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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. 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.
Unilateral Contract
Thin Skull Rule
Restrictive covenant
Consideration

2. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Absolute liability
Noncompetition/nonsolicitation clauses
Passing off

3. Three types of intangibles
Intentional - Unintentional
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 2 classes of servants
John Humphrey

4. A plaintiff is partly or solely the cause of his or her own injury.
Notary
Easement
Contributory negligence
Option

5. The plaintiff has been injured upon the result of his own negligence
E. Coli
Unconscionable transactions
Contributory Negligence
Merit

6. Surviving a falling elevator
Lie flat to distribute the force of the impact
Criminal - Family - Youth - Small claims court
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Types of contracts which must be in writing

7. A person who becomes ill but did not pay for the meal can sue the establishment
Bona fide occupational requirement
Neighbour principle
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
98%

8. Political - religious beliefs - and affiliations
Creed
$413 or 55% of the claimant's average insured earnings (whichever is less)
Habeas corpus
Reiver

9. What must be established to substantiate a claim for bailment?
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
Royal prerogatives
Intentional torts
Option

10. The division of law associated with interpersonal matters
Actus reus and Mens rea
Private law
Factoring
Repudiation - sabotage - failure to perform

11. An advertisement is an example of this... lets people know that you are ready to accept offers
Intentional torts
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
Invitation to treat
Creed

12. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Lie flat to distribute the force of the impact
Defenses to intentional Torts
Intentional - Unintentional
Actus reus

13. What are three ways a contract is breached
Food and Drugs Act
Power of attorney
Repudiation - Sabotage - Failure to perform
Exceptions to the privity of contract rule

14. Law created by a person or body with authority to enact and enforce it
Contributory negligence
Positive Law
Restrictive covenant
Equity financing - debt financing - sale of assets

15. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Non delegable duty
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.
Duty to mitigate
Summary conviction - indictable - and hybrid

16. 3 types of offenses in a criminal procedure
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Ultra vires
Non est factum
Summary conviction - Indictable - Hybrid

17. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Shareholders - board of directors - statutory officers - employees - and creditors
E. Coli
Exceptions to the privity of contract rule

18. When 50 or more employees are laid off within 2 months.
Exemplary damages
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Group termination
Exceptions to the privity of contract rule

19. Another word for 'reafian'?
Intentional torts
Trademark infringement
Actus reus
Reiver

20. A duty that cannot be given to someone else
Price fixing
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.
Non delegable duty
Intentional - Unintentional

21. Accommodations that are not considered 'inns'.
Open and notorious - unchallenged - exclusive - continuous
Salmonella
Natural Law
Boarding house - a rooming house - homes for seniors - and time-share arrangements

22. What are the 3 types of bailment?
Non est factum
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Injurious Falsehood
Exemplary damages

23. Selling accounts receivable at a discount.
Positive Law
Factoring
The parol evidence rule
Landlord-tenant

24. Bailment for the sole benefit of the bailor.
Personal and real
4 items that should be included in the job description
Gratuitous bailment
Exemplary damages

25. Damages imposed to make an example of the wrongdoer
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Parol Evidence Rule
Group termination
Exemplary damages

26. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Express deposit
Consideration

27. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Independent contractors - employees
Instances under which an offer lapses
Breach of contract

28. Beyond a reasonable doubt is what probability
E. Coli
98%
Res ipsa loquitar
Positive law

29. Independent contractors and employees.
The 2 classes of servants
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Habeas corpus
Duty to mitigate

30. Latin term for 'On the face of it'.
Group termination
Four purpose of sentencing
Thin Skull Rule
Prima facie

31. What are the 3 ways employment can be terminated?
E. Coli
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
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Trade mark

32. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The kinds of misrepresentation
Passing off
Parol Evidence Rule

33. Governor general and lieutenant governors
Positive Law
Negligence
Royal prerogatives
Fiduciary Duty

34. Author of the Universal Declaration of Human Rights in 1948?
1) in the office - 2) every guestroom - and 3) public rooms (area).
John Humphrey
Negligent Misrepresentation
Nepotism

35. This person acts on behalf of the principal
Players in the legal system
Defenses to intentional Torts
Intentional - Unintentional
Agent

36. Two types of negligence
Intentional - Unintentional
Legal realism
Intentional torts
Defenses to intentional Torts

37. Allows a legislation to override the Charter
Natural Law
Exceptions to the privity of contract rule
Surcharge
Section 33 of the Charter

38. First stage in a criminal court procedure
Municipal government
Unconscionable transactions
Arraignment
Exceptions to the privity of contract rule

39. Favoritism granted to relatives or friends regardless of merit
Thin Skull Rule
Nepotism
51% or 52%
Prima facie

40. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Constitution
General - Punitive - Exemplary
Express deposit
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

41. Guilty mind.
Intentional - Unintentional
Mens rea
Agent
Option

42. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Legal realism
98%
Land - buildings - fixtures
Types of contracts which must be in writing

43. A restriction placed on some aspect of land use.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Theft of services
Restrictive covenant
Open and notorious - unchallenged - exclusive - continuous

44. A right to use another's land for a specific purpose.
Injurious Falsehood
Easement
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
'The thing speaks for itself'

45. It is not my deed
Absolute liability
Passing off
Non est factum
Instances under which an offer lapses

46. 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
Power of attorney
Royal prerogatives
Players in the legal system
The 4 principles of Equal Pay legislation

47. Food poisoning from hamburger
Instances under which an offer lapses
Theft of services
E. Coli
Infra hospitium

48. The exchange of benefits; the price a party pays for the promise
Consideration
Exceptions to the privity of contract rule
Surcharge
Quantum meruit

49. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Neighbour principle
1) in the office - 2) every guestroom - and 3) public rooms (area).
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence

50. What does real property include?
Infra hospitium
Land - buildings - fixtures
4 items that should be included in the job description
The parol evidence rule