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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Stages of a civil action
Quantum merits
Gratuitous bailment
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Positive law

2. what are the four purposes of sentencing?
Infra hospitium
Summary conviction - indictable - and hybrid
Proximate cause of the injury
Specific deterrence - general deterrence - rehabilitation - protection of the public

3. 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
Passing off
Surcharge
Positive law

4. When 50 or more employees are laid off within 2 months.
Non delegable duty
Group termination
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
6 primary purposes of tort law

5. Within the walls of the inn
4 items that should be included in the job description
Infra hospitium
Salmonella
The 2 classes of servants

6. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Unconscionable transactions
Arraignment
98%

7. Innocent - negligent and fraudulent
The kinds of misrepresentation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Four purpose of sentencing
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.

8. How can an employer escape alcohol misuse liability?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Legal realism
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.
Intentional - Unintentional

9. What does real property include?
Constitution
Land - buildings - fixtures
Prima facie
Disclaimer

10. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Land - buildings - fixtures
Noncompetition/nonsolicitation clauses
Innocent - negligent - fraudulent
Uttering

11. Two types of negligence
Positive law
Absolute liability
Intentional - Unintentional
John Humphrey

12. First stage in a criminal court procedure
Repudiation - Sabotage - Failure to perform
Negligent Misrepresentation
Repudiation - sabotage - failure to perform
Arraignment

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

14. 2 classes of servants.
The items that should be included in a job description
Discoveries Stage
Instances under which an offer lapses
Independent contractors - employees

15. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Defenses to intentional Torts
Injurious Falsehood
Prima facie

16. An agreement by an offeror to leave an offer open for a specified period of time.
Trade mark
Option
Passing off
Quantum meruit

17. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exemplary damages
To 'perfect' a lien
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

18. Guilty mind.
Mens rea
Floating charge
Substantive Law
Reasonable Person Test

19. 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.
Theft of services
Passing off
Equity financing - debt financing - sale of assets
51% or 52%

20. Damages are awarded to compensate the injured party
John Humphrey
Passing off
General damages
Proximate cause of the injury

21. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Natural Law

22. 5 possible consequences if you default on your mortgage?
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Common - mutual and unilateral.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

23. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Power of attorney
Reasons a contract may be impeached
Surcharge
Express deposit

24. An agreement by an offeror to leave an offer open for a specified period of time
Duty to mitigate
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Option
The parol evidence rule

25. The division of law associated with interpersonal matters
Nepotism
Private law
Quantum meruit
Financial disloyalty - falsified qualifications - gross and continuing incompetence

26. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Personal and real
Negligence Per se
Intentional - Unintentional
Floating charge

27. 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
Substantive Law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Criminal - Family - Youth - Small claims court

28. What are the three kinds of misrepresentation?
Food and Drugs Act
Uttering
Innocent - negligent - fraudulent
E. Coli

29. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Unconscionable transactions
The 4 principles of Equal Pay legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

30. Someone who certifies documents - but does not draft documents
Breach of contract
Notary
51% or 52%
Trademark infringement

31. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Disclaimer
Unconscionable transactions
The items that should be included in a job description

32. A symbol - word - name or device used to identify or signify a company or its product.
Arraignment
Substantive Law
Power of Attorney
Trade mark

33. Alcohol misuse under the Liquor License Act
E. Coli
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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.
Habeas corpus

34. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Mens rea
Restrictive covenant
Passing off

35. 'It stands decided'
Parol Evidence Rule
Summary conviction (minor) - indictable (serious) - hybrid
Stare decisis
Substantive Law

36. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Negligent Misrepresentation
Disclaimer
Innocent - negligent - fraudulent
Ultra vires

37. Under contract law - list the three types of mistake the law recognizes.
Equity financing - debt financing - sale of assets
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Common - mutual and unilateral.
John Humphrey

38. Res ipsa loquitur

39. 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
Negligent Misrepresentation
Landlord-tenant
Fiduciary Duty
6 primary purposes of tort law

40. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Res ipsa loquitar
Open and notorious - unchallenged - exclusive - continuous
Common - mutual and unilateral.

41. Four methods to prevent potential legal action against your business.
Summary conviction (minor) - indictable (serious) - hybrid
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Summary conviction - indictable - and hybrid
Non est factum

42. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Non delegable duty
Uttering
Defenses to intentional Torts
Defamation

43. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Gratuitous Promise
Consideration
Power of Attorney
Group termination

44. Balance of probability needed to win a civil case
51% or 52%
420 to 700 hours depending on the regional unemployment rate
Stare decisis
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

45. A person who becomes ill but did not pay for the meal can sue the establishment
Land - buildings - fixtures
Neighbour principle
420 to 700 hours depending on the regional unemployment rate
'The thing speaks for itself'

46. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Repudiation - Sabotage - Failure to perform
Gratuitous Promise
Specific deterrence - general deterrence - rehabilitation - protection of the public

47. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
To 'perfect' a lien
Breach of contract
Repudiation - Sabotage - Failure to perform

48. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Parol Evidence Rule
The kinds of misrepresentation
Notary

49. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Contributory negligence
Restrictive covenant
Consideration

50. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Repudiation - Sabotage - Failure to perform
Absolute liability
Natural Law
Creed