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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. Division of law that defines rights and remedies
Substantive Law
The kinds of misrepresentation
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.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

2. 2 classes of servants.
4 items that should be included in the job description
Notary
Amortization
Independent contractors - employees

3. Fundamental freedoms in Section 2 of the Charter
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
Acts of God - acts of a public enemy - guests' own negligence
Positive law

4. In a criminal procedure list the 3 types of offenses
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Actus reus and Mens rea
Summary conviction (minor) - indictable (serious) - hybrid
Positive law

5. Guilty mind.
Mens rea
Factoring
Pleadings - discoveries - pretrial and or mediation - trial - appeals
4 items that should be included in the job description

6. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Slander and Libel
The items that should be included in a job description
Constitution
Power of Attorney

7. Latin for guilty act and guilty mind
Negligent Misrepresentation
The parol evidence rule
Actus reus and Mens rea
Proximate cause of the injury

8. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Habeas corpus
Floating charge
Merit
Creed

9. Within the walls of the inn
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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Floating charge
Infra hospitium

10. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Repudiation - sabotage - failure to perform
Power of Attorney
Types of contracts which must be in writing

11. 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.
Thin Skull Rule
Trade mark
Intentional torts
Positive Law

12. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Mens rea
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Positive law
Negligence Per se

13. A promise for an action
Creed
Power of attorney
Unilateral Contract
The kinds of misrepresentation

14. Legal responsibility for the negligence of another person
Summary conviction - Indictable - Hybrid
Vicarious liability
Group termination
Instances under which an offer lapses

15. A symbol - word - name or device used to identify or signify a company or its product.
Parol Evidence Rule
Damages that are imposed to punish and to make an example of the offending party
Trade mark
Exceptions to the privity of contract rule

16. 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
Royal prerogatives
Vicarious Liability
General damages
Power of Attorney

17. Favoritism granted to relatives or friends regardless of merit
Nepotism
Easement
Consideration
Ultra vires

18. First stage in a criminal court procedure
Arraignment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Repudiation - sabotage - failure to perform
Negligence Per se

19. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Restrictive covenant
Group termination
Exemplary damages

20. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Gratuitous bailment
Criminal - Family - Youth - Small claims court
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

21. Four methods to prevent potential legal action against your business.
Equitable estoppal
Exemplary damages
Contributory negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

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

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23. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Reasonable Person Test
The kinds of misrepresentation
Vicarious Liability
Intentional torts

24. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious Liability
Intentional - Unintentional
Legal realism

25. Latin term for 'On the face of it'.
John Humphrey
Landlord-tenant
Exceptions to the privity of contract rule
Prima facie

26. You shall have the body
Good Samaritan Legislation
Habeas corpus
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Private law

27. 'To have the body'
Habeas corpus
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Exemplary damages
Surcharge

28. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Good Samaritan Legislation
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Discoveries Stage
Constitution

29. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Land - buildings - fixtures
Passing off
Criminal - Family - Youth - Small claims court
Unconscionable transactions

30. Use of another company's business name or logo without permission.
Trademark infringement
E. Coli
Option
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

31. 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
General damages
Exemplary damages
6 primary purposes of tort law

32. List 3 ways to finance a new or existing business.
Reiver
Legal realism
Equity financing - debt financing - sale of assets
The 2 classes of servants

33. List 5/6 items employers can expect from their employees
Floating charge
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
98%
Independent contractors - employees

34. Law is whatever judges say it is...
Legal realism
By Performance - By Agreement - By Frustration - By Operation of law
Consideration
Ultra vires

35. Someone who certifies documents - but does not draft documents
Section 33 of the Charter
Price fixing
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.
Notary

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

37. 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
Natural Law
Consideration
John Humphrey

38. Division of Lower Provincial Courts
Open and notorious - unchallenged - exclusive - continuous
Proximate cause of the injury
Criminal - Family - Youth - Small claims court
Contributory negligence

39. 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
Negligence
Power of attorney
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

40. Minimum amount of hours needed to be eligible for EI benefits.
Passing off
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Salmonella
420 to 700 hours depending on the regional unemployment rate

41. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Common - mutual and unilateral.
Defenses to intentional Torts

42. The most difficult element of negligence to prove
Proximate cause of the injury
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Section 33 of the Charter
Summary conviction - Indictable - Hybrid

43. Two kinds of negligence
Intentional - Unintentional
Four purpose of sentencing
Prima facie
Reasonable Person Test

44. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Power of attorney
Duty to mitigate
Amortization
Res ipsa loquitar

45. Food poisoning from hamburger
4 items that should be included in the job description
E. Coli
General damages
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

46. Accommodations that are not considered 'inns'.
Intentional - Unintentional
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Defamation
Habeas corpus

47. Another word for 'reafian'?
Private law
Reiver
Positive Law
Floating charge

48. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Lie flat to distribute the force of the impact
Reasonable Person Test
Duty to mitigate

49. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Stare decisis
Passing off
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

50. Amount added on to a usual charge for a specific product - purpose - or service.
Passing off
Surcharge
Mens rea
Price fixing