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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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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. Latin term for 'On the face of it'.
Bona fide occupational requirement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Consideration
Prima facie

2. Laws duly enacted by a person or body having the authority to enact and enforce them.
Acts of God - acts of a public enemy - guests' own negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Positive law
Sole proprietorship - partnership - and corporations

3. This person acts on behalf of the principal
Summary conviction - Indictable - Hybrid
Trade mark
Agent
$413 or 55% of the claimant's average insured earnings (whichever is less)

4. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Fiduciary Duty
Passing off
Notary
Summary conviction - Indictable - Hybrid

5. A right to use another's land for a specific purpose.
Reasonable Person Test
Easement
Prima facie
Infra hospitium

6. 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
Agent
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Vicarious Liability
Neighbour principle

7. A restriction placed on some aspect of land use.
Restrictive covenant
Common - mutual and unilateral.
Theft of services
Stare decisis

8. list 4 elements of bailment
Landlord-tenant
Habeas corpus
Express deposit
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

9. 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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Prima facie
Negligence Per se

10. What does BFOR stand for?
Option
Bona fide occupational requirement
Repudiation - sabotage - failure to perform
Trade mark

11. The amount he merits
The 2 classes of servants
Quantum merits
Intentional - Unintentional
Private law

12. Defaming a business - a product or a property rather than a person.
Contributory negligence
Injurious Falsehood
Equitable estoppal
Financial disloyalty - falsified qualifications - gross and continuing incompetence

13. 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
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Fiduciary Duty
Nepotism

14. Use of another company's business name or logo without permission.
Repudiation - sabotage - failure to perform
Trademark infringement
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.
Equity financing - debt financing - sale of assets

15. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Fiduciary Duty
Defenses to intentional Torts
Infra hospitium
Unilateral Contract

16. Law created by a person or body with authority to enact and enforce it
Unilateral Contract
Positive Law
Defenses to intentional Torts
Private law

17. Within the walls of the inn
Positive Law
Infra hospitium
Non est factum
Quantum meruit

18. Innocent - negligent and fraudulent
The items that should be included in a job description
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Open and notorious - unchallenged - exclusive - continuous
The kinds of misrepresentation

19. 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.
Noncompetition/nonsolicitation clauses
Merit
Ultra vires
Trademark infringement

20. What must be established to substantiate a claim for bailment?
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
Equitable estoppal
Private law
Reasons a contract may be impeached

21. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Royal prerogatives
Sunset Clause
Surcharge
Habeas corpus

22. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Negligence Per se
Shareholders - board of directors - statutory officers - employees - and creditors
Uttering
Contributory negligence

23. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Positive Law
General damages
Unconscionable transactions
Group termination

24. Alcohol misuse under the Liquor License Act
Duty to mitigate
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Actus reus
Defamation

25. Governor general and lieutenant governors
Nepotism
Royal prerogatives
Repudiation - sabotage - failure to perform
The 2 classes of servants

26. Latin term for 'It is not my deed
Non est factum
The 2 classes of servants
Ultra vires
Legal realism

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

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28. Guilty mind.
Nepotism
Infra hospitium
Mens rea
John Humphrey

29. 3 types of offenses in a criminal procedure
Slander and Libel
Summary conviction - Indictable - Hybrid
Parol Evidence Rule
Constitution

30. How contracts can be discharged
Discoveries Stage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Personal and real
By Performance - By Agreement - By Frustration - By Operation of law

31. Beyond a reasonable doubt is what probability
Unilateral Contract
Nepotism
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
98%

32. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Innocent - negligent - fraudulent
Fiduciary Duty
The 2 classes of servants

33. The level of government in charge of bylaws
Municipal government
Amortization
Infra hospitium
Shareholders - board of directors - statutory officers - employees - and creditors

34. Surviving a falling elevator
Vicarious Liability
Lie flat to distribute the force of the impact
Negligence
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

35. The division of law associated with interpersonal matters
John Humphrey
Proximate cause of the injury
Private law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

36. Damages are awarded to compensate the injured party
Landlord-tenant
4 items that should be included in the job description
Positive law
General damages

37. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Royal prerogatives
Constitution
98%

38. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Absolute liability
Thin Skull Rule
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

39. 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?
Good Samaritan Legislation
Damages that are imposed to punish and to make an example of the offending party
Fiduciary Duty
Breach of contract

40. What is the maximum weekly EI benefit?

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41. 5 reasons for evicting a guest.
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.
Municipal government
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.
Contributory negligence

42. Legislators - judges - jurors - lawyers - clients and police
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Players in the legal system
Floating charge
The kinds of misrepresentation

43. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Defenses to intentional Torts
Instances under which an offer lapses
Gratuitous bailment
Exceptions to the privity of contract rule

44. Two types of negligence
Intentional - Unintentional
Intentional torts
Municipal government
Pleadings - discoveries - pretrial and or mediation - trial - appeals

45. Stages of a civil action
Lie flat to distribute the force of the impact
Instances under which an offer lapses
Restrictive covenant
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

46. Res ipsa loquitur

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47. What does real property include?
Gratuitous Promise
Land - buildings - fixtures
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
Breach of contract

48. Notices of statutory provisions limiting liability be posted where?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Discoveries Stage
1) in the office - 2) every guestroom - and 3) public rooms (area).
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

49. Someone who certifies documents - but does not draft documents
Arraignment
Notary
Equity financing - debt financing - sale of assets
Duty to mitigate

50. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Amortization
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Exemplary damages