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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. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Types of contracts which must be in writing
Damages that are imposed to punish and to make an example of the offending party
Substantive Law

2. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Reiver
Proximate cause of the injury
Merit
4 items that should be included in the job description

3. What are three ways a contract is breached?
Reasons a contract may be impeached
Acts of God - acts of a public enemy - guests' own negligence
Repudiation - sabotage - failure to perform
Fiduciary Duty

4. Discrimination that is actually encouraged in our society
Positive law
Merit
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Open and notorious - unchallenged - exclusive - continuous

5. Innocent - negligent and fraudulent
Innocent - negligent - fraudulent
Four purpose of sentencing
Agent
The kinds of misrepresentation

6. List the 3 subtle signs of intoxication.
Infra hospitium
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Players in the legal system
Agent

7. Three types of intangibles
Section 33 of the Charter
Summary conviction - indictable - and hybrid
The kinds of misrepresentation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

8. Three types of offences
Summary conviction - indictable - and hybrid
Consideration
Common - mutual and unilateral.
John Humphrey

9. 2 classes of servants.
Fiduciary Duty
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
Creed
Independent contractors - employees

10. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Trade mark
Thin Skull Rule

11. What are the two types of property?
Disclaimer
General - Punitive - Exemplary
Personal and real
Unilateral Contract

12. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Contributory Negligence
Natural Law
Land - buildings - fixtures

13. Conditions for rightful dismissal.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Negligence
Criminal - Family - Youth - Small claims court
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

14. 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
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Factoring
Vicarious Liability
Nepotism

15. Political - religious beliefs - and affiliations
Intentional torts
Four purpose of sentencing
Creed
Common - mutual and unilateral.

16. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Constitution
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.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Discoveries Stage

17. Promises made without consideration
Consideration
Nepotism
Gratuitous Promise
Innocent - negligent - fraudulent

18. The amount he merits
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Quantum merits
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Lie flat to distribute the force of the impact

19. Legal responsibility for the negligence of another person
Bona fide occupational requirement
Creed
Vicarious liability
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.

20. An agreement by an offeror to leave an offer open for a specified period of time
Unconscionable transactions
Agent
Option
General damages

21. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Sole proprietorship - partnership - and corporations
Land - buildings - fixtures
Duty to mitigate

22. Which of the following rights does the Charter guarantee only to citizens of Canada
Disclaimer
Democratic rights to vote or run for election
Royal prerogatives
John Humphrey

23. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious liability
98%
John Humphrey

24. An agreement by an offeror to leave an offer open for a specified period of time.
Instances under which an offer lapses
Option
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Absolute liability

25. A plaintiff is partly or solely the cause of his or her own injury
Damages that are imposed to punish and to make an example of the offending party
Contributory negligence
Fiduciary Duty
Absolute liability

26. what are the four purposes of sentencing?
Vicarious Liability
Sole proprietorship - partnership - and corporations
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Specific deterrence - general deterrence - rehabilitation - protection of the public

27. Law is whatever judges say it is...
Prima facie
Option
Duty to mitigate
Legal realism

28. Damages are awarded to compensate the injured party
The owner
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
General damages
Infra hospitium

29. A promise for an action
Passing off
Unilateral Contract
51% or 52%
420 to 700 hours depending on the regional unemployment rate

30. A plaintiff is partly or solely the cause of his or her own injury.
Surcharge
Contributory negligence
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Merit

31. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Absolute liability
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

32. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Power of attorney
Good Samaritan Legislation
Slander and Libel
Exemplary damages

33. Circumstances in which the authorities do not need a warrant to search your premises
Invitation to treat
Royal prerogatives
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Absolute liability

34. Another word for 'reafian'?
Sole proprietorship - partnership - and corporations
Good Samaritan Legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reiver

35. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Notary
Negligence Per se
Exceptions to the privity of contract rule
Summary conviction - indictable - and hybrid

36. What does real property include?
Land - buildings - fixtures
Bona fide occupational requirement
By Performance - By Agreement - By Frustration - By Operation of law
Salmonella

37. A duty that cannot be given to someone else
Option
Power of attorney
Royal prerogatives
Non delegable duty

38. Regulation - deterrence - compensation - dispute resolution - education and prevention
Innocent - negligent - fraudulent
Merit
Breach of contract
6 primary purposes of tort law

39. Food poisoning from hamburger
E. Coli
Vicarious Liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
John Humphrey

40. Surviving a falling elevator
Royal prerogatives
Consideration
Lie flat to distribute the force of the impact
Innocent - negligent - fraudulent

41. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Four purpose of sentencing
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reiver
Express deposit

42. Latin for 'the thing speaks for itself'
Non delegable duty
Fiduciary Duty
Res ipsa loquitar
Democratic rights to vote or run for election

43. Most difficult element of negligence to prove
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.
Positive law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction - Indictable - Hybrid

44. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
The parol evidence rule
Criminal - Family - Youth - Small claims court
Passing off

45. 'It stands decided'
Trade mark
Neighbour principle
Thin Skull Rule
Stare decisis

46. Amount added on to a usual charge for a specific product - purpose - or service.
Ultra vires
Actus reus and Mens rea
Substantive Law
Surcharge

47. Balance of probability needed to win a civil case
Salmonella
Uttering
The 2 classes of servants
51% or 52%

48. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Vicarious Liability
Substantive Law

49. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equitable estoppel
1) in the office - 2) every guestroom - and 3) public rooms (area).
Absolute liability

50. Bailment for the sole benefit of the bailor.
Positive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Gratuitous bailment