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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. Political - religious beliefs - and affiliations
Amortization
Absolute liability
Trade mark
Creed

2. What are the 3 ways employment can be terminated?
Notary
Res ipsa loquitar
Exceptions to the privity of contract rule
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

3. Surviving a falling elevator
Royal prerogatives
Summary conviction - indictable - and hybrid
Lie flat to distribute the force of the impact
Reasons a contract may be impeached

4. Accommodations that are not considered 'inns'.
Contributory Negligence
Merit
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements

5. Latin term for within or on the premises of the inn (extension of the inn).
Slander and Libel
Instances under which an offer lapses
Infra hospitium
Negligence Per se

6. The level of government in charge of bylaws
Municipal government
420 to 700 hours depending on the regional unemployment rate
Section 33 of the Charter
Consideration

7. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Four purpose of sentencing
Group termination
Food and Drugs Act

8. The most difficult element of negligence to prove
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
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Proximate cause of the injury
'The thing speaks for itself'

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

10. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Passing off
Natural Law
Power of Attorney
Reasonable Person Test

11. What does BFOR stand for?
Bona fide occupational requirement
Damages that are imposed to punish and to make an example of the offending party
Players in the legal system
Independent contractors - employees

12. Fundamental freedoms in Section 2 of the Charter
Stare decisis
Consideration
Repudiation - Sabotage - Failure to perform
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

13. Another word for 'reafian'?
Breach of contract
Express deposit
Reiver
Mens rea

14. 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.
Res ipsa loquitar
Common - mutual and unilateral.
Thin Skull Rule
Criminal - Family - Youth - Small claims court

15. Guilty mind.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Land - buildings - fixtures
Mens rea
The owner

16. Latin term for 'It is not my deed
Damages that are imposed to punish and to make an example of the offending party
Contributory Negligence
Disclaimer
Non est factum

17. What would a careful - thoughtful person in the same circumstances have done
Floating charge
Reasonable Person Test
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
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

18. Innocent - negligent and fraudulent
The kinds of misrepresentation
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction (minor) - indictable (serious) - hybrid
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

19. 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
Fiduciary Duty
$413 or 55% of the claimant's average insured earnings (whichever is less)
Trademark infringement

20. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Equitable estoppal
Democratic rights to vote or run for election
Injurious Falsehood

21. what are the four purposes of sentencing?
John Humphrey
Price fixing
Specific deterrence - general deterrence - rehabilitation - protection of the public
Players in the legal system

22. Guilty act in Latin.
Actus reus
6 primary purposes of tort law
E. Coli
Power of attorney

23. A promise for an action
Habeas corpus
Section 33 of the Charter
Unilateral Contract
Discoveries Stage

24. The publication of a false statement about someone either verbally or in writing which damages their reputation
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Exceptions to the privity of contract rule
Passing off
Defamation

25. Author of the 1948 Universal Declaration of Human Rights
Infra hospitium
Instances under which an offer lapses
John Humphrey
Quantum meruit

26. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Power of attorney
Absolute liability
Repudiation - sabotage - failure to perform
Intentional torts

27. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Invitation to treat
Fiduciary Duty
Slander and Libel
Equity financing - debt financing - sale of assets

28. Stages of a civil action
Repudiation - Sabotage - Failure to perform
Food and Drugs Act
Summary conviction (minor) - indictable (serious) - hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

29. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Absolute liability
Easement
Reiver
Defenses to intentional Torts

30. 3 types of business structures.
Restrictive covenant
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
Sole proprietorship - partnership - and corporations
Power of attorney

31. 'Reasonable worth of the good'
Democratic rights to vote or run for election
Contributory negligence
Quantum meruit
Salmonella

32. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Contributory negligence
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.

33. The price a party pays for the promise.
Actus reus and Mens rea
Consideration
Equitable estoppel
Exceptions to the privity of contract rule

34. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Power of attorney
Personal and real
Negligence Per se
Consideration

35. When two or more suppliers conspire to set prices.
Price fixing
Floating charge
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
By Performance - By Agreement - By Frustration - By Operation of law

36. Law created by a person or body with authority to enact and enforce it
Positive Law
Invitation to treat
Nepotism
Duty to mitigate

37. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Land - buildings - fixtures
Gratuitous Promise
Non est factum

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

39. 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
Vicarious liability
Equitable estoppal
Intentional - Unintentional

40. Food poisoning from hamburger
The 4 principles of Equal Pay legislation
E. Coli
Lie flat to distribute the force of the impact
Surcharge

41. Defaming a business - a product or a property rather than a person.
Democratic rights to vote or run for election
Intentional - Unintentional
Injurious Falsehood
1) in the office - 2) every guestroom - and 3) public rooms (area).

42. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

43. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Independent contractors - employees
Food and Drugs Act
Actus reus and Mens rea

44. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Natural Law
Group termination
Duty to mitigate
Innocent - negligent - fraudulent

45. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
The items that should be included in a job description
Thin Skull Rule
Types of contracts which must be in writing
Vicarious Liability

46. Allows a legislation to override the Charter
Players in the legal system
The owner
Section 33 of the Charter
Private law

47. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Unilateral Contract
Good Samaritan Legislation
The kinds of misrepresentation
Equitable estoppal

48. What are the two types of property?
Trade mark
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Invitation to treat
Personal and real

49. Balance of probability needed to win a civil case
Reasons a contract may be impeached
420 to 700 hours depending on the regional unemployment rate
Trade mark
51% or 52%

50. Someone who certifies documents - but does not draft documents
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Notary
Non est factum
Sole proprietorship - partnership - and corporations