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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. Bailment for the sole benefit of the bailor.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Food and Drugs Act
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Gratuitous bailment

2. Most difficult element of negligence to prove
General - Punitive - Exemplary
The kinds of misrepresentation
Power of Attorney
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

3. List 5/6 items employers can expect from their employees
Defenses to intentional Torts
'The thing speaks for itself'
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Democratic rights to vote or run for election

4. The publication of a false statement about someone either verbally or in writing which damages their reputation
Negligence
Trademark infringement
Defamation
Substantive Law

5. Law is whatever judges say it is...
Surcharge
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Actus reus and Mens rea
Legal realism

6. 'Reasonable worth of the good'
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Quantum meruit
Neighbour principle
Unilateral Contract

7. List the 3 subtle signs of intoxication.
Non est factum
Contributory Negligence
6 primary purposes of tort law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

8. The most difficult element of negligence to prove
Substantive Law
Proximate cause of the injury
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Non delegable duty

9. Stages of a civil action
E. Coli
98%
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Unconscionable transactions

10. 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
Amortization
Ultra vires
Positive Law
Innocent - negligent - fraudulent

11. How can an employer escape alcohol misuse 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.
Non est factum
Passing off
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

12. What are three ways a contract is breached?
Bona fide occupational requirement
Repudiation - sabotage - failure to perform
The 2 classes of servants
Summary conviction - Indictable - Hybrid

13. A restriction placed on some aspect of land use.
Restrictive covenant
Negligent Misrepresentation
Amortization
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

14. 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
Reiver
The 4 principles of Equal Pay legislation
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
Positive law

15. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Legal realism
Summary conviction - Indictable - Hybrid
Equitable estoppel

16. Minimum amount of hours needed to be eligible for EI benefits.
Summary conviction (minor) - indictable (serious) - hybrid
Proximate cause of the injury
420 to 700 hours depending on the regional unemployment rate
Habeas corpus

17. Division of Lower Provincial Courts
Absolute liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Power of Attorney
Criminal - Family - Youth - Small claims court

18. Balance of probability needed to win a civil case
Non delegable duty
Ultra vires
51% or 52%
Consideration

19. 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
Infra hospitium
Criminal - Family - Youth - Small claims court
Power of attorney
Infra hospitium

20. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
John Humphrey
The kinds of misrepresentation
Proximate cause of the injury
Equitable estoppel

21. Someone who certifies documents - but does not draft documents
Notary
Neighbour principle
Repudiation - Sabotage - Failure to perform
John Humphrey

22. Accommodations that are not considered 'inns'.
Disclaimer
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Positive law
Gratuitous Promise

23. Allows a legislation to override the Charter
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
Section 33 of the Charter
Intentional torts
Summary conviction (minor) - indictable (serious) - hybrid

24. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Disclaimer
98%
Vicarious Liability

25. Fundamental freedoms in Section 2 of the Charter
Substantive Law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligent Misrepresentation
E. Coli

26. What are the 3 ways employment can be terminated?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The 2 classes of servants
Instances under which an offer lapses

27. Regulation - deterrence - compensation - dispute resolution - education and prevention
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Sunset Clause
6 primary purposes of tort law
Unilateral Contract

28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
4 items that should be included in the job description
$413 or 55% of the claimant's average insured earnings (whichever is less)
The parol evidence rule
Four purpose of sentencing

29. Latin for 'the thing speaks for itself'
Uttering
Res ipsa loquitar
Contributory negligence
Reasons a contract may be impeached

30. You shall have the body
Absolute liability
Habeas corpus
Vicarious liability
420 to 700 hours depending on the regional unemployment rate

31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
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.
Amortization
Discoveries Stage
Absolute liability

32. Within the walls of the inn
Non est factum
Infra hospitium
Trademark infringement
Exemplary damages

33. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Negligent Misrepresentation
98%
Express deposit
Fiduciary Duty

34. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Stare decisis
Consideration
Private law
Exceptions to the privity of contract rule

35. How contracts can be discharged
Summary conviction - indictable - and hybrid
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

36. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Shareholders - board of directors - statutory officers - employees - and creditors
Types of contracts which must be in writing
6 primary purposes of tort law
Substantive Law

37. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Infra hospitium
Parol Evidence Rule
Open and notorious - unchallenged - exclusive - continuous

38. Discrimination that is actually encouraged in our society
Passing off
Merit
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury

39. Beyond a reasonable doubt is what probability
98%
Repudiation - Sabotage - Failure to perform
Legal realism
Exceptions to the privity of contract rule

40. 5 possible consequences if you default on your mortgage?
E. Coli
Floating charge
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
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.

41. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Land - buildings - fixtures
Repudiation - sabotage - failure to perform
Passing off
Innocent - negligent - fraudulent

42. Food Poisoning from chicken
Bona fide occupational requirement
Salmonella
Landlord-tenant
Contributory negligence

43. The amount he merits
Shareholders - board of directors - statutory officers - employees - and creditors
Passing off
Quantum merits
Natural Law

44. Alcohol misuse under the Liquor License Act
Exceptions to the privity of contract rule
Option
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Vicarious Liability

45. Who owns mislaid property?
Damages that are imposed to punish and to make an example of the offending party
The owner
Substantive Law
Open and notorious - unchallenged - exclusive - continuous

46. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Defamation
Infra hospitium
Reasons a contract may be impeached

47. Circumstances in which the authorities do not need a warrant to search your premises
Specific deterrence - general deterrence - rehabilitation - protection of the public
Equitable estoppel
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
The parol evidence rule

48. Surviving a falling elevator
Lie flat to distribute the force of the impact
Criminal - Family - Youth - Small claims court
Intentional - Unintentional
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

49. What does real property include?
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
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The 4 principles of Equal Pay legislation
Land - buildings - fixtures

50. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Restrictive covenant
Instances under which an offer lapses
51% or 52%