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Hospitality Law
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Subjects
:
hospitality
,
law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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. What are the three kinds of misrepresentation?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Disclaimer
Innocent - negligent - fraudulent
2. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Group termination
Negligence Per se
Democratic rights to vote or run for election
Royal prerogatives
3. List 3 ways to finance a new or existing business.
Independent contractors - employees
Disclaimer
Summary conviction - indictable - and hybrid
Equity financing - debt financing - sale of assets
4. 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
Sole proprietorship - partnership - and corporations
Royal prerogatives
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 4 principles of Equal Pay legislation
5. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Innocent - negligent - fraudulent
Instances under which an offer lapses
Non delegable duty
Power of attorney
6. Latin term for within or on the premises of the inn (extension of the inn).
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
John Humphrey
Arraignment
Infra hospitium
7. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Common - mutual and unilateral.
Theft of services
Disclaimer
8. Law is whatever judges say it is...
The 2 classes of servants
Legal realism
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Pleadings - discoveries - pretrial and or mediation - trial - appeals
9. Amount added on to a usual charge for a specific product - purpose - or service.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Surcharge
Agent
Repudiation - Sabotage - Failure to perform
10. 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
Substantive Law
Actus reus and Mens rea
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Power of attorney
11. What are some of the conditions for rightful dismissal?
General - Punitive - Exemplary
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Actus reus and Mens rea
Fiduciary Duty
12. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Land - buildings - fixtures
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Mens rea
13. What must be established to substantiate a claim for bailment?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
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 owner
Passing off
14. Two kinds of negligence
Intentional - Unintentional
General damages
Repudiation - sabotage - failure to perform
Land - buildings - fixtures
15. Guilty mind.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Mens rea
Surcharge
Group termination
16. The price a party pays for the promise.
Consideration
Injurious Falsehood
Habeas corpus
6 primary purposes of tort law
17. A symbol - word - name or device used to identify or signify a company or its product.
General - Punitive - Exemplary
Land - buildings - fixtures
Trade mark
Invitation to treat
18. Law created by a person or body with authority to enact and enforce it
Negligent Misrepresentation
Shareholders - board of directors - statutory officers - employees - and creditors
Section 33 of the Charter
Positive Law
19. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Food and Drugs Act
Common - mutual and unilateral.
Quantum merits
20. A duty that cannot be given to someone else
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Sole proprietorship - partnership - and corporations
Non delegable duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence
21. What does real property include?
Consideration
Exceptions to the privity of contract rule
Land - buildings - fixtures
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
22. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Habeas corpus
Duty to mitigate
The kinds of misrepresentation
Vicarious Liability
23. 2 classes of servants.
Consideration
Option
Independent contractors - employees
Habeas corpus
24. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
98%
Contributory negligence
Reasons a contract may be impeached
Acts of God - acts of a public enemy - guests' own negligence
25. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
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
Personal and real
Negligent Misrepresentation
26. The publication of a false statement about someone either verbally or in writing which damages their reputation
Food and Drugs Act
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
Defamation
Unilateral Contract
27. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Injurious Falsehood
Prima facie
Equity financing - debt financing - sale of assets
28. Accommodations that are not considered 'inns'.
Summary conviction - Indictable - Hybrid
Legal realism
Arraignment
Boarding house - a rooming house - homes for seniors - and time-share arrangements
29. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Summary conviction - indictable - and hybrid
Shareholders - board of directors - statutory officers - employees - and creditors
Types of contracts which must be in writing
30. Regulation - deterrence - compensation - dispute resolution - education and prevention
Fiduciary Duty
6 primary purposes of tort law
Section 33 of the Charter
John Humphrey
31. Legislators - judges - jurors - lawyers - clients and police
Summary conviction - Indictable - Hybrid
Passing off
Players in the legal system
Absolute liability
32. It is not my deed
Damages that are imposed to punish and to make an example of the offending party
Non est factum
Absolute liability
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
33. Food poisoning from hamburger
E. Coli
Negligence
Arraignment
Sole proprietorship - partnership - and corporations
34. Selling accounts receivable at a discount.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Factoring
Municipal government
Summary conviction - Indictable - Hybrid
35. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Power of attorney
Neighbour principle
420 to 700 hours depending on the regional unemployment rate
4 items that should be included in the job description
36. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Habeas corpus
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
4 items that should be included in the job description
37. First stage in a criminal court procedure
General - Punitive - Exemplary
Arraignment
The owner
The 2 classes of servants
38. 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
Intentional torts
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Power of Attorney
39. Latin term for 'It is not my deed
Duty to mitigate
Creed
Injurious Falsehood
Non est factum
40. Another word for 'reafian'?
Option
Innocent - negligent - fraudulent
Quantum meruit
Reiver
41. Author of the Universal Declaration of Human Rights in 1948?
Disclaimer
Stare decisis
Bona fide occupational requirement
John Humphrey
42. list 4 elements of bailment
Notary
Unconscionable transactions
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trademark infringement
43. What are the two types of property?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Personal and real
The 4 principles of Equal Pay legislation
Power of Attorney
44. How can an employer escape alcohol misuse liability?
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.
Good Samaritan Legislation
Democratic rights to vote or run for election
Discoveries Stage
45. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Unconscionable transactions
Discoveries Stage
Reasons a contract may be impeached
46. Fundamental freedoms in Section 2 of the Charter
Independent contractors - employees
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Res ipsa loquitar
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
47. The most difficult element of negligence to prove
John Humphrey
Proximate cause of the injury
Players in the legal system
Thin Skull Rule
48. Who owns mislaid property?
Surcharge
The owner
Factoring
Acts of God - acts of a public enemy - guests' own negligence
49. You shall have the body
Contributory negligence
Habeas corpus
Absolute liability
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
50. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
$413 or 55% of the claimant's average insured earnings (whichever is less)
Gratuitous bailment
Consideration
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