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Hospitality Law

Instructions:

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. Beyond a reasonable doubt is what probability
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
98%
Sole proprietorship - partnership - and corporations

2. Promises made without consideration
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Amortization
Innocent - negligent - fraudulent
Gratuitous Promise

3. 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
420 to 700 hours depending on the regional unemployment rate
Actus reus and Mens rea
The 4 principles of Equal Pay legislation
Quantum meruit

4. It is not my deed
Non est factum
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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence

5. Spoken and written defamation
Thin Skull Rule
Noncompetition/nonsolicitation clauses
Agent
Slander and Libel

6. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Noncompetition/nonsolicitation clauses
Repudiation - Sabotage - Failure to perform
Contributory Negligence

7. Which of the following rights does the Charter guarantee only to citizens of Canada
Surcharge
Quantum merits
Democratic rights to vote or run for election
Invitation to treat

8. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Quantum merits
Prima facie
Express deposit
Personal and real

9. Three types of intangibles
John Humphrey
Restrictive covenant
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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

10. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Mens rea
Discoveries Stage
General damages

11. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Municipal government
Passing off
Lie flat to distribute the force of the impact
Trade mark

12. 3 types of offenses in a criminal procedure
Constitution
Prima facie
Creed
Summary conviction - Indictable - Hybrid

13. When two or more suppliers conspire to set prices.
Vicarious Liability
Price fixing
Restrictive covenant
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.

14. A right to use another's land for a specific purpose.
Easement
Floating charge
Criminal - Family - Youth - Small claims court
Sunset Clause

15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Repudiation - Sabotage - Failure to perform
Duty to mitigate
Reasons a contract may be impeached
Instances under which an offer lapses

16. A plaintiff is partly or solely the cause of his or her own injury
The 2 classes of servants
Contributory negligence
Four purpose of sentencing
Negligence

17. Latin term for within or on the premises of the inn (extension of the inn).
Intentional - Unintentional
Equity financing - debt financing - sale of assets
1) in the office - 2) every guestroom - and 3) public rooms (area).
Infra hospitium

18. A restriction placed on some aspect of land use.
Notary
Actus reus
Restrictive covenant
Trademark infringement

19. Res ipsa loquitur

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20. Surviving a falling elevator
E. Coli
Lie flat to distribute the force of the impact
6 primary purposes of tort law
Reasonable Person Test

21. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Equitable estoppel
Types of contracts which must be in writing
Surcharge

22. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Contributory Negligence
Power of Attorney
Positive law
Restrictive covenant

23. What are some of the conditions for rightful dismissal?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Summary conviction (minor) - indictable (serious) - hybrid
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence

24. You shall have the body
Merit
Habeas corpus
Types of contracts which must be in writing
Acts of God - acts of a public enemy - guests' own negligence

25. Four methods to prevent potential legal action against your business.
The 2 classes of servants
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Agent
The 4 principles of Equal Pay legislation

26. Under contract law - list the three types of mistake the law recognizes.
Contributory negligence
Common - mutual and unilateral.
Defamation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

27. Balance of probability needed to win a civil case
420 to 700 hours depending on the regional unemployment rate
Summary conviction - Indictable - Hybrid
51% or 52%
Food and Drugs Act

28. A promise for an action
Non delegable duty
Unilateral Contract
Noncompetition/nonsolicitation clauses
Intentional torts

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Nepotism
Exceptions to the privity of contract rule
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

30. What are exemplary damages?
The 2 classes of servants
Damages that are imposed to punish and to make an example of the offending party
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Power of attorney

31. A person who becomes ill but did not pay for the meal can sue the establishment
Personal and real
Noncompetition/nonsolicitation clauses
Neighbour principle
Price fixing

32. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
4 items that should be included in the job description
Four purpose of sentencing
Constitution
Express deposit

33. Use of another company's business name or logo without permission.
98%
General damages
Trademark infringement
Quantum meruit

34. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Equitable estoppel
Intentional - Unintentional
4 items that should be included in the job description
Innocent - negligent - fraudulent

35. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Good Samaritan Legislation
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Noncompetition/nonsolicitation clauses

36. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Quantum meruit
Unilateral Contract
Merit

37. In a criminal procedure list the 3 types of offenses
Exceptions to the privity of contract rule
Summary conviction (minor) - indictable (serious) - hybrid
Surcharge
Equity financing - debt financing - sale of assets

38. Latin for guilty act and guilty mind
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.
Actus reus and Mens rea
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

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

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40. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Neighbour principle
4 items that should be included in the job description
'The thing speaks for itself'

41. The division of law associated with interpersonal matters
Private law
Infra hospitium
Contributory negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

42. Legal responsibility for the negligence of another person
Salmonella
Vicarious liability
Stare decisis
Consideration

43. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Damages that are imposed to punish and to make an example of the offending party
Municipal government
Passing off

44. Within the walls of the inn
Duty to mitigate
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
To 'perfect' a lien
Infra hospitium

45. Once a contract is written - it cannot be changed without the consent of both parties
Land - buildings - fixtures
Exemplary damages
Parol Evidence Rule
Proximate cause of the injury

46. Stages of a civil action
Positive Law
Acts of God - acts of a public enemy - guests' own negligence
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.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

47. 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
Vicarious Liability
Actus reus
Proximate cause of the injury
Non est factum

48. Author of the 1948 Universal Declaration of Human Rights
Four purpose of sentencing
Duty to mitigate
General damages
John Humphrey

49. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Infra hospitium
General - Punitive - Exemplary
Equitable estoppal
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

50. 'It stands decided'
The kinds of misrepresentation
Sunset Clause
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Stare decisis