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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. The amount he merits
Slander and Libel
Substantive Law
Quantum merits
Legal realism

2. Most difficult element of negligence to prove
Slander and Libel
Mens rea
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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

3. Under contract law - list the three types of mistake the law recognizes.
Merit
Instances under which an offer lapses
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Common - mutual and unilateral.

4. 2 classes of servants.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Independent contractors - employees
Exemplary damages
Factoring

5. Two types of negligence
Intentional - Unintentional
Creed
Positive Law
Consideration

6. Use of another company's business name or logo without permission.
Trademark infringement
Equity financing - debt financing - sale of assets
Players in the legal system
Power of Attorney

7. List the 4 conditions of adverse possession. (squatter's rights)
Injurious Falsehood
Passing off
Open and notorious - unchallenged - exclusive - continuous
Price fixing

8. 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.
Players in the legal system
Sole proprietorship - partnership - and corporations
Negligence
Thin Skull Rule

9. 'It stands decided'
Easement
The 4 principles of Equal Pay legislation
Stare decisis
Passing off

10. Fundamental freedoms in Section 2 of the Charter
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
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Negligence Per se

11. Legal responsibility for the negligence of another person
Floating charge
Reasons a contract may be impeached
Invitation to treat
Vicarious liability

12. Author of the Universal Declaration of Human Rights
Repudiation - sabotage - failure to perform
Unilateral Contract
John Humphrey
Invitation to treat

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

14. Circumstances in which the authorities do not need a warrant to search your premises
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
E. Coli
Financial disloyalty - falsified qualifications - gross and continuing incompetence

15. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate
Duty to mitigate
Types of contracts which must be in writing

16. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Positive law
Democratic rights to vote or run for election
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

17. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
The items that should be included in a job description
Exceptions to the privity of contract rule
Innocent - negligent - fraudulent
John Humphrey

18. The exchange of benefits; the price a party pays for the promise
Consideration
Group termination
Habeas corpus
$413 or 55% of the claimant's average insured earnings (whichever is less)

19. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Intentional torts
Municipal government
Landlord-tenant

20. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Lie flat to distribute the force of the impact
Four purpose of sentencing
Consideration

21. Someone who certifies documents - but does not draft documents
Exemplary damages
Natural Law
Notary
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

22. When two or more suppliers conspire to set prices.
Bona fide occupational requirement
The kinds of misrepresentation
Acts of God - acts of a public enemy - guests' own negligence
Price fixing

23. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Duty to mitigate
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
By Performance - By Agreement - By Frustration - By Operation of law

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

25. Latin term for 'On the face of it'.
Prima facie
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Parol Evidence Rule
Trade mark

26. Damages are awarded to compensate the injured party
Exemplary damages
General damages
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

27. Author of the Universal Declaration of Human Rights in 1948?
Exceptions to the privity of contract rule
Four purpose of sentencing
Amortization
John Humphrey

28. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Quantum meruit
Floating charge
Habeas corpus
Reasonable Person Test

29. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Innocent - negligent - fraudulent
The items that should be included in a job description
Actus reus and Mens rea
Duty to mitigate

30. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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
The kinds of misrepresentation
Equitable estoppal

31. Within the walls of the inn
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Infra hospitium
Intentional - Unintentional

32. Once a contract is written - it cannot be changed without consent of both parties.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The parol evidence rule
Good Samaritan Legislation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

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

34. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Absolute liability
Neighbour principle
'The thing speaks for itself'

35. Alcohol misuse under the Liquor License Act
Municipal government
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Uttering
Breach of contract

36. What are three ways a contract is breached?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Repudiation - sabotage - failure to perform
Personal and real

37. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Innocent - negligent - fraudulent
Ultra vires
Mens rea
Contributory negligence

38. Division of Lower Provincial Courts
Slander and Libel
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Criminal - Family - Youth - Small claims court
Habeas corpus

39. A plaintiff is partly or solely the cause of his or her own injury.
The kinds of misrepresentation
6 primary purposes of tort law
Contributory negligence
98%

40. What are three ways a contract is breached
Habeas corpus
Common - mutual and unilateral.
Criminal - Family - Youth - Small claims court
Repudiation - Sabotage - Failure to perform

41. List 5/6 items employers can expect from their employees
Municipal government
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
Fiduciary Duty

42. When the police do not need a warrant to search your residence and/or business?
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
Agent
Non est factum
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

43. Regulation - deterrence - compensation - dispute resolution - education and prevention
Slander and Libel
Habeas corpus
6 primary purposes of tort law
Restrictive covenant

44. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Positive Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Constitution

45. This relationship exists when one person has the power to affect another person's property or legal interests
Intentional - Unintentional
Fiduciary Duty
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.
Uttering

46. Three types of offences
Discoveries Stage
Consideration
To 'perfect' a lien
Summary conviction - indictable - and hybrid

47. Division of law that defines rights and remedies
Stare decisis
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Thin Skull Rule
Substantive Law

48. Legislators - judges - jurors - lawyers - clients and police
Prima facie
Players in the legal system
Non est factum
John Humphrey

49. Who owns mislaid property?
Non est factum
The owner
Proximate cause of the injury
Amortization

50. A duty that cannot be given to someone else
Non delegable duty
Reiver
Group termination
Notary