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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Negligent Misrepresentation
Quantum meruit
Passing off

2. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Power of attorney
The parol evidence rule
Democratic rights to vote or run for election
Reasons a contract may be impeached

3. 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
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.
Power of attorney
General - Punitive - Exemplary
Duty to mitigate

4. Which of the following rights does the Charter guarantee only to citizens of Canada
Actus reus
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Democratic rights to vote or run for election
Municipal government

5. A person who becomes ill but did not pay for the meal can sue the establishment
Equitable estoppal
Neighbour principle
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Restrictive covenant

6. Discrimination that is actually encouraged in our society
Positive Law
Sole proprietorship - partnership - and corporations
Exemplary damages
Merit

7. Two types of negligence
Intentional - Unintentional
Salmonella
Common - mutual and unilateral.
General damages

8. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Passing off
Sole proprietorship - partnership - and corporations
Arraignment

9. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Unilateral Contract
Neighbour principle
Positive law

10. Guilty mind.
Mens rea
Substantive Law
Types of contracts which must be in writing
Surcharge

11. 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
Invitation to treat
The 2 classes of servants
The 4 principles of Equal Pay legislation
Constitution

12. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Private law
Instances under which an offer lapses
Repudiation - Sabotage - Failure to perform
Acts of God - acts of a public enemy - guests' own negligence

13. A restriction placed on some aspect of land use.
Restrictive covenant
Section 33 of the Charter
Power of attorney
51% or 52%

14. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Prima facie
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trademark infringement

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?
Negligent Misrepresentation
Sole proprietorship - partnership - and corporations
Breach of contract
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.

16. A right to use another's land for a specific purpose.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Equitable estoppal
Easement
Quantum merits

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

18. Alcohol misuse under the Liquor License Act
Proximate cause of the injury
Exceptions to the privity of contract rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

19. The plaintiff has been injured upon the result of his own negligence
Discoveries Stage
4 items that should be included in the job description
Contributory Negligence
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

20. What are three ways a contract is breached?
Quantum meruit
Exemplary damages
Actus reus
Repudiation - sabotage - failure to perform

21. Who owns mislaid property?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The owner
Easement

22. Latin term for within or on the premises of the inn (extension of the inn).
Passing off
Passing off
Infra hospitium
Easement

23. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Power of Attorney
Unconscionable transactions
Fiduciary Duty

24. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Express deposit
Surcharge
Constitution

25. 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
Discoveries Stage
Negligent Misrepresentation
Duty to mitigate

26. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Food and Drugs Act
Negligence
Thin Skull Rule
Passing off

27. Beyond a reasonable doubt is what probability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Option
Neighbour principle
98%

28. What does BFOR stand for?
Noncompetition/nonsolicitation clauses
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
Quantum meruit
Bona fide occupational requirement

29. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Negligent Misrepresentation
Habeas corpus
Legal realism
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

30. 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.
Duty to mitigate
Municipal government
The 4 principles of Equal Pay legislation
Noncompetition/nonsolicitation clauses

31. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
John Humphrey
Constitution
Merit
Unconscionable transactions

32. Fundamental freedoms in Section 2 of the Charter
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.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Noncompetition/nonsolicitation clauses
'The thing speaks for itself'

33. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Parol Evidence Rule
The parol evidence rule

34. A duty that cannot be given to someone else
Absolute liability
Creed
Non delegable duty
John Humphrey

35. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Slander and Libel
General damages
Infra hospitium

36. List remedies one would expect when a contract is breached
Reasonable Person Test
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Consideration
Trademark infringement

37. What are some of the conditions for rightful dismissal?
Sole proprietorship - partnership - and corporations
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Infra hospitium
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

38. Independent contractors and employees.
Habeas corpus
Non delegable duty
Damages that are imposed to punish and to make an example of the offending party
The 2 classes of servants

39. It is not my deed
Royal prerogatives
Negligent Misrepresentation
Uttering
Non est factum

40. 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
Ultra vires
$413 or 55% of the claimant's average insured earnings (whichever is less)
Personal and real
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

41. Food poisoning from hamburger
Infra hospitium
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
E. Coli
The owner

42. Latin term for 'It is not my deed
Neighbour principle
Injurious Falsehood
Non est factum
Private law

43. Allows a legislation to override the Charter
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform
Section 33 of the Charter
Summary conviction - indictable - and hybrid

44. Division of Lower Provincial Courts
Passing off
Shareholders - board of directors - statutory officers - employees - and creditors
Criminal - Family - Youth - Small claims court
Bona fide occupational requirement

45. Food Poisoning from chicken
Salmonella
Actus reus
Power of Attorney
Noncompetition/nonsolicitation clauses

46. The division of law associated with interpersonal matters
Passing off
Noncompetition/nonsolicitation clauses
Section 33 of the Charter
Private law

47. Accommodations that are not considered 'inns'.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exceptions to the privity of contract rule
Gratuitous Promise

48. what are the four purposes of sentencing?
The parol evidence rule
Constitution
Land - buildings - fixtures
Specific deterrence - general deterrence - rehabilitation - protection of the public

49. What are the three kinds of misrepresentation?
Four purpose of sentencing
Innocent - negligent - fraudulent
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty

50. A plaintiff is partly or solely the cause of his or her own injury.
Negligence
Contributory negligence
Restrictive covenant
Natural Law