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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. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Group termination
Quantum merits
Option

2. 'Reasonable worth of the good'
Consideration
Quantum meruit
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Constitution

3. 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.
Restrictive covenant
E. Coli
Thin Skull Rule
Negligence

4. 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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Exemplary damages

5. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate
$413 or 55% of the claimant's average insured earnings (whichever is less)
Slander and Libel

6. What are three ways a contract is breached
Amortization
Merit
Gratuitous bailment
Repudiation - Sabotage - Failure to perform

7. Author of the Universal Declaration of Human Rights in 1948?
Exceptions to the privity of contract rule
John Humphrey
Exceptions to the privity of contract rule
Criminal - Family - Youth - Small claims court

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

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9. 'To have the body'
Habeas corpus
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
Amortization
Ultra vires

10. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Substantive Law
Equitable estoppel
4 items that should be included in the job description
Absolute liability

11. Surviving a falling elevator
The 4 principles of Equal Pay legislation
Repudiation - sabotage - failure to perform
Repudiation - Sabotage - Failure to perform
Lie flat to distribute the force of the impact

12. 'It stands decided'
Negligence Per se
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Defamation
Stare decisis

13. When the public is misled into believing that one company's goods or services are those a similar brand or product
Fiduciary Duty
Gratuitous bailment
Passing off
Floating charge

14. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Vicarious Liability
Proximate cause of the injury
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

15. Author of the 1948 Universal Declaration of Human Rights
General - Punitive - Exemplary
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Quantum merits
John Humphrey

16. List 5/6 items employers can expect from their employees
Private law
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Option
Ultra vires

17. The level of government in charge of bylaws
The owner
Trademark infringement
Municipal government
4 items that should be included in the job description

18. Law created by a person or body with authority to enact and enforce it
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Defamation
Natural Law
Positive Law

19. Food Poisoning from chicken
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Summary conviction - indictable - and hybrid
Gratuitous Promise
Salmonella

20. What are exemplary damages?
Contributory Negligence
Damages that are imposed to punish and to make an example of the offending party
Power of Attorney
Types of contracts which must be in writing

21. List remedies one would expect when a contract is breached
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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off
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.

22. List the 4 conditions of adverse possession. (squatter's rights)
Surcharge
Stare decisis
Intentional torts
Open and notorious - unchallenged - exclusive - continuous

23. Once a contract is written - it cannot be changed without the consent of both parties
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Parol Evidence Rule
Passing off

24. Latin term for 'It is not my deed
General - Punitive - Exemplary
Equitable estoppal
Merit
Non est factum

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

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26. Governor general and lieutenant governors
Gratuitous Promise
Intentional - Unintentional
Royal prerogatives
Uttering

27. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Salmonella
The items that should be included in a job description
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Nepotism

28. Latin term for within or on the premises of the inn (extension of the inn).
Exceptions to the privity of contract rule
Infra hospitium
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Unilateral Contract

29. 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
Vicarious liability
The 4 principles of Equal Pay legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Summary conviction - Indictable - Hybrid

30. It is not my deed
Non est factum
Discoveries Stage
Reasons a contract may be impeached
Natural Law

31. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
By Performance - By Agreement - By Frustration - By Operation of law

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Trade mark
Repudiation - Sabotage - Failure to perform
Defenses to intentional Torts

33. A right to use another's land for a specific purpose.
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
Easement
The parol evidence rule
Positive law

34. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Reasons a contract may be impeached
Gratuitous Promise
Ultra vires

35. 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
Municipal government
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Criminal - Family - Youth - Small claims court
Vicarious Liability

36. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Quantum merits
Negligent Misrepresentation
Breach of contract
Personal and real

37. Bailment for the sole benefit of the bailor.
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
Merit
Trade mark
Gratuitous bailment

38. Allows a legislation to override the Charter
Section 33 of the Charter
Res ipsa loquitar
The kinds of misrepresentation
Non est factum

39. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Contributory Negligence
To 'perfect' a lien
Discoveries Stage
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

40. What are the two types of property?
Personal and real
Actus reus
Reiver
Infra hospitium

41. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Mens rea
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Res ipsa loquitar

42. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Sunset Clause
Independent contractors - employees
Constitution
Natural Law

43. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Creed
John Humphrey
Instances under which an offer lapses

44. 5 possible consequences if you default on your mortgage?
Legal realism
Equity financing - debt financing - sale of assets
'The thing speaks for itself'
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

45. Use of another company's business name or logo without permission.
Democratic rights to vote or run for election
Trademark infringement
Intentional torts
General - Punitive - Exemplary

46. Damages imposed to make an example of the wrongdoer
4 items that should be included in the job description
$413 or 55% of the claimant's average insured earnings (whichever is less)
Exemplary damages
Defamation

47. Minimum amount of hours needed to be eligible for EI benefits.
Absolute liability
Discoveries Stage
Negligence
420 to 700 hours depending on the regional unemployment rate

48. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Trade mark
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.
'The thing speaks for itself'

49. Law is whatever judges say it is...
Section 33 of the Charter
Legal realism
Habeas corpus
The parol evidence rule

50. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sunset Clause
Summary conviction (minor) - indictable (serious) - hybrid
Power of Attorney