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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. Balance of probability needed to win a civil case
Players in the legal system
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exemplary damages
51% or 52%

2. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
To 'perfect' a lien
Sunset Clause

3. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Merit
Exceptions to the privity of contract rule
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
4 items that should be included in the job description

4. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Non est factum
Independent contractors - employees
Contributory Negligence

5. Promises made without consideration
Gratuitous Promise
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Invitation to treat
Habeas corpus

6. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
98%
Parol Evidence Rule
Repudiation - Sabotage - Failure to perform

7. 'Reasonable worth of the good'
98%
Quantum meruit
The owner
Thin Skull Rule

8. This relationship exists when one person has the power to affect another person's property or legal interests
Surcharge
Fiduciary Duty
Defamation
Substantive Law

9. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Non est factum
Injurious Falsehood
Habeas corpus
Four purpose of sentencing

10. List 5/6 items employers can expect from their employees
$413 or 55% of the claimant's average insured earnings (whichever is less)
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Vicarious liability
Fiduciary Duty

11. In a criminal procedure list the 3 types of offenses
Floating charge
Repudiation - sabotage - failure to perform
Summary conviction (minor) - indictable (serious) - hybrid
Discoveries Stage

12. The publication of a false statement about someone either verbally or in writing which damages their reputation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Disclaimer
Passing off
Defamation

13. Alcohol misuse under the Liquor License Act
Personal and real
Non est factum
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Merit

14. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Shareholders - board of directors - statutory officers - employees - and creditors
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.
Disclaimer
Floating charge

15. 5 reasons for evicting a guest.
Royal prerogatives
The owner
Exemplary damages
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.

16. 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
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The 4 principles of Equal Pay legislation
Agent
Actus reus and Mens rea

17. A promise for an action
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Unilateral Contract
Duty to mitigate

18. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Constitution
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The 2 classes of servants
Reasons a contract may be impeached

19. 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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Personal and real
Passing off
Power of attorney

20. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
4 items that should be included in the job description
Exceptions to the privity of contract rule
Reasonable Person Test
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

21. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Four purpose of sentencing
John Humphrey
Floating charge
Trade mark

22. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Negligence
Contributory Negligence
Constitution
Landlord-tenant

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

24. What are three ways a contract is breached
Passing off
The kinds of misrepresentation
Repudiation - Sabotage - Failure to perform
Floating charge

25. An agreement by an offeror to leave an offer open for a specified period of time.
Salmonella
420 to 700 hours depending on the regional unemployment rate
Damages that are imposed to punish and to make an example of the offending party
Option

26. When the public is misled into believing that one company's goods or services are those a similar brand or product
Trade mark
Passing off
Salmonella
Damages that are imposed to punish and to make an example of the offending party

27. Beyond a reasonable doubt is what probability
$413 or 55% of the claimant's average insured earnings (whichever is less)
98%
Vicarious Liability
The parol evidence rule

28. 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.
Prima facie
Constitution
Parol Evidence Rule
Thin Skull Rule

29. Two kinds of negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Intentional - Unintentional
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Absolute liability

30. Types of Damages
Disclaimer
Infra hospitium
General - Punitive - Exemplary
Ultra vires

31. Stages of a civil action
To 'perfect' a lien
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Innocent - negligent - fraudulent
Boarding house - a rooming house - homes for seniors - and time-share arrangements

32. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Disclaimer
Repudiation - sabotage - failure to perform
Absolute liability
Price fixing

33. Law based on moral - religious or philosophical grounds
Power of Attorney
Infra hospitium
Infra hospitium
Natural Law

34. 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
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Equity financing - debt financing - sale of assets
Ultra vires
Factoring

35. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equitable estoppal
Option
Equity financing - debt financing - sale of assets

36. Circumstances in which the authorities do not need a warrant to search your premises
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Good Samaritan Legislation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Actus reus

37. Most difficult element of negligence to prove
Land - buildings - fixtures
Thin Skull Rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Express deposit

38. Favoritism granted to relatives or friends regardless of merit
Nepotism
The kinds of misrepresentation
Negligence Per se
4 items that should be included in the job description

39. Conditions for rightful dismissal.
Thin Skull Rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Sunset Clause

40. Once a contract is written - it cannot be changed without the consent of both parties
Proximate cause of the injury
Actus reus
Uttering
Parol Evidence Rule

41. Political - religious beliefs - and affiliations
Neighbour principle
Price fixing
Creed
Non est factum

42. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
1) in the office - 2) every guestroom - and 3) public rooms (area).
Repudiation - Sabotage - Failure to perform
Duty to mitigate

43. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Municipal government
Res ipsa loquitar
Specific deterrence - general deterrence - rehabilitation - protection of the public

44. A plaintiff is partly or solely the cause of his or her own injury
Shareholders - board of directors - statutory officers - employees - and creditors
Ultra vires
Negligent Misrepresentation
Contributory negligence

45. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
Breach of contract
Specific deterrence - general deterrence - rehabilitation - protection of the public
420 to 700 hours depending on the regional unemployment rate

46. Discrimination that is actually encouraged in our society
Merit
Proximate cause of the injury
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Types of contracts which must be in writing

47. What does BFOR stand for?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Fiduciary Duty
Bona fide occupational requirement
Nepotism

48. Division of Lower Provincial Courts
General - Punitive - Exemplary
Group termination
Criminal - Family - Youth - Small claims court
Independent contractors - employees

49. A person who becomes ill but did not pay for the meal can sue the establishment
Group termination
Open and notorious - unchallenged - exclusive - continuous
Arraignment
Neighbour principle

50. The level of government in charge of bylaws
Proximate cause of the injury
Constitution
Surcharge
Municipal government