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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. The price a party pays for the promise.
Consideration
Ultra vires
Factoring
Exemplary damages

2. Balance of probability needed to win a civil case
Passing off
Ultra vires
51% or 52%
Fiduciary Duty

3. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Gratuitous bailment
Legal realism
Defenses to intentional Torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence

4. What are three ways a contract is breached
Types of contracts which must be in writing
Price fixing
Repudiation - Sabotage - Failure to perform
Damages that are imposed to punish and to make an example of the offending party

5. Allows a legislation to override the Charter
Shareholders - board of directors - statutory officers - employees - and creditors
Landlord-tenant
Consideration
Section 33 of the Charter

6. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Injurious Falsehood
Stare decisis
Passing off
Types of contracts which must be in writing

7. Law created by a person or body with authority to enact and enforce it
Uttering
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Option
Positive Law

8. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
To 'perfect' a lien
Option
Floating charge
6 primary purposes of tort law

9. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
The 2 classes of servants
Absolute liability
Defenses to intentional Torts

10. Specific deterrence - general deterrence - rehabilitation - and protection of the public
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 parol evidence rule
Four purpose of sentencing
Uttering

11. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
E. Coli
Repudiation - sabotage - failure to perform

12. Circumstances in which the authorities do not need a warrant to search your premises
Defenses to intentional Torts
Vicarious Liability
Natural Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

13. Alcohol misuse under the Liquor License Act
Price fixing
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Food and Drugs Act
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

14. Promises made without consideration
Gratuitous Promise
Section 33 of the Charter
Stare decisis
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

15. When a contract is breached - the injured party must do What is required to limit the losses they suffer
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
Municipal government
Duty to mitigate
Gratuitous Promise

16. Guilty act in Latin.
Actus reus
Creed
Contributory negligence
Defamation

17. The level of government in charge of bylaws
Intentional - Unintentional
Municipal government
Contributory negligence
Positive Law

18. Latin for 'the thing speaks for itself'
To 'perfect' a lien
Res ipsa loquitar
Unconscionable transactions
Non est factum

19. The publication of a false statement about someone either verbally or in writing which damages their reputation
Personal and real
Passing off
Defamation
Surcharge

20. List 5/6 items employers can expect from their employees
Contributory Negligence
Infra hospitium
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

21. Another word for 'reafian'?
Four purpose of sentencing
Reiver
Negligence
Express deposit

22. 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
Equity financing - debt financing - sale of assets
Power of attorney
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Amortization

23. Latin term for 'It is not my deed
General - Punitive - Exemplary
Non est factum
Gratuitous bailment
The parol evidence rule

24. Law based on moral - religious or philosophical grounds
Criminal - Family - Youth - Small claims court
Natural Law
John Humphrey
Non est factum

25. 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
Stare decisis
Restrictive covenant
Damages that are imposed to punish and to make an example of the offending party

26. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Fiduciary Duty
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
Uttering
4 items that should be included in the job description

27. 'To have the body'
Habeas corpus
Quantum meruit
420 to 700 hours depending on the regional unemployment rate
Summary conviction - indictable - and hybrid

28. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Stare decisis
Prima facie
Equitable estoppal
Bona fide occupational requirement

29. Under contract law - list the three types of mistake the law recognizes.
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Common - mutual and unilateral.

30. 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
Power of attorney
Consideration
Ultra vires
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

31. Once a contract is written - it cannot be changed without consent of both parties.
Absolute liability
The parol evidence rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Quantum merits

32. The amount he merits
General - Punitive - Exemplary
Trade mark
Exceptions to the privity of contract rule
Quantum merits

33. What are the five stages of a civil action?
Intentional - Unintentional
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Negligence Per se
John Humphrey

34. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Section 33 of the Charter
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

35. Damages imposed to make an example of the wrongdoer
Exemplary damages
Easement
Negligence
Equity financing - debt financing - sale of assets

36. Innocent - negligent and fraudulent
The kinds of misrepresentation
Res ipsa loquitar
Intentional - Unintentional
Exemplary damages

37. The division of law associated with interpersonal matters
Summary conviction - Indictable - Hybrid
Amortization
Negligent Misrepresentation
Private law

38. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Power of Attorney
Noncompetition/nonsolicitation clauses
Reiver
Negligence

39. An agreement by an offeror to leave an offer open for a specified period of time.
Open and notorious - unchallenged - exclusive - continuous
Quantum meruit
Infra hospitium
Option

40. Discrimination that is actually encouraged in our society
Criminal - Family - Youth - Small claims court
Discoveries Stage
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

41. Two kinds of negligence
The kinds of misrepresentation
Intentional - Unintentional
John Humphrey
Players in the legal system

42. Favoritism granted to relatives or friends regardless of merit
Nepotism
Exceptions to the privity of contract rule
Defenses to intentional Torts
Private law

43. Amount added on to a usual charge for a specific product - purpose - or service.
Vicarious liability
Duty to mitigate
Surcharge
Defamation

44. Latin for guilty act and guilty mind
Innocent - negligent - fraudulent
Defenses to intentional Torts
Exceptions to the privity of contract rule
Actus reus and Mens rea

45. Beyond a reasonable doubt is what probability
Reasons a contract may be impeached
John Humphrey
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
98%

46. Author of the 1948 Universal Declaration of Human Rights
Trade mark
Criminal - Family - Youth - Small claims court
Proximate cause of the injury
John Humphrey

47. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Uttering
Noncompetition/nonsolicitation clauses
Shareholders - board of directors - statutory officers - employees - and creditors
Exceptions to the privity of contract rule

48. Use of another company's business name or logo without permission.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Natural Law
Trademark infringement
Merit

49. How can an employer escape alcohol misuse liability?
Notary
Invitation to treat
Summary conviction - indictable - and hybrid
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.

50. Latin term for within or on the premises of the inn (extension of the inn).
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Passing off
Infra hospitium