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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. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The items that should be included in a job description
Boarding house - a rooming house - homes for seniors - and time-share arrangements

2. Circumstances in which the authorities do not need a warrant to search your premises
Option
Breach of contract
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Non delegable duty

3. Fundamental freedoms in Section 2 of the Charter
John Humphrey
Defenses to intentional Torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Defamation

4. 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
Open and notorious - unchallenged - exclusive - continuous
The 4 principles of Equal Pay legislation
Group termination
Summary conviction - Indictable - Hybrid

5. The level of government in charge of bylaws
Negligence
Reasonable Person Test
Absolute liability
Municipal government

6. 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.
John Humphrey
Invitation to treat
Fiduciary Duty
Pleadings - discoveries - pretrial and or mediation - trial - appeals

7. Innocent - negligent and fraudulent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
The kinds of misrepresentation
Non delegable duty
Vicarious liability

8. Author of the Universal Declaration of Human Rights in 1948?
Substantive Law
Fiduciary Duty
Personal and real
John Humphrey

9. Two types of negligence
Intentional - Unintentional
General damages
98%
Non est factum

10. Guilty mind.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Mens rea
Habeas corpus
Non delegable duty

11. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Intentional - Unintentional
Four purpose of sentencing
Instances under which an offer lapses
Merit

12. Damages are awarded to compensate the injured party
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
General damages
Nepotism
Infra hospitium

13. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

14. Law based on moral - religious or philosophical grounds
Mens rea
Players in the legal system
Injurious Falsehood
Natural Law

15. The period of time required to pay off the principal completely at a set interest rate.
Amortization
4 items that should be included in the job description
Actus reus
Floating charge

16. What are the 3 ways employment can be terminated?
Non est factum
Fiduciary Duty
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

17. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Summary conviction (minor) - indictable (serious) - hybrid
Lie flat to distribute the force of the impact
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

18. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Gratuitous bailment
Injurious Falsehood
Option

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Discoveries Stage
Repudiation - Sabotage - Failure to perform

20. What is the maximum weekly EI benefit?

21. What are the two types of property?
Arraignment
Mens rea
Personal and real
6 primary purposes of tort law

22. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Landlord-tenant
Private law

23. First stage in a criminal court procedure
6 primary purposes of tort law
Vicarious Liability
Arraignment
Acts of God - acts of a public enemy - guests' own negligence

24. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
Stare decisis
Contributory negligence
Common - mutual and unilateral.

25. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Habeas corpus
Infra hospitium
Floating charge
Injurious Falsehood

26. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Summary conviction (minor) - indictable (serious) - hybrid
The 2 classes of servants
Amortization

27. The publication of a false statement about someone either verbally or in writing which damages their reputation
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.
Defamation
Uttering
Duty to mitigate

28. It is not my deed
Non est factum
Vicarious liability
Contributory Negligence
Mens rea

29. Latin term for 'It is not my deed
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Non est factum
The 2 classes of servants
Passing off

30. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Res ipsa loquitar
Negligent Misrepresentation
Reasons a contract may be impeached

31. 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
Absolute liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Constitution

32. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Repudiation - Sabotage - Failure to perform
Damages that are imposed to punish and to make an example of the offending party
Food and Drugs Act
Equitable estoppel

33. Latin for 'the thing speaks for itself'
6 primary purposes of tort law
Section 33 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
Res ipsa loquitar

34. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Disclaimer
Exemplary damages
Non est factum

35. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Shareholders - board of directors - statutory officers - employees - and creditors
Prima facie
Bona fide occupational requirement

36. list 4 elements of bailment
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Price fixing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Invitation to treat

37. The division of law associated with interpersonal matters
Option
John Humphrey
Instances under which an offer lapses
Private law

38. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Easement
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.
98%

39. List the 3 subtle signs of intoxication.
Legal realism
Constitution
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

40. The price a party pays for the promise.
Surcharge
Mens rea
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
Consideration

41. 'It stands decided'
John Humphrey
Duty to mitigate
Stare decisis
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

42. Favoritism granted to relatives or friends regardless of merit
Invitation to treat
4 items that should be included in the job description
Nepotism
Vicarious liability

43. Three types of offences
E. Coli
Summary conviction - indictable - and hybrid
Defenses to intentional Torts
Non est factum

44. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Specific deterrence - general deterrence - rehabilitation - protection of the public
Surcharge
Constitution

45. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
1) in the office - 2) every guestroom - and 3) public rooms (area).
Food and Drugs Act
Land - buildings - fixtures

46. What are three ways a contract is breached
Infra hospitium
Contributory negligence
Repudiation - Sabotage - Failure to perform
To 'perfect' a lien

47. When the police do not need a warrant to search your residence and/or business?
Sunset Clause
Innocent - negligent - fraudulent
Repudiation - sabotage - failure to perform
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

48. Law is whatever judges say it is...
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General damages
Legal realism
Sunset Clause

49. 'Reasonable worth of the good'
Quantum meruit
Repudiation - sabotage - failure to perform
Uttering
Passing off

50. When 50 or more employees are laid off within 2 months.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Surcharge
Group termination
The 4 principles of Equal Pay legislation