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Hospitality Law

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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. It is not my deed
Exceptions to the privity of contract rule
Ultra vires
Non est factum
Arraignment

2. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
$413 or 55% of the claimant's average insured earnings (whichever is less)
Ultra vires
Power of Attorney

3. What does real property include?
Repudiation - Sabotage - Failure to perform
Surcharge
Equitable estoppel
Land - buildings - fixtures

4. An advertisement is an example of this... lets people know that you are ready to accept offers
Vicarious Liability
Invitation to treat
Slander and Libel
E. Coli

5. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
E. Coli
Actus reus
Option

6. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Contributory Negligence
Criminal - Family - Youth - Small claims court
Intentional torts
Pleadings - discoveries - pretrial and or mediation - trial - appeals

7. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Group termination
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals

8. Governor general and lieutenant governors
Trade mark
Royal prerogatives
Stare decisis
Quantum merits

9. The most difficult element of negligence to prove
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Infra hospitium
Proximate cause of the injury
The 4 principles of Equal Pay legislation

10. Balance of probability needed to win a civil case
Infra hospitium
51% or 52%
The kinds of misrepresentation
Pleadings - discoveries - pretrial and or mediation - trial - appeals

11. Damages are awarded to compensate the injured party
Open and notorious - unchallenged - exclusive - continuous
General damages
Agent
Power of attorney

12. What are three ways a contract is breached
Summary conviction - indictable - and hybrid
Repudiation - Sabotage - Failure to perform
Equitable estoppel
Non est factum

13. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Theft of services
Negligence Per se
Absolute liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

14. Selling accounts receivable at a discount.
Factoring
Nepotism
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Sunset Clause

15. 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
Non est factum
Common - mutual and unilateral.
Habeas corpus

16. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Instances under which an offer lapses
Restrictive covenant
Proximate cause of the injury

17. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
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.
Consideration
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

18. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Shareholders - board of directors - statutory officers - employees - and creditors

19. Notices of statutory provisions limiting liability be posted where?
Democratic rights to vote or run for election
'The thing speaks for itself'
Royal prerogatives
1) in the office - 2) every guestroom - and 3) public rooms (area).

20. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
The 4 principles of Equal Pay legislation
Power of Attorney
Amortization
Equitable estoppel

21. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Passing off
Landlord-tenant
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Gratuitous Promise

22. A promise for an action
Neighbour principle
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Restrictive covenant
Unilateral Contract

23. Political - religious beliefs - and affiliations
Legal realism
Creed
Summary conviction - Indictable - Hybrid
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

24. Two kinds of negligence
Parol Evidence Rule
Negligence
Food and Drugs Act
Intentional - Unintentional

25. Two types of negligence
Intentional - Unintentional
John Humphrey
Specific deterrence - general deterrence - rehabilitation - protection of the public
Summary conviction - indictable - and hybrid

26. List 5/6 items employers can expect from their employees
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Good Samaritan Legislation
Reiver
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

27. Which of the following rights does the Charter guarantee only to citizens of Canada
Unconscionable transactions
Proximate cause of the injury
Landlord-tenant
Democratic rights to vote or run for election

28. 5 possible consequences if you default on your mortgage?
Res ipsa loquitar
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Ultra vires

29. Surviving a falling elevator
Lie flat to distribute the force of the impact
Defamation
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

30. Three types of intangibles
Royal prerogatives
Salmonella
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Pleadings - discoveries - pretrial and or mediation - trial - appeals

31. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Reasons a contract may be impeached
Lie flat to distribute the force of the impact
Acts of God - acts of a public enemy - guests' own negligence

32. Accommodations that are not considered 'inns'.
Trademark infringement
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
Mens rea

33. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Gratuitous Promise
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Breach of contract

34. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Stare decisis
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

35. Allows a legislation to override the Charter
Section 33 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Habeas corpus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

36. Res ipsa loquitur

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37. Damages imposed to make an example of the wrongdoer
Infra hospitium
Exemplary damages
The items that should be included in a job description
Types of contracts which must be in writing

38. A restriction placed on some aspect of land use.
Breach of contract
Democratic rights to vote or run for election
Restrictive covenant
Contributory negligence

39. When the public is misled into believing that one company's goods or services are those a similar brand or product
Neighbour principle
Passing off
Breach of contract
Group termination

40. Latin for 'the thing speaks for itself'
Non est factum
Equitable estoppel
Res ipsa loquitar
Intentional - Unintentional

41. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Power of attorney
The 2 classes of servants
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

42. Law based on moral - religious or philosophical grounds
420 to 700 hours depending on the regional unemployment rate
Defenses to intentional Torts
Habeas corpus
Natural Law

43. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Trademark infringement
Thin Skull Rule
General - Punitive - Exemplary
Theft of services

44. When the police do not need a warrant to search your residence and/or business?
Contributory negligence
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Sunset Clause
Exceptions to the privity of contract rule

45. You shall have the body
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
The kinds of misrepresentation
Habeas corpus
Exceptions to the privity of contract rule

46. An agreement by an offeror to leave an offer open for a specified period of time.
General - Punitive - Exemplary
Merit
Option
Municipal government

47. Latin for guilty act and guilty mind
Actus reus and Mens rea
Absolute liability
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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

48. The price a party pays for the promise.
Breach of contract
Equitable estoppal
Consideration
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.

49. 2 classes of servants.
Duty to mitigate
To 'perfect' a lien
Independent contractors - employees
Summary conviction (minor) - indictable (serious) - hybrid

50. what are the four purposes of sentencing?
The 4 principles of Equal Pay legislation
Power of attorney
Injurious Falsehood
Specific deterrence - general deterrence - rehabilitation - protection of the public

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