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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. Fundamental freedoms in Section 2 of the Charter
Ultra vires
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Express deposit
Landlord-tenant

2. Balance of probability needed to win a civil case
51% or 52%
Exceptions to the privity of contract rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Easement

3. 5 reasons for evicting a guest.
Reasonable Person Test
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.
Discoveries Stage
Boarding house - a rooming house - homes for seniors - and time-share arrangements

4. Latin for 'the thing speaks for itself'
Salmonella
Res ipsa loquitar
Reasons a contract may be impeached
Vicarious liability

5. Four methods to prevent potential legal action against your business.
General damages
Specific deterrence - general deterrence - rehabilitation - protection of the public
Shareholders - board of directors - statutory officers - employees - and creditors
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

6. The exchange of benefits; the price a party pays for the promise
General damages
Consideration
Power of Attorney
The kinds of misrepresentation

7. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
The kinds of misrepresentation
Absolute liability
Theft of services
Contributory negligence

8. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Amortization
Exceptions to the privity of contract rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Bona fide occupational requirement

9. When a contract is breached - the injured party must do What is required to limit the losses they suffer
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
Duty to mitigate
$413 or 55% of the claimant's average insured earnings (whichever is less)
Sole proprietorship - partnership - and corporations

10. Legislators - judges - jurors - lawyers - clients and police
Intentional - Unintentional
The owner
Notary
Players in the legal system

11. A right to use another's land for a specific purpose.
Easement
Amortization
$413 or 55% of the claimant's average insured earnings (whichever is less)
Slander and Libel

12. Guilty mind.
Intentional - Unintentional
Stare decisis
Prima facie
Mens rea

13. What must be established to substantiate a claim for bailment?
Consideration
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
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
John Humphrey

14. Three types of intangibles
Unilateral Contract
Royal prerogatives
Discoveries Stage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

15. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Negligent Misrepresentation
4 items that should be included in the job description
Municipal government

16. Author of the Universal Declaration of Human Rights
Common - mutual and unilateral.
Invitation to treat
John Humphrey
Summary conviction (minor) - indictable (serious) - hybrid

17. The period of time required to pay off the principal completely at a set interest rate.
Gratuitous Promise
Non est factum
Personal and real
Amortization

18. list 4 elements of bailment
Prima facie
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
Neighbour principle

19. Beyond a reasonable doubt is what probability
98%
Constitution
Group termination
Democratic rights to vote or run for election

20. 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
Gratuitous Promise
Landlord-tenant
Good Samaritan Legislation
Proximate cause of the injury

21. What are the two types of property?
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
Summary conviction - Indictable - Hybrid
Personal and real
Passing off

22. 'It stands decided'
Stare decisis
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
420 to 700 hours depending on the regional unemployment rate
Constitution

23. What does BFOR stand for?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Bona fide occupational requirement
Passing off
98%

24. How contracts can be discharged
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Reasons a contract may be impeached
By Performance - By Agreement - By Frustration - By Operation of law
Passing off

25. Spoken and written defamation
Passing off
Noncompetition/nonsolicitation clauses
Non delegable duty
Slander and Libel

26. The plaintiff has been injured upon the result of his own negligence
Passing off
Food and Drugs Act
Contributory Negligence
Bona fide occupational requirement

27. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Absolute liability
Defenses to intentional Torts
Non delegable duty

28. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consideration
Proximate cause of the injury
Exemplary damages

29. What does real property include?
Defamation
Acts of God - acts of a public enemy - guests' own negligence
Intentional - Unintentional
Land - buildings - fixtures

30. Most difficult element of negligence to prove
Summary conviction - Indictable - Hybrid
Landlord-tenant
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Infra hospitium

31. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Negligence Per se
Landlord-tenant
420 to 700 hours depending on the regional unemployment rate
Trademark infringement

32. What are three ways a contract is breached
Absolute liability
Repudiation - Sabotage - Failure to perform
John Humphrey
Amortization

33. Innocent - negligent and fraudulent
The owner
The kinds of misrepresentation
Negligence Per se
Substantive Law

34. Once a contract is written - it cannot be changed without the consent of both parties
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Parol Evidence Rule
Easement

35. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Negligence Per se
Negligence
Types of contracts which must be in writing
Specific deterrence - general deterrence - rehabilitation - protection of the public

36. Latin term for 'On the face of it'.
Shareholders - board of directors - statutory officers - employees - and creditors
4 items that should be included in the job description
Price fixing
Prima facie

37. Promises made without consideration
'The thing speaks for itself'
Gratuitous Promise
Quantum merits
The parol evidence rule

38. Laws duly enacted by a person or body having the authority to enact and enforce them.
Consideration
Positive law
Acts of God - acts of a public enemy - guests' own negligence
Notary

39. Damages imposed to make an example of the wrongdoer
Exceptions to the privity of contract rule
Exemplary damages
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Gratuitous Promise

40. Law based on moral - religious or philosophical grounds
Arraignment
Specific deterrence - general deterrence - rehabilitation - protection of the public
General - Punitive - Exemplary
Natural Law

41. Three types of offences
Instances under which an offer lapses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Summary conviction - indictable - and hybrid
Contributory Negligence

42. 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
Constitution
Good Samaritan Legislation
Quantum merits
The 4 principles of Equal Pay legislation

43. Surviving a falling elevator
Exceptions to the privity of contract rule
Shareholders - board of directors - statutory officers - employees - and creditors
Lie flat to distribute the force of the impact
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

44. Latin term for 'It is not my deed
$413 or 55% of the claimant's average insured earnings (whichever is less)
Non est factum
1) in the office - 2) every guestroom - and 3) public rooms (area).
Duty to mitigate

45. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Intentional torts
Personal and real
Sunset Clause
Trademark infringement

46. Types of Damages
Bona fide occupational requirement
1) in the office - 2) every guestroom - and 3) public rooms (area).
Sole proprietorship - partnership - and corporations
General - Punitive - Exemplary

47. Latin for guilty act and guilty mind
Actus reus and Mens rea
Vicarious Liability
Non est factum
Floating charge

48. 2 classes of servants.
Fiduciary Duty
Personal and real
Absolute liability
Independent contractors - employees

49. Bailment for the sole benefit of the bailor.
Legal realism
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Trade mark
Gratuitous bailment

50. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional
Good Samaritan Legislation
The 4 principles of Equal Pay legislation