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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 the police do not need a warrant to search your residence and/or business?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
To 'perfect' a lien
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

2. Latin for guilty act and guilty mind
Actus reus and Mens rea
John Humphrey
Agent
Power of attorney

3. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Intentional - Unintentional
Repudiation - sabotage - failure to perform
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

4. 'It stands decided'
Invitation to treat
Democratic rights to vote or run for election
The 4 principles of Equal Pay legislation
Stare decisis

5. 'To have the body'
Habeas corpus
Damages that are imposed to punish and to make an example of the offending party
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Contributory negligence

6. The division of law associated with interpersonal matters
Negligent Misrepresentation
Private law
Shareholders - board of directors - statutory officers - employees - and creditors
Vicarious Liability

7. A duty that cannot be given to someone else
The owner
Non delegable duty
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
$413 or 55% of the claimant's average insured earnings (whichever is less)

8. What does BFOR stand for?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Players in the legal system
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Bona fide occupational requirement

9. Law based on moral - religious or philosophical grounds
Natural Law
Royal prerogatives
Infra hospitium
The 2 classes of servants

10. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
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.
6 primary purposes of tort law
Gratuitous bailment

11. 'Reasonable worth of the good'
51% or 52%
Slander and Libel
The kinds of misrepresentation
Quantum meruit

12. 5 reasons for evicting a guest.
Exceptions to the privity of contract rule
Non delegable duty
The parol evidence rule
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.

13. Favoritism granted to relatives or friends regardless of merit
Nepotism
Contributory negligence
Surcharge
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

14. 3 types of offenses in a criminal procedure
Good Samaritan Legislation
Vicarious liability
Summary conviction - Indictable - Hybrid
$413 or 55% of the claimant's average insured earnings (whichever is less)

15. When two or more suppliers conspire to set prices.
Four purpose of sentencing
Unconscionable transactions
Price fixing
Personal and real

16. 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
Good Samaritan Legislation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Defenses to intentional Torts
Breach of contract

17. How contracts can be discharged
Prima facie
Defamation
Common - mutual and unilateral.
By Performance - By Agreement - By Frustration - By Operation of law

18. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Gratuitous Promise
Open and notorious - unchallenged - exclusive - continuous
Intentional - Unintentional

19. The period of time required to pay off the principal completely at a set interest rate.
Proximate cause of the injury
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.
Amortization
Land - buildings - fixtures

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

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21. Division of law that defines rights and remedies
98%
Non est factum
Infra hospitium
Substantive Law

22. Political - religious beliefs - and affiliations
Contributory negligence
Acts of God - acts of a public enemy - guests' own negligence
Creed
Consideration

23. What are three ways a contract is breached?
Amortization
Exceptions to the privity of contract rule
Repudiation - sabotage - failure to perform
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.

24. What are the 3 types of bailment?
Thin Skull Rule
By Performance - By Agreement - By Frustration - By Operation of law
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Royal prerogatives

25. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Quantum meruit
51% or 52%
Four purpose of sentencing
Passing off

26. 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 - Indictable - Hybrid
Thin Skull Rule
Equity financing - debt financing - sale of assets

27. Allows a legislation to override the Charter
Section 33 of the Charter
Amortization
By Performance - By Agreement - By Frustration - By Operation of law
Discoveries Stage

28. Res ipsa loquitur

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29. When 50 or more employees are laid off within 2 months.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Personal and real
Quantum meruit
Group termination

30. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Bona fide occupational requirement
Reasons a contract may be impeached
Good Samaritan Legislation
Four purpose of sentencing

31. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
Food and Drugs Act
Restrictive covenant
Non delegable duty

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Defamation
Res ipsa loquitar
Negligence

33. Spoken and written defamation
Slander and Libel
By Performance - By Agreement - By Frustration - By Operation of law
Option
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

34. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Invitation to treat
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Exceptions to the privity of contract rule

35. Guilty act in Latin.
Equitable estoppal
Reiver
Actus reus
The owner

36. Discrimination that is actually encouraged in our society
To 'perfect' a lien
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Merit
Reiver

37. Once a contract is written - it cannot be changed without consent of both parties.
Gratuitous Promise
Summary conviction - Indictable - Hybrid
The parol evidence rule
Open and notorious - unchallenged - exclusive - continuous

38. What are exemplary damages?
Democratic rights to vote or run for election
Consideration
Creed
Damages that are imposed to punish and to make an example of the offending party

39. You shall have the body
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Instances under which an offer lapses
Habeas corpus
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

40. 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.
Non est factum
Sole proprietorship - partnership - and corporations
Types of contracts which must be in writing
Thin Skull Rule

41. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Passing off
Arraignment
Proximate cause of the injury

42. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
General - Punitive - Exemplary
Common - mutual and unilateral.
Agent
The items that should be included in a job description

43. Bailment for the sole benefit of the bailor.
Non delegable duty
General damages
Merit
Gratuitous bailment

44. A promise for an action
Creed
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Good Samaritan Legislation
Unilateral Contract

45. Damages are awarded to compensate the injured party
The parol evidence rule
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Neighbour principle
General damages

46. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Shareholders - board of directors - statutory officers - employees - and creditors
6 primary purposes of tort law
Equitable estoppal
Types of contracts which must be in writing

47. Selling accounts receivable at a discount.
Salmonella
Restrictive covenant
Four purpose of sentencing
Factoring

48. 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?
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equitable estoppal
Absolute liability
Breach of contract

49. The price a party pays for the promise.
Intentional - Unintentional
Open and notorious - unchallenged - exclusive - continuous
Consideration
Positive Law

50. How can an employer escape alcohol misuse liability?
Non est factum
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equitable estoppal
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.