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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. What is the maximum weekly EI benefit?

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2. The price a party pays for the promise.
Personal and real
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
Absolute liability

3. What are the 3 types of bailment?
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.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off

4. Notices of statutory provisions limiting liability be posted where?
The owner
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

5. It is not my deed
Non est factum
Disclaimer
Intentional - Unintentional
Thin Skull Rule

6. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Proximate cause of the injury
Quantum merits
John Humphrey

7. What does BFOR stand for?
Non delegable duty
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
Bona fide occupational requirement

8. First stage in a criminal court procedure
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Arraignment
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Private law

9. In a criminal procedure list the 3 types of offenses
John Humphrey
Infra hospitium
Summary conviction (minor) - indictable (serious) - hybrid
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

10. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Amortization
Creed
Summary conviction - Indictable - Hybrid

11. The exchange of benefits; the price a party pays for the promise
The items that should be included in a job description
Consideration
Express deposit
Negligence Per se

12. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
To 'perfect' a lien
Exceptions to the privity of contract rule
Creed
Arraignment

13. 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
Vicarious Liability
Express deposit
Stare decisis
Good Samaritan Legislation

14. Four methods to prevent potential legal action against your business.
Proximate cause of the injury
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

15. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
E. Coli
Independent contractors - employees
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Reasons a contract may be impeached
Injurious Falsehood
Exceptions to the privity of contract rule
Quantum merits

17. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Duty to mitigate
Quantum meruit
Bona fide occupational requirement

18. 'It stands decided'
Substantive Law
Res ipsa loquitar
Stare decisis
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

19. Res ipsa loquitur

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20. Law created by a person or body with authority to enact and enforce it
Lie flat to distribute the force of the impact
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Positive Law
Acts of God - acts of a public enemy - guests' own negligence

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

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22. A duty that cannot be given to someone else
Non delegable duty
Infra hospitium
Ultra vires
E. Coli

23. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Summary conviction - Indictable - Hybrid
Types of contracts which must be in writing
Constitution
Reasonable Person Test

24. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Arraignment
Absolute liability
Trade mark
John Humphrey

25. The level of government in charge of bylaws
Contributory negligence
Municipal government
The 4 principles of Equal Pay legislation
Thin Skull Rule

26. Latin term for 'On the face of it'.
Prima facie
Substantive Law
Repudiation - sabotage - failure to perform
Injurious Falsehood

27. 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
Factoring
Exceptions to the privity of contract rule
Gratuitous Promise

28. Spoken and written defamation
Intentional - Unintentional
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Noncompetition/nonsolicitation clauses
Slander and Libel

29. Three types of intangibles
Arraignment
Acts of God - acts of a public enemy - guests' own negligence
Fiduciary Duty
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

30. list 4 elements of bailment
Factoring
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Boarding house - a rooming house - homes for seniors - and time-share arrangements

31. Law based on moral - religious or philosophical grounds
Stare decisis
Negligence Per se
Consideration
Natural Law

32. The amount he merits
Quantum merits
Open and notorious - unchallenged - exclusive - continuous
Unconscionable transactions
Royal prerogatives

33. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Restrictive covenant
Reiver
Bona fide occupational requirement

34. 3 types of business structures.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Sole proprietorship - partnership - and corporations
General - Punitive - Exemplary
6 primary purposes of tort law

35. Someone who certifies documents - but does not draft documents
Noncompetition/nonsolicitation clauses
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Notary
Merit

36. Discrimination that is actually encouraged in our society
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Instances under which an offer lapses
Exemplary damages
Merit

37. what are the four purposes of sentencing?
General damages
Stare decisis
Specific deterrence - general deterrence - rehabilitation - protection of the public
John Humphrey

38. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Repudiation - sabotage - failure to perform
Invitation to treat
Unconscionable transactions

39. A right to use another's land for a specific purpose.
Easement
98%
John Humphrey
Repudiation - Sabotage - Failure to perform

40. 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
Passing off
Contributory Negligence
Injurious Falsehood

41. List the 3 subtle signs of intoxication.
Non est factum
E. Coli
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Express deposit

42. Three types of offences
Power of attorney
Reiver
Summary conviction - indictable - and hybrid
Stare decisis

43. When the police do not need a warrant to search your residence and/or business?
Factoring
Intentional torts
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Habeas corpus

44. 'To have the body'
Ultra vires
Habeas corpus
Fiduciary Duty
Positive law

45. Innocent - negligent and fraudulent
Exceptions to the privity of contract rule
The kinds of misrepresentation
Equitable estoppal
Salmonella

46. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Merit
Negligence
420 to 700 hours depending on the regional unemployment rate
Duty to mitigate

47. Legal responsibility for the negligence of another person
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Sunset Clause
6 primary purposes of tort law

48. The plaintiff has been injured upon the result of his own negligence
Salmonella
Contributory Negligence
Intentional - Unintentional
Duty to mitigate

49. Division of Lower Provincial Courts
John Humphrey
Criminal - Family - Youth - Small claims court
Absolute liability
Contributory negligence

50. 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.
Breach of contract
Equitable estoppel
Option
Absolute liability