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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. Guilty act in Latin.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Actus reus
Parol Evidence Rule
Summary conviction - indictable - and hybrid

2. What are the 5 tiers of the corporate structure.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - indictable - and hybrid

3. Most difficult element of negligence to prove
Power of Attorney
Discoveries Stage
Specific deterrence - general deterrence - rehabilitation - protection of the public
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

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

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5. Fundamental freedoms in Section 2 of the Charter
Actus reus
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
John Humphrey
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

6. A right to use another's land for a specific purpose.
Easement
Vicarious liability
Negligent Misrepresentation
Negligence Per se

7. Legal responsibility for the negligence of another person
Creed
Option
Vicarious liability
Theft of services

8. Three types of intangibles
Unconscionable transactions
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Pleadings - discoveries - pretrial and or mediation - trial - appeals

9. Circumstances in which the authorities do not need a warrant to search your premises
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.
General - Punitive - Exemplary
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Uttering

10. How can an employer escape alcohol misuse liability?
Merit
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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.
Mens rea

11. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
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
Power of attorney
Instances under which an offer lapses

12. Political - religious beliefs - and affiliations
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Gratuitous Promise
Creed
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.

13. What must be established to substantiate a claim for bailment?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
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
Proximate cause of the injury

14. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Democratic rights to vote or run for election
Land - buildings - fixtures
Negligence Per se
Stare decisis

15. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
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.
6 primary purposes of tort law
4 items that should be included in the job description
Prima facie

16. Author of the 1948 Universal Declaration of Human Rights
Non delegable duty
John Humphrey
Private law
The kinds of misrepresentation

17. Latin for guilty act and guilty mind
Actus reus and Mens rea
Notary
Breach of contract
Duty to mitigate

18. Spoken and written defamation
Damages that are imposed to punish and to make an example of the offending party
General - Punitive - Exemplary
Slander and Libel
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

19. 5 reasons for evicting a guest.
Reasons a contract may be impeached
Lie flat to distribute the force of the impact
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.
Substantive Law

20. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
98%
Floating charge
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equity financing - debt financing - sale of assets

21. The amount he merits
Quantum merits
Equity financing - debt financing - sale of assets
Fiduciary Duty
Negligence

22. It is not my deed
Merit
Acts of God - acts of a public enemy - guests' own negligence
Non est factum
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.

23. Amount added on to a usual charge for a specific product - purpose - or service.
Intentional - Unintentional
Shareholders - board of directors - statutory officers - employees - and creditors
Surcharge
Natural Law

24. Food Poisoning from chicken
Disclaimer
Defenses to intentional Torts
Mens rea
Salmonella

25. Law created by a person or body with authority to enact and enforce it
Positive Law
The 4 principles of Equal Pay legislation
Restrictive covenant
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

26. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Actus reus
Summary conviction - indictable - and hybrid
Royal prerogatives

27. Law based on moral - religious or philosophical grounds
Reasonable Person Test
Trade mark
Passing off
Natural Law

28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Arraignment
Duty to mitigate
Contributory Negligence

29. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Reasonable Person Test
Surcharge
Equitable estoppal
Legal realism

30. 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.
Exceptions to the privity of contract rule
Repudiation - Sabotage - Failure to perform
Acts of God - acts of a public enemy - guests' own negligence
Noncompetition/nonsolicitation clauses

31. 'Reasonable worth of the good'
Repudiation - Sabotage - Failure to perform
Private law
Quantum meruit
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

32. Beyond a reasonable doubt is what probability
98%
Neighbour principle
Defenses to intentional Torts
Duty to mitigate

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

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34. An agreement by an offeror to leave an offer open for a specified period of time
Option
Thin Skull Rule
6 primary purposes of tort law
Agent

35. List 3 ways to finance a new or existing business.
By Performance - By Agreement - By Frustration - By Operation of law
Disclaimer
Summary conviction - indictable - and hybrid
Equity financing - debt financing - sale of assets

36. Allows a legislation to override the Charter
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
John Humphrey
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

37. A plaintiff is partly or solely the cause of his or her own injury.
Injurious Falsehood
Summary conviction (minor) - indictable (serious) - hybrid
Contributory negligence
Intentional - Unintentional

38. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
To 'perfect' a lien
Unconscionable transactions
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

39. 'It stands decided'
Non est factum
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Instances under which an offer lapses
Stare decisis

40. What are three ways a contract is breached
Uttering
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Repudiation - Sabotage - Failure to perform
Floating charge

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

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42. Division of law that defines rights and remedies
Independent contractors - employees
Substantive Law
Consideration
Contributory negligence

43. Once a contract is written - it cannot be changed without the consent of both parties
Repudiation - sabotage - failure to perform
Parol Evidence Rule
The owner
Habeas corpus

44. 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
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
Repudiation - Sabotage - Failure to perform
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Power of attorney

45. Independent contractors and employees.
Injurious Falsehood
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The 2 classes of servants
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

46. Which of the following rights does the Charter guarantee only to citizens of Canada
4 items that should be included in the job description
$413 or 55% of the claimant's average insured earnings (whichever is less)
Democratic rights to vote or run for election
Duty to mitigate

47. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Open and notorious - unchallenged - exclusive - continuous
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

48. Types of Damages
Passing off
Floating charge
By Performance - By Agreement - By Frustration - By Operation of law
General - Punitive - Exemplary

49. list 4 elements of bailment
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Quantum merits

50. List the 3 subtle signs of intoxication.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Floating charge
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Contributory Negligence