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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. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
98%
Municipal government
Exceptions to the privity of contract rule
Absolute liability

2. You shall have the body
Habeas corpus
E. Coli
Royal prerogatives
Personal and real

3. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Positive law

4. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
E. Coli
John Humphrey

5. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Salmonella
Exceptions to the privity of contract rule
Res ipsa loquitar
Intentional - Unintentional

6. Allows a legislation to override the Charter
Price fixing
Section 33 of the Charter
Express deposit
Disclaimer

7. The level of government in charge of bylaws
Types of contracts which must be in writing
Municipal government
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Fiduciary Duty

8. Governor general and lieutenant governors
Royal prerogatives
Contributory negligence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.

9. Four methods to prevent potential legal action against your business.
Passing off
Intentional - Unintentional
Actus reus
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

10. List 3 ways to finance a new or existing business.
Damages that are imposed to punish and to make an example of the offending party
Habeas corpus
Gratuitous Promise
Equity financing - debt financing - sale of assets

11. The most difficult element of negligence to prove
Gratuitous bailment
John Humphrey
Types of contracts which must be in writing
Proximate cause of the injury

12. Once a contract is written - it cannot be changed without consent of both parties.
The 4 principles of Equal Pay legislation
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.
The parol evidence rule
Amortization

13. What does BFOR stand for?
'The thing speaks for itself'
Bona fide occupational requirement
Summary conviction (minor) - indictable (serious) - hybrid
Reasonable Person Test

14. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Legal realism
Parol Evidence Rule

15. 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.
Equitable estoppel
Democratic rights to vote or run for election
Intentional torts
Creed

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

17. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Passing off
Instances under which an offer lapses
Private law

18. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
General - Punitive - Exemplary
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Landlord-tenant
Disclaimer

19. Guilty act in Latin.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory Negligence
Actus reus
Private law

20. When the police do not need a warrant to search your residence and/or business?
Section 33 of the Charter
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
4 items that should be included in the job description
Good Samaritan Legislation

21. 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.
Absolute liability
Parol Evidence Rule
Criminal - Family - Youth - Small claims court

22. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Innocent - negligent - fraudulent
Private law
Surcharge

23. Political - religious beliefs - and affiliations
Breach of contract
420 to 700 hours depending on the regional unemployment rate
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.
Creed

24. What are the three exceptions to the common law absolute liability rule.

25. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Easement
Uttering
Reasonable Person Test

26. Regulation - deterrence - compensation - dispute resolution - education and prevention
General - Punitive - Exemplary
6 primary purposes of tort law
Passing off
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.

27. 3 types of offenses in a criminal procedure
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.
6 primary purposes of tort law
Summary conviction - Indictable - Hybrid
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

28. Use of another company's business name or logo without permission.
Trademark infringement
Surcharge
Floating charge
Trade mark

29. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Salmonella
The 2 classes of servants
Unconscionable transactions

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Easement
Discoveries Stage
Sole proprietorship - partnership - and corporations

31. Innocent - negligent and fraudulent
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The kinds of misrepresentation
Reasonable Person Test
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

32. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Negligence Per se
Group termination
Intentional torts
Equitable estoppal

33. Balance of probability needed to win a civil case
51% or 52%
To 'perfect' a lien
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
John Humphrey

34. This person acts on behalf of the principal
Agent
Option
Express deposit
Exceptions to the privity of contract rule

35. 'Reasonable worth of the good'
98%
Uttering
Notary
Quantum meruit

36. Defaming a business - a product or a property rather than a person.
The owner
Neighbour principle
Royal prerogatives
Injurious Falsehood

37. What is the maximum weekly EI benefit?

38. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Exceptions to the privity of contract rule
Repudiation - sabotage - failure to perform
Negligent Misrepresentation

39. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Damages that are imposed to punish and to make an example of the offending party
Sunset Clause
'The thing speaks for itself'
Nepotism

40. Discrimination that is actually encouraged in our society
Noncompetition/nonsolicitation clauses
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.
Merit
Summary conviction - indictable - and hybrid

41. What are three ways a contract is breached
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Price fixing
Repudiation - Sabotage - Failure to perform
The items that should be included in a job description

42. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Ultra vires
Unconscionable transactions
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Group termination

43. Two kinds of negligence
Nepotism
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Intentional - Unintentional
Express deposit

44. Someone who certifies documents - but does not draft documents
Trade mark
Notary
Non est factum
Democratic rights to vote or run for election

45. A restriction placed on some aspect of land use.
Notary
Restrictive covenant
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

46. Laws duly enacted by a person or body having the authority to enact and enforce them.
Summary conviction - Indictable - Hybrid
Passing off
Discoveries Stage
Positive law

47. Law created by a person or body with authority to enact and enforce it
Infra hospitium
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Positive Law
Contributory negligence

48. Beyond a reasonable doubt is what probability
Common - mutual and unilateral.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
98%
Open and notorious - unchallenged - exclusive - continuous

49. Favoritism granted to relatives or friends regardless of merit
Independent contractors - employees
Prima facie
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Nepotism

50. Selling accounts receivable at a discount.
Factoring
Merit
Non est factum
Actus reus