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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. An agreement by an offeror to leave an offer open for a specified period of time.
Bona fide occupational requirement
Option
$413 or 55% of the claimant's average insured earnings (whichever is less)
420 to 700 hours depending on the regional unemployment rate

2. 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
The 2 classes of servants
$413 or 55% of the claimant's average insured earnings (whichever is less)
General damages
Vicarious Liability

3. What does real property include?
Land - buildings - fixtures
51% or 52%
Negligence Per se
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

4. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Instances under which an offer lapses
Power of attorney
Duty to mitigate
Four purpose of sentencing

5. 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.
Trademark infringement
Bona fide occupational requirement
Fiduciary Duty
Discoveries Stage

6. What does BFOR stand for?
Bona fide occupational requirement
Notary
Non est factum
Negligence Per se

7. How can an employer escape alcohol misuse liability?
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.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reasons a contract may be impeached
Power of attorney

8. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Quantum meruit
John Humphrey
Repudiation - sabotage - failure to perform

9. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Habeas corpus
Duty to mitigate
Exceptions to the privity of contract rule
Duty to mitigate

10. What are the three kinds of misrepresentation?
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Innocent - negligent - fraudulent

11. Guilty mind.
Quantum meruit
Mens rea
Stare decisis
Infra hospitium

12. Governor general and lieutenant governors
Discoveries Stage
Actus reus
Royal prerogatives
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

13. First stage in a criminal court procedure
Royal prerogatives
The 2 classes of servants
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Arraignment

14. An advertisement is an example of this... lets people know that you are ready to accept offers
Contributory negligence
Four purpose of sentencing
Invitation to treat
Boarding house - a rooming house - homes for seniors - and time-share arrangements

15. 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
Power of attorney
Vicarious Liability
Infra hospitium
Salmonella

16. Types of Damages
E. Coli
General - Punitive - Exemplary
Equity financing - debt financing - sale of assets
Specific deterrence - general deterrence - rehabilitation - protection of the public

17. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Independent contractors - employees
98%

18. Someone who certifies documents - but does not draft documents
The owner
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Notary
The items that should be included in a job description

19. This person acts on behalf of the principal
Stare decisis
Negligence Per se
Slander and Libel
Agent

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

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21. It is not my deed
Vicarious liability
Land - buildings - fixtures
Parol Evidence Rule
Non est factum

22. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Duty to mitigate
Types of contracts which must be in writing
Vicarious liability

23. A duty that cannot be given to someone else
Prima facie
Consideration
Non delegable duty
The items that should be included in a job description

24. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
The parol evidence rule
The items that should be included in a job description
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

25. Three types of intangibles
Reiver
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Absolute liability

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

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27. List 3 ways to finance a new or existing business.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Infra hospitium
Good Samaritan Legislation
Equity financing - debt financing - sale of assets

28. The publication of a false statement about someone either verbally or in writing which damages their reputation
Natural Law
Habeas corpus
Land - buildings - fixtures
Defamation

29. Amount added on to a usual charge for a specific product - purpose - or service.
Non delegable duty
Equitable estoppel
Surcharge
Vicarious liability

30. Damages are awarded to compensate the injured party
General damages
To 'perfect' a lien
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Thin Skull Rule

31. Guilty act in Latin.
Unilateral Contract
Intentional torts
Actus reus
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

32. Political - religious beliefs - and affiliations
Creed
98%
Democratic rights to vote or run for election
6 primary purposes of tort law

33. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Damages that are imposed to punish and to make an example of the offending party
Municipal government
Habeas corpus

34. A symbol - word - name or device used to identify or signify a company or its product.
Quantum merits
51% or 52%
Unilateral Contract
Trade mark

35. 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?
Breach of contract
To 'perfect' a lien
Power of Attorney
Prima facie

36. The price a party pays for the promise.
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
Prima facie
Consideration
Actus reus

37. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Duty to mitigate
Royal prerogatives
Non est factum

38. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Non est factum
To 'perfect' a lien
Passing off
Restrictive covenant

39. What is the maximum weekly EI benefit?

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40. How contracts can be discharged
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
By Performance - By Agreement - By Frustration - By Operation of law
Uttering
Price fixing

41. List remedies one would expect when a contract is breached
Actus reus and Mens rea
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

42. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Trade mark
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Uttering

43. Division of Lower Provincial Courts
Noncompetition/nonsolicitation clauses
Criminal - Family - Youth - Small claims court
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
Specific deterrence - general deterrence - rehabilitation - protection of the public

44. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Fiduciary Duty
Non est factum
Unconscionable transactions
Disclaimer

45. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Absolute liability
Option

46. 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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The 4 principles of Equal Pay legislation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

47. Latin for 'the thing speaks for itself'
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Shareholders - board of directors - statutory officers - employees - and creditors
Gratuitous bailment
Res ipsa loquitar

48. The level of government in charge of bylaws
$413 or 55% of the claimant's average insured earnings (whichever is less)
The 2 classes of servants
Royal prerogatives
Municipal government

49. What are three ways a contract is breached
Constitution
Intentional - Unintentional
By Performance - By Agreement - By Frustration - By Operation of law
Repudiation - Sabotage - Failure to perform

50. A right to use another's land for a specific purpose.
Bona fide occupational requirement
Easement
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
98%