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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. Guilty mind.
Mens rea
John Humphrey
Negligence Per se
Absolute liability

2. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Power of attorney
Group termination
John Humphrey
Food and Drugs Act

3. What are exemplary damages?
Power of Attorney
Damages that are imposed to punish and to make an example of the offending party
Noncompetition/nonsolicitation clauses
Creed

4. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Merit
Instances under which an offer lapses
Unconscionable transactions

5. What are three ways a contract is breached?
Parol Evidence Rule
Landlord-tenant
Repudiation - sabotage - failure to perform
Absolute liability

6. Amount added on to a usual charge for a specific product - purpose - or service.
Power of Attorney
Gratuitous bailment
Surcharge
Common - mutual and unilateral.

7. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Duty to mitigate
The 4 principles of Equal Pay legislation

8. Innocent - negligent and fraudulent
Proximate cause of the injury
Notary
Restrictive covenant
The kinds of misrepresentation

9. Author of the 1948 Universal Declaration of Human Rights
Duty to mitigate
Floating charge
Thin Skull Rule
John Humphrey

10. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
John Humphrey
Actus reus
Constitution
Contributory negligence

11. The price a party pays for the promise.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Consideration
Players in the legal system
Damages that are imposed to punish and to make an example of the offending party

12. Who owns mislaid property?
Gratuitous bailment
Equitable estoppel
Substantive Law
The owner

13. What does real property include?
420 to 700 hours depending on the regional unemployment rate
Land - buildings - fixtures
Power of attorney
Pleadings - discoveries - pretrial and or mediation - trial - appeals

14. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - Indictable - Hybrid
Discoveries Stage

15. 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
Acts of God - acts of a public enemy - guests' own negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Reasons a contract may be impeached

16. A promise for an action
Unilateral Contract
Option
Uttering
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

17. Latin for guilty act and guilty mind
Bona fide occupational requirement
Negligence Per se
Actus reus and Mens rea
Duty to mitigate

18. When the police do not need a warrant to search your residence and/or business?
Absolute liability
General - Punitive - Exemplary
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Summary conviction - Indictable - Hybrid

19. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Group termination
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

20. You shall have the body
Theft of services
Mens rea
Habeas corpus
Food and Drugs Act

21. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Duty to mitigate
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Damages that are imposed to punish and to make an example of the offending party
Absolute liability

22. Beyond a reasonable doubt is what probability
98%
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
Substantive Law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

23. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Discoveries Stage
The 2 classes of servants
Price fixing

24. Legislators - judges - jurors - lawyers - clients and police
Injurious Falsehood
Types of contracts which must be in writing
Natural Law
Players in the legal system

25. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Duty to mitigate
Passing off
Invitation to treat
Intentional - Unintentional

26. Food poisoning from hamburger
E. Coli
Res ipsa loquitar
Unconscionable transactions
Negligence Per se

27. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Reasonable Person Test
Stare decisis
Boarding house - a rooming house - homes for seniors - and time-share arrangements

28. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Acts of God - acts of a public enemy - guests' own negligence
Unconscionable transactions
Land - buildings - fixtures
Passing off

29. What are some of the conditions for rightful dismissal?
Power of attorney
Discoveries Stage
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

30. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Parol Evidence Rule
Noncompetition/nonsolicitation clauses
By Performance - By Agreement - By Frustration - By Operation of law

31. Law is whatever judges say it is...
Power of attorney
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Legal realism
Summary conviction (minor) - indictable (serious) - hybrid

32. Within the walls of the inn
Express deposit
Mens rea
Infra hospitium
Legal realism

33. An agreement by an offeror to leave an offer open for a specified period of time
Infra hospitium
Option
Exceptions to the privity of contract rule
Bona fide occupational requirement

34. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Summary conviction - indictable - and hybrid
Good Samaritan Legislation
Defamation

35. Latin for 'the thing speaks for itself'
4 items that should be included in the job description
Positive Law
Res ipsa loquitar
John Humphrey

36. Res ipsa loquitur

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37. What are the five stages of a civil action?
6 primary purposes of tort law
Duty to mitigate
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals

38. Latin term for 'On the face of it'.
Habeas corpus
Prima facie
Bona fide occupational requirement
Consideration

39. It is not my deed
Non est factum
Constitution
Section 33 of the Charter
Mens rea

40. 5 reasons for evicting a guest.
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Infra hospitium
Constitution

41. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Breach of contract
Absolute liability
Negligence
Independent contractors - employees

42. Guilty act in Latin.
Actus reus
Sunset Clause
Contributory Negligence
Reiver

43. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Duty to mitigate
Proximate cause of the injury
Consideration

44. Allows a legislation to override the Charter
Players in the legal system
Reasons a contract may be impeached
Section 33 of the Charter
Parol Evidence Rule

45. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equitable estoppal

46. Political - religious beliefs - and affiliations
Negligence
Theft of services
Discoveries Stage
Creed

47. 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
Neighbour principle
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Option
Vicarious Liability

48. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Contributory negligence
Reasons a contract may be impeached
Passing off
The items that should be included in a job description

49. 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
Habeas corpus
Passing off
Power of attorney
Defamation

50. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Easement
The owner
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance