or 52%
Contributory Negligence
Negligence Per se

15. When two or more suppliers conspire to set prices.
'The thing speaks for itself'
Price fixing
Open and notorious - unchallenged - exclusive - continuous
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

16. Someone who certifies documents - but does not draft documents
Parol Evidence Rule
Salmonella
Notary
Gratuitous Promise

17. Allows a legislation to override the Charter
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Section 33 of the Charter
Fiduciary Duty
Consideration

18. It is not my deed
Sunset Clause
Non est factum
Constitution
Reasonable Person Test

19. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
The 4 principles of Equal Pay legislation

20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Breach of contract
Food and Drugs Act
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Absolute liability

21. Under contract law - list the three types of mistake the law recognizes.
Breach of contract
Vicarious 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.
Common - mutual and unilateral.

22. list 4 elements of bailment
Types of contracts which must be in writing
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.
Actus reus
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

23. A symbol - word - name or device used to identify or signify a company or its product.
Prima facie
Express deposit
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trade mark

24. An agreement by an offeror to leave an offer open for a specified period of time.
Private law
Option
Notary
Negligent Misrepresentation

25. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Exemplary damages
4 items that should be included in the job description
The owner

26. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Instances under which an offer lapses
Exceptions to the privity of contract rule
The 2 classes of servants

27. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Legal realism
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Res ipsa loquitar

28. Author of the Universal Declaration of Human Rights
The kinds of misrepresentation
Common - mutual and unilateral.
Bona fide occupational requirement
John Humphrey

29. Favoritism granted to relatives or friends regardless of merit
Consideration
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Nepotism
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

30. Who owns mislaid property?
Habeas corpus
The owner
Shareholders - board of directors - statutory officers - employees - and creditors
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

31. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Unilateral Contract
Consideration
Disclaimer
Passing off

32. When the police do not need a warrant to search your residence and/or business?
Criminal - Family - Youth - Small claims court
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Vicarious liability
Arraignment

33. Selling accounts receivable at a discount.
Option
Personal and real
Factoring
Passing off

34. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Fiduciary Duty

35. Three types of offences
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
Passing off
Summary conviction - indictable - and hybrid
Specific deterrence - general deterrence - rehabilitation - protection of the public

36. A duty that cannot be given to someone else
Fiduciary Duty
Players in the legal system
Non delegable duty
Gratuitous bailment

37. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Lie flat to distribute the force of the impact
E. Coli
Consideration

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Intentional - Unintentional
Natural Law
Exceptions to the privity of contract rule
Reiver

39. Division of law that defines rights and remedies
The 2 classes of servants
Habeas corpus
Substantive Law
Power of attorney

40. Within the walls of the inn
Damages that are imposed to punish and to make an example of the offending party
E. Coli
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium

41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Unilateral Contract
Ultra vires
Passing off
Fiduciary Duty

42. A restriction placed on some aspect of land use.
Restrictive covenant
Repudiation - sabotage - failure to perform
The 4 principles of Equal Pay legislation
Floating charge

43. Another word for 'reafian'?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Reiver
Personal and real
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

44. 5 possible consequences if you default on your mortgage?
Ultra vires
Exemplary damages
Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

45. 2 classes of servants.
Invitation to treat
Independent contractors - employees
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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

46. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Sole proprietorship - partnership - and corporations
The items that should be included in a job description
Municipal government
Summary conviction - indictable - and hybrid

47. A promise for an action
Stare decisis
Unilateral Contract
Power of Attorney
Specific deterrence - general deterrence - rehabilitation - protection of the public

48. Types of Damages
Landlord-tenant
Salmonella
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
General - Punitive - Exemplary

49. Governor general and lieutenant governors
Royal prerogatives
Actus reus
Food and Drugs Act
Contributory negligence

50. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Absolute liability
Reiver
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

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Hospitality Law

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