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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. Someone who certifies documents - but does not draft documents
Injurious Falsehood
Non delegable duty
Infra hospitium
Notary

2. A person who becomes ill but did not pay for the meal can sue the establishment
'The thing speaks for itself'
Passing off
Neighbour principle
Proximate cause of the injury

3. Promises made without consideration
Gratuitous Promise
Absolute liability
Vicarious Liability
Negligence

4. Under contract law - list the three types of mistake the law recognizes.
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
Common - mutual and unilateral.
John Humphrey

5. Latin term for within or on the premises of the inn (extension of the inn).
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium
Option
Res ipsa loquitar

6. 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
Actus reus
The items that should be included in a job description
Innocent - negligent - fraudulent

7. What are the 5 tiers of the corporate structure.
Non delegable duty
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Shareholders - board of directors - statutory officers - employees - and creditors
Players in the legal system

8. what are the four purposes of sentencing?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Specific deterrence - general deterrence - rehabilitation - protection of the public

9. The period of time required to pay off the principal completely at a set interest rate.
Merit
Amortization
Actus reus
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.

10. The exchange of benefits; the price a party pays for the promise
Consideration
Parol Evidence Rule
To 'perfect' a lien
Pleadings - discoveries - pretrial and or mediation - trial - appeals

11. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equity financing - debt financing - sale of assets
Duty to mitigate
Negligent Misrepresentation

12. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Stare decisis
Proximate cause of the injury
Types of contracts which must be in writing

13. Guilty mind.
98%
Good Samaritan Legislation
Mens rea
Repudiation - Sabotage - Failure to perform

14. Legislators - judges - jurors - lawyers - clients and police
Amortization
Players in the legal system
Surcharge
Habeas corpus

15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
The items that should be included in a job description
Reasons a contract may be impeached
Negligence Per se
Vicarious Liability

16. The division of law associated with interpersonal matters
Private law
Ultra vires
Defenses to intentional Torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

17. Beyond a reasonable doubt is what probability
Financial disloyalty - falsified qualifications - gross and continuing incompetence
98%
Trademark infringement
Passing off

18. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Summary conviction - Indictable - Hybrid
Amortization
Open and notorious - unchallenged - exclusive - continuous

19. An agreement by an offeror to leave an offer open for a specified period of time.
Innocent - negligent - fraudulent
'The thing speaks for itself'
Option
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

20. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
'The thing speaks for itself'
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Exceptions to the privity of contract rule
John Humphrey

21. Law based on moral - religious or philosophical grounds
Mens rea
The 4 principles of Equal Pay legislation
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.
Natural Law

22. What would a careful - thoughtful person in the same circumstances have done
Defamation
Thin Skull Rule
John Humphrey
Reasonable Person Test

23. The publication of a false statement about someone either verbally or in writing which damages their reputation
The owner
Prima facie
Infra hospitium
Defamation

24. The level of government in charge of bylaws
Municipal government
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Creed
Neighbour principle

25. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Landlord-tenant
Arraignment
Common - mutual and unilateral.

26. Division of law that defines rights and remedies
Agent
Substantive Law
The parol evidence rule
4 items that should be included in the job description

27. Innocent - negligent and fraudulent
Habeas corpus
The kinds of misrepresentation
Defamation
Nepotism

28. 3 types of offenses in a criminal procedure
Slander and Libel
Summary conviction - Indictable - Hybrid
Stare decisis
Personal and real

29. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Uttering
Absolute liability
98%

30. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Group termination
Repudiation - sabotage - failure to perform
Negligence
Types of contracts which must be in writing

31. This person acts on behalf of the principal
Agent
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Vicarious Liability
Easement

32. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Fiduciary Duty
Thin Skull Rule
Gratuitous bailment

33. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Gratuitous Promise
Habeas corpus
Option
Unconscionable transactions

34. What are the 3 types of bailment?
Defenses to intentional Torts
Salmonella
Gratuitous Promise
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

35. Selling accounts receivable at a discount.
The items that should be included in a job description
Vicarious liability
Factoring
Absolute liability

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

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37. Alcohol misuse under the Liquor License Act
Power of attorney
Trademark infringement
Exceptions to the privity of contract rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

38. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Bona fide occupational requirement

39. Another word for 'reafian'?
Negligence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

40. Latin for 'the thing speaks for itself'
Discoveries Stage
Res ipsa loquitar
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Acts of God - acts of a public enemy - guests' own negligence

41. List 3 ways to finance a new or existing business.
Vicarious liability
Equity financing - debt financing - sale of assets
Agent
Instances under which an offer lapses

42. Notices of statutory provisions limiting liability be posted where?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Pleadings - discoveries - pretrial and or mediation - trial - appeals

43. Latin term for 'On the face of it'.
Prima facie
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equity financing - debt financing - sale of assets
Vicarious liability

44. Author of the 1948 Universal Declaration of Human Rights
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
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
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.
John Humphrey

45. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Passing off
1) in the office - 2) every guestroom - and 3) public rooms (area).
Uttering
Pleadings - discoveries - pretrial and or mediation - trial - appeals

46. Law is whatever judges say it is...
Acts of God - acts of a public enemy - guests' own negligence
Vicarious Liability
Common - mutual and unilateral.
Legal realism

47. A promise for an action
Positive Law
Summary conviction - indictable - and hybrid
Unilateral Contract
Thin Skull Rule

48. The most difficult element of negligence to prove
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Factoring
Sunset Clause
Proximate cause of the injury

49. Defaming a business - a product or a property rather than a person.
Express deposit
Injurious Falsehood
Power of Attorney
Types of contracts which must be in writing

50. Four methods to prevent potential legal action against your business.
Contributory negligence
Substantive Law
Neighbour principle
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance