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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. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Factoring
Vicarious liability
Express deposit
Thin Skull Rule

2. Latin term for 'On the face of it'.
Passing off
Prima facie
Res ipsa loquitar
Contributory Negligence

3. Most difficult element of negligence to prove
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) in the office - 2) every guestroom - and 3) public rooms (area).
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

4. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Open and notorious - unchallenged - exclusive - continuous
Specific deterrence - general deterrence - rehabilitation - protection of the public
The 4 principles of Equal Pay legislation

5. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Consideration
Private law
Bona fide occupational requirement
Breach of contract

6. What does BFOR stand for?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Bona fide occupational requirement
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Personal and real

7. Legislators - judges - jurors - lawyers - clients and police
Trademark infringement
Players in the legal system
Breach of contract
Positive law

8. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
The items that should be included in a job description
Independent contractors - employees

9. This relationship exists when one person has the power to affect another person's property or legal interests
'The thing speaks for itself'
$413 or 55% of the claimant's average insured earnings (whichever is less)
Fiduciary Duty
The items that should be included in a job description

10. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Unilateral Contract
Intentional - Unintentional
Reasons a contract may be impeached

11. Latin for 'the thing speaks for itself'
Non est factum
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
Res ipsa loquitar
Personal and real

12. The price a party pays for the promise.
Shareholders - board of directors - statutory officers - employees - and creditors
Consideration
Floating charge
Unconscionable transactions

13. Damages imposed to make an example of the wrongdoer
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Exemplary damages
Salmonella

14. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Positive law
Duty to mitigate
Good Samaritan Legislation
The owner

15. A restriction placed on some aspect of land use.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Restrictive covenant
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
Reasons a contract may be impeached

16. Another word for 'reafian'?
Reiver
Actus reus and Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

17. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Thin Skull Rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Types of contracts which must be in writing

18. Types of Damages
Passing off
General - Punitive - Exemplary
Duty to mitigate
Shareholders - board of directors - statutory officers - employees - and creditors

19. When the public is misled into believing that one company's goods or services are those a similar brand or product
Criminal - Family - Youth - Small claims court
Fiduciary Duty
Breach of contract
Passing off

20. 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
Acts of God - acts of a public enemy - guests' own negligence
Power of attorney
By Performance - By Agreement - By Frustration - By Operation of law
'The thing speaks for itself'

21. Innocent - negligent and fraudulent
Instances under which an offer lapses
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Surcharge
The kinds of misrepresentation

22. Conditions for rightful dismissal.
Common - mutual and unilateral.
Damages that are imposed to punish and to make an example of the offending party
Open and notorious - unchallenged - exclusive - continuous
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

23. 'Reasonable worth of the good'
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Section 33 of the Charter
Quantum meruit

24. List 5/6 items employers can expect from their employees
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
Intentional - Unintentional
Types of contracts which must be in writing

25. Division of law that defines rights and remedies
The parol evidence rule
Option
Substantive Law
Landlord-tenant

26. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consideration
Contributory negligence
Intentional - Unintentional

27. 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
Vicarious Liability
John Humphrey
Proximate cause of the injury
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

28. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Independent contractors - employees
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
The items that should be included in a job description

29. Stages of a civil action
John Humphrey
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Vicarious Liability
General damages

30. Selling accounts receivable at a discount.
Unconscionable transactions
Easement
Factoring
Equity financing - debt financing - sale of assets

31. Within the walls of the inn
John Humphrey
Infra hospitium
Habeas corpus
Unconscionable transactions

32. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Agent
Reasons a contract may be impeached
Notary

33. The exchange of benefits; the price a party pays for the promise
Consideration
Group termination
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Fiduciary Duty

34. Spoken and written defamation
Royal prerogatives
Repudiation - sabotage - failure to perform
Contributory Negligence
Slander and Libel

35. List the 3 subtle signs of intoxication.
Group termination
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trademark infringement
Merit

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. An agreement by an offeror to leave an offer open for a specified period of time
Option
Factoring
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Thin Skull Rule

38. Author of the 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.
John Humphrey
Infra hospitium
The items that should be included in a job description

39. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
John Humphrey
Absolute liability
Floating charge
Consideration

40. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Surcharge
John Humphrey
Group termination

41. Res ipsa loquitur

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42. A person who becomes ill but did not pay for the meal can sue the establishment
Gratuitous Promise
Equitable estoppel
Neighbour principle
Acts of God - acts of a public enemy - guests' own negligence

43. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
John Humphrey
Landlord-tenant
The 4 principles of Equal Pay legislation
Municipal government

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

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45. How contracts can be discharged
Defenses to intentional Torts
By Performance - By Agreement - By Frustration - By Operation of law
Creed
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

46. Governor general and lieutenant governors
The owner
Royal prerogatives
To 'perfect' a lien
Reiver

47. What does real property include?
Land - buildings - fixtures
Non delegable duty
Unilateral Contract
Shareholders - board of directors - statutory officers - employees - and creditors

48. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Consideration
51% or 52%
Power of Attorney

49. First stage in a criminal court procedure
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Arraignment
Common - mutual and unilateral.
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

50. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Fiduciary Duty
Consideration