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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. The amount he merits
Reasonable Person Test
Amortization
Quantum merits
Infra hospitium

2. 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
Infra hospitium
Fiduciary Duty
Negligent Misrepresentation
Sunset Clause

3. Another word for 'reafian'?
Royal prerogatives
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver
Substantive Law

4. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Contributory negligence
Duty to mitigate
Equity financing - debt financing - sale of assets
Common - mutual and unilateral.

5. The division of law associated with interpersonal matters
Four purpose of sentencing
Private law
Group termination
Shareholders - board of directors - statutory officers - employees - and creditors

6. Once a contract is written - it cannot be changed without consent of both parties.
Innocent - negligent - fraudulent
The parol evidence rule
Absolute liability
Repudiation - Sabotage - Failure to perform

7. Within the walls of the inn
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The 4 principles of Equal Pay legislation
Slander and Libel
Infra hospitium

8. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Exemplary damages
Non est factum
Defenses to intentional Torts
Uttering

9. Beyond a reasonable doubt is what probability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Exceptions to the privity of contract rule
98%
Creed

10. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Invitation to treat
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Intentional torts
Boarding house - a rooming house - homes for seniors - and time-share arrangements

11. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Sunset Clause
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equitable estoppal

12. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Unconscionable transactions
Intentional torts
Creed

13. Innocent - negligent and fraudulent
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
Summary conviction - Indictable - Hybrid
The kinds of misrepresentation
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

14. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Non est factum
Express deposit
Unconscionable transactions

15. 3 types of offenses in a criminal procedure
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Equity financing - debt financing - sale of assets
Summary conviction - Indictable - Hybrid

16. Guilty act in Latin.
The parol evidence rule
Types of contracts which must be in writing
Actus reus
Common - mutual and unilateral.

17. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Arraignment
Defenses to intentional Torts
Four purpose of sentencing
Power of Attorney

18. The price a party pays for the promise.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The items that should be included in a job description
Consideration
Express deposit

19. What are exemplary damages?
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
Damages that are imposed to punish and to make an example of the offending party
Agent
$413 or 55% of the claimant's average insured earnings (whichever is less)

20. Defaming a business - a product or a property rather than a person.
Stare decisis
Exceptions to the privity of contract rule
98%
Injurious Falsehood

21. What would a careful - thoughtful person in the same circumstances have done
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reasonable Person Test
Notary
By Performance - By Agreement - By Frustration - By Operation of law

22. Someone who certifies documents - but does not draft documents
Notary
Stare decisis
98%
Negligent Misrepresentation

23. What are the two types of property?
Amortization
Quantum meruit
Duty to mitigate
Personal and real

24. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Independent contractors - employees
4 items that should be included in the job description

25. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Neighbour principle
To 'perfect' a lien
Ultra vires

26. 'It stands decided'
Unilateral Contract
Stare decisis
Intentional torts
Acts of God - acts of a public enemy - guests' own negligence

27. A person who becomes ill but did not pay for the meal can sue the establishment
Vicarious Liability
Negligent Misrepresentation
Neighbour principle
420 to 700 hours depending on the regional unemployment rate

28. The period of time required to pay off the principal completely at a set interest rate.
Passing off
Amortization
Positive law
Actus reus and Mens rea

29. What does BFOR stand for?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
98%
Bona fide occupational requirement
Injurious Falsehood

30. Who owns mislaid property?
The owner
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Shareholders - board of directors - statutory officers - employees - and creditors
Summary conviction - Indictable - Hybrid

31. Guilty mind.
John Humphrey
Mens rea
Passing off
Constitution

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

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33. A symbol - word - name or device used to identify or signify a company or its product.
Equity financing - debt financing - sale of assets
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trade mark
Non delegable duty

34. The most difficult element of negligence to prove
Types of contracts which must be in writing
Proximate cause of the injury
Food and Drugs Act
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

35. 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?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
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
Contributory negligence
Breach of contract

36. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Land - buildings - fixtures
Infra hospitium
Royal prerogatives

37. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Agent
Duty to mitigate
4 items that should be included in the job description
Negligence

38. 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.
Thin Skull Rule
Equitable estoppal
Innocent - negligent - fraudulent
Reasonable Person Test

39. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Repudiation - sabotage - failure to perform
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Types of contracts which must be in writing
Group termination

40. Which of the following rights does the Charter guarantee only to citizens of Canada
Mens rea
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Democratic rights to vote or run for election
Municipal government

41. Food Poisoning from chicken
Factoring
Repudiation - Sabotage - Failure to perform
John Humphrey
Salmonella

42. An agreement by an offeror to leave an offer open for a specified period of time.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Option
Types of contracts which must be in writing
Easement

43. What is the maximum weekly EI benefit?

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44. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Passing off
Express deposit
Unilateral 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.

45. Selling accounts receivable at a discount.
Factoring
Neighbour principle
Floating charge
Proximate cause of the injury

46. Fundamental freedoms in Section 2 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
Invitation to treat
Negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

47. Once a contract is written - it cannot be changed without the consent of both parties
Defenses to intentional Torts
Equitable estoppal
Parol Evidence Rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

48. 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
Negligence Per se
Players in the legal system

49. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Duty to mitigate
Lie flat to distribute the force of the impact
Slander and Libel
Landlord-tenant

50. Two kinds of negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Defamation
Intentional - Unintentional