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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. Law based on moral - religious or philosophical grounds
Natural Law
Vicarious liability
Vicarious Liability
Legal realism

2. What does BFOR stand for?
John Humphrey
Exemplary damages
Players in the legal system
Bona fide occupational requirement

3. Circumstances in which the authorities do not need a warrant to search your premises
Factoring
Repudiation - sabotage - failure to perform
Res ipsa loquitar
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

4. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Actus reus
Habeas corpus
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

5. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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6. Two types of negligence
Intentional - Unintentional
General damages
The kinds of misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law

7. Allows a legislation to override the Charter
Section 33 of the Charter
Unconscionable transactions
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 2 classes of servants

8. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Substantive Law
Factoring
Passing off

9. Latin for 'the thing speaks for itself'
Duty to mitigate
Res ipsa loquitar
Express deposit
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

10. The level of government in charge of bylaws
Municipal government
Amortization
Infra hospitium
Injurious Falsehood

11. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Food and Drugs Act
Trademark infringement
The 2 classes of servants

12. What is the maximum weekly EI benefit?

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13. Types of Damages
Proximate cause of the injury
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
General - Punitive - Exemplary
Repudiation - sabotage - failure to perform

14. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Amortization
Instances under which an offer lapses
Passing off

15. 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
Infra hospitium
Vicarious Liability
Good Samaritan Legislation
Defenses to intentional Torts

16. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Landlord-tenant
Criminal - Family - Youth - Small claims court
$413 or 55% of the claimant's average insured earnings (whichever is less)

17. Author of the 1948 Universal Declaration of Human Rights
Actus reus
Option
John Humphrey
Instances under which an offer lapses

18. Minimum amount of hours needed to be eligible for EI benefits.
Fiduciary Duty
420 to 700 hours depending on the regional unemployment rate
Arraignment
Positive Law

19. Fundamental freedoms in Section 2 of the Charter
Common - mutual and unilateral.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Specific deterrence - general deterrence - rehabilitation - protection of the public
Four purpose of sentencing

20. Once a contract is written - it cannot be changed without consent of both parties.
Constitution
Contributory negligence
The parol evidence rule
Amortization

21. How contracts can be discharged
Passing off
The items that should be included in a job description
Negligent Misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law

22. What are the 3 ways employment can be terminated?
John Humphrey
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
4 items that should be included in the job description
Express deposit

23. Defaming a business - a product or a property rather than a person.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Reasons a contract may be impeached
Injurious Falsehood

24. The most difficult element of negligence to prove
Contributory negligence
Fiduciary Duty
Proximate cause of the injury
Reiver

25. Another word for 'reafian'?
Food and Drugs Act
Independent contractors - employees
Ultra vires
Reiver

26. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Natural Law
Power of Attorney
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Vicarious liability

27. Damages are awarded to compensate the injured party
Fiduciary Duty
General damages
Gratuitous bailment
Defenses to intentional Torts

28. Notices of statutory provisions limiting liability be posted where?
420 to 700 hours depending on the regional unemployment rate
1) in the office - 2) every guestroom - and 3) public rooms (area).
Non est factum
Neighbour principle

29. The exchange of benefits; the price a party pays for the promise
Trade mark
Uttering
Positive law
Consideration

30. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Power of attorney
Section 33 of the Charter
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Duty to mitigate

31. Guilty act in Latin.
E. Coli
Actus reus
'The thing speaks for itself'
Habeas corpus

32. Legal responsibility for the negligence of another person
Repudiation - sabotage - failure to perform
Negligence Per se
By Performance - By Agreement - By Frustration - By Operation of law
Vicarious liability

33. Someone who certifies documents - but does not draft documents
Notary
General damages
Unconscionable transactions
Creed

34. Bailment for the sole benefit of the bailor.
Acts of God - acts of a public enemy - guests' own negligence
Gratuitous bailment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Instances under which an offer lapses

35. Law created by a person or body with authority to enact and enforce it
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Positive Law
Innocent - negligent - fraudulent
4 items that should be included in the job description

36. First stage in a criminal court procedure
Personal and real
Trade mark
Arraignment
Restrictive covenant

37. Within the walls of the inn
Infra hospitium
Food and Drugs Act
Common - mutual and unilateral.
Passing off

38. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Consideration
Defenses to intentional Torts
Food and Drugs Act
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

39. This relationship exists when one person has the power to affect another person's property or legal interests
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Fiduciary Duty
Infra hospitium
Non delegable duty

40. Selling accounts receivable at a discount.
Merit
Infra hospitium
The owner
Factoring

41. Most difficult element of negligence to prove
Arraignment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Food and Drugs Act
Proximate cause of the injury

42. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Surcharge
Specific deterrence - general deterrence - rehabilitation - protection of the public
51% or 52%

43. Balance of probability needed to win a civil case
51% or 52%
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.
Sole proprietorship - partnership - and corporations
Quantum meruit

44. An agreement by an offeror to leave an offer open for a specified period of time
Open and notorious - unchallenged - exclusive - continuous
Sunset Clause
Gratuitous Promise
Option

45. Latin term for 'It is not my deed
Non est factum
Exceptions to the privity of contract rule
Negligence Per se
Injurious Falsehood

46. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Summary conviction - indictable - and hybrid
Negligence Per se
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

47. 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
Reasonable Person Test
General - Punitive - Exemplary
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

48. Promises made without consideration
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Theft of services
Common - mutual and unilateral.
Gratuitous Promise

49. What are three ways a contract is breached
$413 or 55% of the claimant's average insured earnings (whichever is less)
Discoveries Stage
Reiver
Repudiation - Sabotage - Failure to perform

50. 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
Fiduciary Duty
Power of attorney
Neighbour principle
Municipal government