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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. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Good Samaritan Legislation
Uttering
Parol Evidence Rule
The 4 principles of Equal Pay legislation

2. Minimum amount of hours needed to be eligible for EI benefits.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
420 to 700 hours depending on the regional unemployment rate
Repudiation - sabotage - failure to perform
Equity financing - debt financing - sale of assets

3. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Trademark infringement
6 primary purposes of tort law
Duty to mitigate
Players in the legal system

4. 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?
Damages that are imposed to punish and to make an example of the offending party
Food and Drugs Act
Breach of contract
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

5. What must be established to substantiate a claim for bailment?
Vicarious liability
General damages
Habeas corpus
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

6. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Repudiation - sabotage - failure to perform
Players in the legal system
Thin Skull Rule
Trademark infringement

7. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Consideration
Four purpose of sentencing
Actus reus and Mens rea
Specific deterrence - general deterrence - rehabilitation - protection of the public

8. 5 reasons for evicting a guest.
Municipal government
Non est factum
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.

9. 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
Restrictive covenant
Good Samaritan Legislation
Reasonable Person Test
The 4 principles of Equal Pay legislation

10. Favoritism granted to relatives or friends regardless of merit
Nepotism
51% or 52%
Acts of God - acts of a public enemy - guests' own negligence
E. Coli

11. 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
Food and Drugs Act
Private law
Vicarious liability

12. What are exemplary damages?
Players in the legal system
Negligence Per se
Damages that are imposed to punish and to make an example of the offending party
Boarding house - a rooming house - homes for seniors - and time-share arrangements

13. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Thin Skull Rule
Summary conviction - Indictable - Hybrid
Sole proprietorship - partnership - and corporations
Defenses to intentional Torts

14. Two types of negligence
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
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

15. Author of the Universal Declaration of Human Rights in 1948?
Option
Injurious Falsehood
John Humphrey
Absolute liability

16. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Equity financing - debt financing - sale of assets
Nepotism
Constitution
Stare decisis

17. 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
Amortization
Repudiation - sabotage - failure to perform
Municipal government

18. Spoken and written defamation
Criminal - Family - Youth - Small claims court
Slander and Libel
Infra hospitium
Non delegable duty

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

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20. What is the maximum weekly EI benefit?

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21. The exchange of benefits; the price a party pays for the promise
Royal prerogatives
Actus reus and Mens rea
Summary conviction - indictable - and hybrid
Consideration

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

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23. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction - Indictable - Hybrid
Floating charge
Equitable estoppal

24. What are three ways a contract is breached
6 primary purposes of tort law
Repudiation - Sabotage - Failure to perform
Merit
Express deposit

25. You shall have the body
Habeas corpus
Trademark infringement
Equity financing - debt financing - sale of assets
Innocent - negligent - fraudulent

26. List the 3 subtle signs of intoxication.
Unilateral Contract
Amortization
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Summary conviction - indictable - and hybrid

27. Governor general and lieutenant governors
Non delegable duty
Factoring
Royal prerogatives
General - Punitive - Exemplary

28. Latin term for within or on the premises of the inn (extension of the inn).
Trade mark
Infra hospitium
Landlord-tenant
Absolute liability

29. Division of law that defines rights and remedies
Consideration
Vicarious liability
Substantive Law
Duty to mitigate

30. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Common - mutual and unilateral.
Discoveries Stage
Restrictive covenant
Summary conviction - Indictable - Hybrid

31. An agreement by an offeror to leave an offer open for a specified period of time
Exceptions to the privity of contract rule
The 4 principles of Equal Pay legislation
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Option

32. Damages are awarded to compensate the injured party
Summary conviction - indictable - and hybrid
General damages
Duty to mitigate
Types of contracts which must be in writing

33. Promises made without consideration
Infra hospitium
Restrictive covenant
Gratuitous Promise
Reasonable Person Test

34. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Equitable estoppel
Amortization
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Power of Attorney

35. Alcohol misuse under the Liquor License Act
Open and notorious - unchallenged - exclusive - continuous
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Mens rea

36. What are some of the conditions for rightful dismissal?
Easement
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Good Samaritan Legislation
Financial disloyalty - falsified qualifications - gross and continuing incompetence

37. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
By Performance - By Agreement - By Frustration - By Operation of law
Duty to mitigate
Open and notorious - unchallenged - exclusive - continuous
Quantum merits

38. What are the two types of property?
Contributory negligence
Personal and real
Agent
Open and notorious - unchallenged - exclusive - continuous

39. 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
Price fixing
Notary
Amortization

40. list 4 elements of bailment
Injurious Falsehood
The owner
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

41. Latin for 'the thing speaks for itself'
Intentional - Unintentional
Actus reus and Mens rea
Res ipsa loquitar
Reasons a contract may be impeached

42. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Acts of God - acts of a public enemy - guests' own negligence
Breach of contract

43. List 5/6 items employers can expect from their employees
Fiduciary Duty
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Negligence Per se
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

44. List remedies one would expect when a contract is breached
Criminal - Family - Youth - Small claims court
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious liability
Discoveries Stage

45. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Independent contractors - employees
Trade mark

46. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Uttering
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

47. 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
To 'perfect' a lien
Trade mark
Vicarious Liability
Actus reus

48. Two kinds of negligence
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
Agent
Private law

49. Latin term for 'On the face of it'.
Prima facie
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory negligence
Price fixing

50. List the 4 conditions of adverse possession. (squatter's rights)
Absolute liability
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Open and notorious - unchallenged - exclusive - continuous