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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. Innocent - negligent and fraudulent
Criminal - Family - Youth - Small claims court
The kinds of misrepresentation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Thin Skull Rule

2. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Trademark infringement
John Humphrey
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

3. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Prima facie
Disclaimer
Gratuitous Promise
Power of attorney

4. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
4 items that should be included in the job description
Trade mark
Negligence
Open and notorious - unchallenged - exclusive - continuous

5. Beyond a reasonable doubt is what probability
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
98%
Factoring
Contributory Negligence

6. Circumstances in which the authorities do not need a warrant to search your premises
Repudiation - Sabotage - Failure to perform
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
Bona fide occupational requirement

7. Governor general and lieutenant governors
Nepotism
Infra hospitium
Royal prerogatives
Unconscionable transactions

8. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Bona fide occupational requirement
John Humphrey
$413 or 55% of the claimant's average insured earnings (whichever is less)

9. Guilty mind.
Merit
Mens rea
Royal prerogatives
Good Samaritan Legislation

10. Within the walls of the inn
Power of Attorney
Absolute liability
Infra hospitium
Royal prerogatives

11. Res ipsa loquitur

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12. 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
Royal prerogatives
Negligent Misrepresentation
51% or 52%
Sunset Clause

13. Minimum amount of hours needed to be eligible for EI benefits.
Positive law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Duty to mitigate
420 to 700 hours depending on the regional unemployment rate

14. The plaintiff has been injured upon the result of his own negligence
Summary conviction (minor) - indictable (serious) - hybrid
Contributory Negligence
Res ipsa loquitar
Nepotism

15. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Mens rea
Express deposit
Arraignment
Absolute liability

16. Three types of intangibles
Damages that are imposed to punish and to make an example of the offending party
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
The 4 principles of Equal Pay legislation
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

17. Political - religious beliefs - and affiliations
Shareholders - board of directors - statutory officers - employees - and creditors
Unilateral Contract
Creed
Good Samaritan Legislation

18. Spoken and written defamation
Reiver
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Slander and Libel
Lie flat to distribute the force of the impact

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Notary
Actus reus and Mens rea
Open and notorious - unchallenged - exclusive - continuous

20. What are exemplary damages?
51% or 52%
Damages that are imposed to punish and to make an example of the offending party
Contributory negligence
Good Samaritan Legislation

21. Which of the following rights does the Charter guarantee only to citizens of Canada
Equity financing - debt financing - sale of assets
Good Samaritan Legislation
John Humphrey
Democratic rights to vote or run for election

22. 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?
Breach of contract
Amortization
To 'perfect' a lien
Non est factum

23. This person acts on behalf of the principal
Exceptions to the privity of contract rule
Agent
Quantum merits
Trade mark

24. What must be established to substantiate a claim for bailment?
Positive law
Exemplary damages
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
Thin Skull Rule

25. Use of another company's business name or logo without permission.
Reiver
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
Intentional - Unintentional
Trademark infringement

26. What are the two types of property?
Trademark infringement
Passing off
Personal and real
Common - mutual and unilateral.

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
6 primary purposes of tort law
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Ultra vires
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.

28. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Quantum meruit
Gratuitous bailment
Floating charge
Actus reus and Mens rea

29. Two types of negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General damages
Intentional - Unintentional
Repudiation - sabotage - failure to perform

30. You shall have the body
To 'perfect' a lien
Habeas corpus
Quantum merits
Unconscionable transactions

31. How can an employer escape alcohol misuse liability?
'The thing speaks for itself'
Duty to mitigate
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.
Equity financing - debt financing - sale of assets

32. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Non est factum
Absolute liability
Players in the legal system
Food and Drugs Act

33. What are some of the conditions for rightful dismissal?
The owner
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence

34. Favoritism granted to relatives or friends regardless of merit
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Nepotism

35. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Stare decisis
The parol evidence rule

36. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Shareholders - board of directors - statutory officers - employees - and creditors
Power of Attorney
Passing off

37. List 3 ways to finance a new or existing business.
Consideration
Bona fide occupational requirement
Equity financing - debt financing - sale of assets
Damages that are imposed to punish and to make an example of the offending party

38. Latin term for 'It is not my deed
Res ipsa loquitar
Easement
Non est factum
Creed

39. Accommodations that are not considered 'inns'.
John Humphrey
51% or 52%
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Gratuitous Promise

40. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Positive law
Criminal - Family - Youth - Small claims court
Landlord-tenant

41. A promise for an action
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Passing off
Unilateral Contract
Good Samaritan Legislation

42. Who owns mislaid property?
The owner
Injurious Falsehood
Non est factum
Creed

43. How contracts can be discharged
Equitable estoppal
Vicarious liability
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium

44. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Positive law
Non est factum
Common - mutual and unilateral.

45. Latin term for within or on the premises of the inn (extension of the inn).
Players in the legal system
Infra hospitium
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

46. An agreement by an offeror to leave an offer open for a specified period of time
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Repudiation - Sabotage - Failure to perform
Option
Financial disloyalty - falsified qualifications - gross and continuing incompetence

47. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Repudiation - sabotage - failure to perform
Negligence Per se
Exceptions to the privity of contract rule
$413 or 55% of the claimant's average insured earnings (whichever is less)

48. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Lie flat to distribute the force of the impact
Equitable estoppal
Consideration
51% or 52%

49. Law is whatever judges say it is...
Democratic rights to vote or run for election
Types of contracts which must be in writing
Legal realism
Intentional - Unintentional

50. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exceptions to the privity of contract rule
Duty to mitigate
General damages