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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. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Reiver
Players in the legal system
John Humphrey
Duty to mitigate

2. Fundamental freedoms in Section 2 of the Charter
Negligent Misrepresentation
Res ipsa loquitar
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

3. Two types of negligence
Habeas corpus
Easement
Intentional - Unintentional
Legal realism

4. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Theft of services
Trademark infringement
Defenses to intentional Torts

5. It is not my deed
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Legal realism
Types of contracts which must be in writing
Non est factum

6. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Duty to mitigate
Reasons a contract may be impeached
Neighbour principle
Unconscionable transactions

7. Most difficult element of negligence to prove
Absolute liability
Discoveries Stage
Thin Skull Rule
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

8. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
6 primary purposes of tort law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Nepotism
Exceptions to the privity of contract rule

9. You shall have the body
Intentional - Unintentional
Reiver
Habeas corpus
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

10. The most difficult element of negligence to prove
Stare decisis
Actus reus and Mens rea
Prima facie
Proximate cause of the injury

11. First stage in a criminal court procedure
Arraignment
Legal realism
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

12. 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.
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
Reiver
Passing off
Fiduciary Duty

13. Beyond a reasonable doubt is what probability
Reasonable Person Test
98%
Infra hospitium
Fiduciary Duty

14. How can an employer escape alcohol misuse liability?
Easement
Summary conviction (minor) - indictable (serious) - hybrid
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.

15. A restriction placed on some aspect of land use.
Restrictive covenant
Sole proprietorship - partnership - and corporations
Trade mark
Bona fide occupational requirement

16. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
4 items that should be included in the job description
Exceptions to the privity of contract rule
Salmonella

17. What are exemplary damages?
Sunset Clause
Damages that are imposed to punish and to make an example of the offending party
Gratuitous Promise
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

18. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Intentional torts
Damages that are imposed to punish and to make an example of the offending party
Contributory negligence

19. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
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
Absolute liability
Actus reus
Constitution

20. Legislators - judges - jurors - lawyers - clients and police
Breach of contract
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Passing off
Players in the legal system

21. Three types of offences
Equitable estoppel
Summary conviction - indictable - and hybrid
Creed
Gratuitous bailment

22. Conditions for rightful dismissal.
Absolute liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
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.
Intentional torts

23. List the 3 subtle signs of intoxication.
Equitable estoppal
Mens rea
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Reasonable Person Test

24. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Fiduciary Duty
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Common - mutual and unilateral.

25. 2 classes of servants.
Arraignment
Fiduciary Duty
Quantum merits
Independent contractors - employees

26. Latin for guilty act and guilty mind
Gratuitous bailment
Actus reus and Mens rea
Theft of services
By Performance - By Agreement - By Frustration - By Operation of law

27. The price a party pays for the promise.
Merit
Private law
Consideration
The 4 principles of Equal Pay legislation

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

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29. What does BFOR stand for?
Bona fide occupational requirement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Parol Evidence Rule
The owner

30. What must be established to substantiate a claim for bailment?
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Specific deterrence - general deterrence - rehabilitation - protection of the public
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
Negligence

31. 3 types of business structures.
Equity financing - debt financing - sale of assets
Sole proprietorship - partnership - and corporations
Factoring
General damages

32. A right to use another's land for a specific purpose.
Easement
Passing off
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Negligence Per se

33. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
4 items that should be included in the job description
Absolute liability
Amortization

34. Guilty mind.
General damages
Power of Attorney
Bona fide occupational requirement
Mens rea

35. Accommodations that are not considered 'inns'.
Non delegable duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
'The thing speaks for itself'
Boarding house - a rooming house - homes for seniors - and time-share arrangements

36. When 50 or more employees are laid off within 2 months.
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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Group termination
420 to 700 hours depending on the regional unemployment rate

37. Notices of statutory provisions limiting liability be posted where?
John Humphrey
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
1) in the office - 2) every guestroom - and 3) public rooms (area).
6 primary purposes of tort law

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

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39. 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
The parol evidence rule
Group termination
Players in the legal system

40. Author of the Universal Declaration of Human Rights
Slander and Libel
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.
Unconscionable transactions
John Humphrey

41. Spoken and written defamation
Floating charge
Stare decisis
Breach of contract
Slander and Libel

42. The period of time required to pay off the principal completely at a set interest rate.
Summary conviction (minor) - indictable (serious) - hybrid
Amortization
Section 33 of the Charter
Noncompetition/nonsolicitation clauses

43. Food poisoning from hamburger
Thin Skull Rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
E. Coli
Exceptions to the privity of contract rule

44. Guilty act in Latin.
Actus reus
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.
John Humphrey
Option

45. 'Reasonable worth of the good'
Invitation to treat
Quantum meruit
Summary conviction (minor) - indictable (serious) - hybrid
Shareholders - board of directors - statutory officers - employees - and creditors

46. Alcohol misuse under the Liquor License Act
Summary conviction (minor) - indictable (serious) - hybrid
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Reasonable Person Test
Negligent Misrepresentation

47. What are the three kinds of misrepresentation?
Proximate cause of the injury
Innocent - negligent - fraudulent
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Merit

48. Surviving a falling elevator
Intentional - Unintentional
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Lie flat to distribute the force of the impact
98%

49. Regulation - deterrence - compensation - dispute resolution - education and prevention
Exemplary damages
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
6 primary purposes of tort law

50. A plaintiff is partly or solely the cause of his or her own injury
Invitation to treat
Food and Drugs Act
Contributory negligence
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