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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. Author of the Universal Declaration of Human Rights
Reasonable Person Test
John Humphrey
51% or 52%
The kinds of misrepresentation

2. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Thin Skull Rule
Food and Drugs Act
The kinds of misrepresentation
Exceptions to the privity of contract rule

3. A symbol - word - name or device used to identify or signify a company or its product.
Exceptions to the privity of contract rule
The items that should be included in a job description
Trade mark
Players in the legal system

4. Governor general and lieutenant governors
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Royal prerogatives
John Humphrey
Equitable estoppal

5. Two types of negligence
Res ipsa loquitar
Sunset Clause
Intentional - Unintentional
Substantive Law

6. Alcohol misuse under the Liquor License Act
Discoveries Stage
Equitable estoppal
Vicarious Liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

7. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Intentional torts
Contributory negligence
The 2 classes of servants

8. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Sole proprietorship - partnership - and corporations
Intentional torts
Duty to mitigate
Gratuitous bailment

9. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Ultra vires
'The thing speaks for itself'
51% or 52%

10. First stage in a criminal court procedure
Arraignment
420 to 700 hours depending on the regional unemployment rate
Negligence Per se
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

11. Three types of intangibles
Negligence Per se
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Land - buildings - fixtures

12. An agreement by an offeror to leave an offer open for a specified period of time.
Creed
Fiduciary Duty
John Humphrey
Option

13. A plaintiff is partly or solely the cause of his or her own injury
Positive Law
Contributory negligence
Summary conviction - Indictable - Hybrid
Damages that are imposed to punish and to make an example of the offending party

14. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Sole proprietorship - partnership - and corporations
Natural Law
Duty to mitigate

15. Spoken and written defamation
The 4 principles of Equal Pay legislation
Slander and Libel
Agent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

16. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Vicarious Liability
Disclaimer
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
General damages

17. The price a party pays for the promise.
Amortization
Contributory negligence
Consideration
Innocent - negligent - fraudulent

18. Author of the Universal Declaration of Human Rights in 1948?
420 to 700 hours depending on the regional unemployment rate
John Humphrey
Non est factum
Option

19. 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.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Section 33 of the Charter
Notary

20. How contracts can be discharged
Repudiation - sabotage - failure to perform
Food and Drugs Act
Proximate cause of the injury
By Performance - By Agreement - By Frustration - By Operation of law

21. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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.
Absolute liability
Quantum merits

22. Laws duly enacted by a person or body having the authority to enact and enforce them.
Fiduciary Duty
Positive law
Restrictive covenant
Contributory negligence

23. The level of government in charge of bylaws
Municipal government
Damages that are imposed to punish and to make an example of the offending party
John Humphrey
Res ipsa loquitar

24. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
The owner
E. Coli
Infra hospitium

25. Bailment for the sole benefit of the bailor.
Exemplary damages
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Gratuitous bailment
Power of Attorney

26. Fundamental freedoms in Section 2 of the Charter
Factoring
Intentional - Unintentional
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Summary conviction (minor) - indictable (serious) - hybrid

27. Latin term for within or on the premises of the inn (extension of the inn).
51% or 52%
Infra hospitium
Private law
Merit

28. list 4 elements of bailment
John Humphrey
Negligence Per se
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The owner

29. Surviving a falling elevator
Lie flat to distribute the force of the impact
Infra hospitium
Nepotism
4 items that should be included in the job description

30. Latin for guilty act and guilty mind
Actus reus and Mens rea
Exceptions to the privity of contract rule
Legal realism
Easement

31. Balance of probability needed to win a civil case
Intentional - Unintentional
51% or 52%
Repudiation - Sabotage - Failure to perform
Land - buildings - fixtures

32. What is the maximum weekly EI benefit?

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33. 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.
Gratuitous bailment
Quantum meruit
Theft of services
The items that should be included in a job description

34. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Common - mutual and unilateral.
Merit
Ultra vires
Food and Drugs Act

35. Legal responsibility for the negligence of another person
Sole proprietorship - partnership - and corporations
Vicarious liability
Sunset Clause
6 primary purposes of tort law

36. Innocent - negligent and fraudulent
The kinds of misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law
Instances under which an offer lapses
Financial disloyalty - falsified qualifications - gross and continuing incompetence

37. 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?
Power of Attorney
Non est factum
Breach of contract
To 'perfect' a lien

38. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Innocent - negligent - fraudulent
Intentional torts
Equitable estoppal

39. Once a contract is written - it cannot be changed without consent of both parties.
Price fixing
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
51% or 52%
The parol evidence rule

40. Discrimination that is actually encouraged in our society
Merit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Summary conviction - indictable - and hybrid
Intentional - Unintentional

41. 'It stands decided'
Stare decisis
Duty to mitigate
Natural Law
Fiduciary Duty

42. Use of another company's business name or logo without permission.
Democratic rights to vote or run for election
Trademark infringement
Express deposit
Salmonella

43. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Food and Drugs Act
Contributory Negligence
Exceptions to the privity of contract rule

44. 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
Good Samaritan Legislation
By Performance - By Agreement - By Frustration - By Operation of law
Sole proprietorship - partnership - and corporations
Defamation

45. Once a contract is written - it cannot be changed without the consent of both parties
Agent
Sunset Clause
Parol Evidence Rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

46. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Passing off
The parol evidence rule
Power of attorney

47. Notices of statutory provisions limiting liability be posted where?
Reasonable Person Test
1) in the office - 2) every guestroom - and 3) public rooms (area).
Equitable estoppal
Substantive Law

48. 'To have the body'
Exceptions to the privity of contract rule
The kinds of misrepresentation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Habeas corpus

49. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
The 4 principles of Equal Pay legislation
Specific deterrence - general deterrence - rehabilitation - protection of the public
4 items that should be included in the job description

50. Political - religious beliefs - and affiliations
Habeas corpus
Creed
Consideration
'The thing speaks for itself'