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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. Under contract law - list the three types of mistake the law recognizes.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Private law
Common - mutual and unilateral.

2. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
E. Coli
Legal realism
Natural Law

3. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Royal prerogatives
Group termination
Shareholders - board of directors - statutory officers - employees - and creditors
Negligence Per se

4. 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
Group termination
John Humphrey
Sole proprietorship - partnership - and corporations

5. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Private law
Common - mutual and unilateral.
Duty to mitigate

6. The plaintiff has been injured upon the result of his own negligence
Stare decisis
Contributory Negligence
Bona fide occupational requirement
Fiduciary Duty

7. List 5/6 items employers can expect from their employees
'The thing speaks for itself'
Equity financing - debt financing - sale of assets
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Ultra vires

8. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Slander and Libel
Notary
Constitution
Types of contracts which must be in writing

9. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
John Humphrey
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off

10. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Acts of God - acts of a public enemy - guests' own negligence
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.
Constitution

11. When two or more suppliers conspire to set prices.
Quantum merits
Power of Attorney
Disclaimer
Price fixing

12. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Injurious Falsehood
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Four purpose of sentencing
51% or 52%

13. How can an employer escape alcohol misuse liability?
Shareholders - board of directors - statutory officers - employees - and creditors
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.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Private law

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

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15. Defaming a business - a product or a property rather than a person.
Stare decisis
Injurious Falsehood
Instances under which an offer lapses
$413 or 55% of the claimant's average insured earnings (whichever is less)

16. Which of the following rights does the Charter guarantee only to citizens of Canada
By Performance - By Agreement - By Frustration - By Operation of law
Land - buildings - fixtures
Democratic rights to vote or run for election
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

17. Law created by a person or body with authority to enact and enforce it
Positive Law
Unilateral Contract
Royal prerogatives
Intentional torts

18. This person acts on behalf of the principal
Agent
Exceptions to the privity of contract rule
$413 or 55% of the claimant's average insured earnings (whichever is less)
Types of contracts which must be in writing

19. Governor general and lieutenant governors
Royal prerogatives
Instances under which an offer lapses
Quantum meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

20. Two kinds of negligence
Express deposit
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%
Intentional - Unintentional

21. Selling accounts receivable at a discount.
Factoring
Ultra vires
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

22. The most difficult element of negligence to prove
Contributory Negligence
Easement
6 primary purposes of tort law
Proximate cause of the injury

23. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Good Samaritan Legislation
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

24. Latin for guilty act and guilty mind
Arraignment
Actus reus and Mens rea
Amortization
Power of Attorney

25. Three types of offences
Summary conviction - indictable - and hybrid
The items that should be included in a job description
'The thing speaks for itself'
The parol evidence rule

26. What are some of the conditions for rightful dismissal?
Natural Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
E. Coli
Financial disloyalty - falsified qualifications - gross and continuing incompetence

27. First stage in a criminal court procedure
Arraignment
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Non delegable duty

28. Res ipsa loquitur

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29. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Municipal government
Contributory Negligence
Instances under which an offer lapses
The items that should be included in a job description

30. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Municipal government
Gratuitous bailment
Fiduciary Duty

31. In a criminal procedure list the 3 types of offenses
Sunset Clause
The 2 classes of servants
Summary conviction (minor) - indictable (serious) - hybrid
Independent contractors - employees

32. 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
6 primary purposes of tort law
Surcharge
The 4 principles of Equal Pay legislation
Players in the legal system

33. 5 possible consequences if you default on your mortgage?
Quantum meruit
Prima facie
The kinds of misrepresentation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

34. 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?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Breach of contract
Absolute liability
Negligence Per se

35. Damages are awarded to compensate the injured party
General damages
Sunset Clause
Noncompetition/nonsolicitation clauses
The owner

36. Three types of intangibles
Acts of God - acts of a public enemy - guests' own negligence
The 2 classes of servants
Slander and Libel
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

37. Favoritism granted to relatives or friends regardless of merit
Gratuitous Promise
Breach of contract
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Nepotism

38. What are the two types of property?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Merit
Personal and real
Passing off

39. 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.
Invitation to treat
Contributory negligence
Thin Skull Rule
1) in the office - 2) every guestroom - and 3) public rooms (area).

40. Law based on moral - religious or philosophical grounds
Salmonella
Natural Law
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.
Repudiation - Sabotage - Failure to perform

41. When a contract is breached - the injured party must do What is required to limit the losses they suffer
51% or 52%
Intentional torts
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.
Duty to mitigate

42. Minimum amount of hours needed to be eligible for EI benefits.
Absolute liability
420 to 700 hours depending on the regional unemployment rate
Option
Consideration

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

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44. What are exemplary damages?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
Theft of services
Actus reus

45. Conditions for rightful dismissal.
E. Coli
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Price fixing

46. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Theft of services
Vicarious Liability
Slander and Libel

47. Accommodations that are not considered 'inns'.
Gratuitous Promise
Thin Skull Rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non est factum

48. Guilty mind.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Players in the legal system
Mens rea
420 to 700 hours depending on the regional unemployment rate

49. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Natural Law
Damages that are imposed to punish and to make an example of the offending party
Defenses to intentional Torts
General - Punitive - Exemplary

50. A promise for an action
Trade mark
Non delegable duty
Unilateral Contract
Theft of services