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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. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Proximate cause of the injury
Actus reus and Mens rea
Fiduciary Duty

2. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Gratuitous Promise
Duty to mitigate
Intentional torts
Land - buildings - fixtures

3. A symbol - word - name or device used to identify or signify a company or its product.
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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Trade mark
Invitation to treat

4. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
The owner
Reiver
Open and notorious - unchallenged - exclusive - continuous

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

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6. Notices of statutory provisions limiting liability be posted where?
Mens rea
1) in the office - 2) every guestroom - and 3) public rooms (area).
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Good Samaritan Legislation

7. Use of another company's business name or logo without permission.
Option
Equitable estoppal
Trademark infringement
Vicarious Liability

8. List the 4 conditions of adverse possession. (squatter's rights)
Equitable estoppel
Open and notorious - unchallenged - exclusive - continuous
Trade mark
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

9. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Theft of services
General - Punitive - Exemplary
Actus reus and Mens rea

10. An agreement by an offeror to leave an offer open for a specified period of time
Option
The 4 principles of Equal Pay legislation
Thin Skull Rule
Absolute liability

11. What is the maximum weekly EI benefit?

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12. A duty that cannot be given to someone else
The kinds of misrepresentation
'The thing speaks for itself'
Non delegable duty
Uttering

13. 'It stands decided'
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The items that should be included in a job description
Stare decisis
Pleadings - discoveries - pretrial and or mediation - trial - appeals

14. The level of government in charge of bylaws
Municipal government
Acts of God - acts of a public enemy - guests' own negligence
General damages
Contributory Negligence

15. Favoritism granted to relatives or friends regardless of merit
Non delegable duty
Nepotism
Habeas corpus
Repudiation - Sabotage - Failure to perform

16. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Unconscionable transactions
Non est factum
Contributory Negligence

17. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Damages that are imposed to punish and to make an example of the offending party
Quantum meruit
Contributory negligence

18. 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
Section 33 of the Charter
Reiver
Theft of services
Vicarious Liability

19. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Duty to mitigate
Contributory Negligence
Repudiation - sabotage - failure to perform
4 items that should be included in the job description

20. Types of Damages
Invitation to treat
General - Punitive - Exemplary
Exceptions to the privity of contract rule
Summary conviction - Indictable - Hybrid

21. First stage in a criminal court procedure
Municipal government
General - Punitive - Exemplary
John Humphrey
Arraignment

22. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Municipal government
Defenses to intentional Torts
'The thing speaks for itself'
Noncompetition/nonsolicitation clauses

23. Most difficult element of negligence to prove
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligence Per se
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Equity financing - debt financing - sale of assets

24. What does real property include?
Disclaimer
Sunset Clause
Innocent - negligent - fraudulent
Land - buildings - fixtures

25. Four methods to prevent potential legal action against your business.
Merit
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Actus reus and Mens rea
Consideration

26. What are the 3 types of bailment?
Summary conviction - Indictable - Hybrid
Sunset Clause
Reasonable Person Test
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

27. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Mens rea
$413 or 55% of the claimant's average insured earnings (whichever is less)
Constitution

28. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Substantive Law
Fiduciary Duty

29. Author of the 1948 Universal Declaration of Human Rights
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.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey

30. What are the three kinds of misrepresentation?
Negligence Per se
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
Actus reus and Mens rea

31. Laws duly enacted by a person or body having the authority to enact and enforce them.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Nepotism
Positive law
Proximate cause of the injury

32. Author of the Universal Declaration of Human Rights
Creed
The kinds of misrepresentation
John Humphrey
51% or 52%

33. A right to use another's land for a specific purpose.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Easement
Fiduciary Duty
Infra hospitium

34. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
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.
Exceptions to the privity of contract rule
Players in the legal system
Theft of services

35. What are the 3 ways employment can be terminated?
Municipal government
Express deposit
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Natural Law

36. Innocent - negligent and fraudulent
Intentional - Unintentional
The kinds of misrepresentation
Defenses to intentional Torts
Surcharge

37. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Defamation
Discoveries Stage
Habeas corpus
Unilateral Contract

38. Law based on moral - religious or philosophical grounds
Natural Law
Trademark infringement
Vicarious Liability
Repudiation - sabotage - failure to perform

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

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40. Damages are awarded to compensate the injured party
4 items that should be included in the job description
General damages
Exemplary damages
Uttering

41. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Easement
4 items that should be included in the job description
Prima facie

42. Conditions for rightful dismissal.
Contributory negligence
Noncompetition/nonsolicitation clauses
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Duty to mitigate

43. Law created by a person or body with authority to enact and enforce it
Natural Law
Positive Law
Unilateral Contract
Neighbour principle

44. 5 reasons for evicting a guest.
John Humphrey
Express deposit
Bona fide occupational requirement
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.

45. 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.
Defamation
Salmonella
Neighbour principle

46. Latin for guilty act and guilty mind
Actus reus and Mens rea
Discoveries Stage
Absolute liability
Damages that are imposed to punish and to make an example of the offending party

47. List the 3 subtle signs of intoxication.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Absolute liability
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Summary conviction - indictable - and hybrid

48. The period of time required to pay off the principal completely at a set interest rate.
Repudiation - Sabotage - Failure to perform
Amortization
Parol Evidence Rule
Democratic rights to vote or run for election

49. What are three ways a contract is breached
4 items that should be included in the job description
Infra hospitium
Repudiation - Sabotage - Failure to perform
Salmonella

50. Latin for 'the thing speaks for itself'
Trade mark
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Passing off
Res ipsa loquitar