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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. A promise for an action
Unilateral Contract
Landlord-tenant
The 4 principles of Equal Pay legislation
Trade mark

2. The period of time required to pay off the principal completely at a set interest rate.
Damages that are imposed to punish and to make an example of the offending party
Amortization
Intentional torts
Power of Attorney

3. A right to use another's land for a specific purpose.
Sunset Clause
Types of contracts which must be in writing
Easement
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

4. Author of the Universal Declaration of Human Rights in 1948?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
The kinds of misrepresentation
Specific deterrence - general deterrence - rehabilitation - protection of the public

5. Surviving a falling elevator
General - Punitive - Exemplary
Lie flat to distribute the force of the impact
The parol evidence rule
John Humphrey

6. Latin term for 'On the face of it'.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Vicarious liability
Prima facie
Municipal government

7. When the public is misled into believing that one company's goods or services are those a similar brand or product
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Passing off
Stare decisis
Creed

8. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Slander and Libel
Four purpose of sentencing
Democratic rights to vote or run for election
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

9. 2 classes of servants.
Independent contractors - employees
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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
Royal prerogatives

10. Guilty mind.
Intentional - Unintentional
Constitution
Mens rea
$413 or 55% of the claimant's average insured earnings (whichever is less)

11. When 50 or more employees are laid off within 2 months.
Reasons a contract may be impeached
Group termination
6 primary purposes of tort law
Gratuitous bailment

12. Division of law that defines rights and remedies
1) in the office - 2) every guestroom - and 3) public rooms (area).
Notary
Infra hospitium
Substantive Law

13. what are the four purposes of sentencing?
Option
420 to 700 hours depending on the regional unemployment rate
Stare decisis
Specific deterrence - general deterrence - rehabilitation - protection of the public

14. 'It stands decided'
Section 33 of the Charter
Stare decisis
To 'perfect' a lien
Option

15. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Disclaimer
The 4 principles of Equal Pay legislation
Common - mutual and unilateral.

16. Equal pay for males and females doing the same job - Equal pay for substantially similar jobs - Equal pay for jobs of equal value - and Pay equity
Common - mutual and unilateral.
Exceptions to the privity of contract rule
The 2 classes of servants
The 4 principles of Equal Pay legislation

17. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Positive law
Municipal government
Repudiation - sabotage - failure to perform
Intentional torts

18. An agreement by an offeror to leave an offer open for a specified period of time
Non est factum
Option
Summary conviction - Indictable - Hybrid
Mens rea

19. Allows a legislation to override the Charter
Unilateral Contract
Section 33 of the Charter
Legal realism
Bona fide occupational requirement

20. Damages imposed to make an example of the wrongdoer
Quantum merits
The items that should be included in a job description
Exemplary damages
To 'perfect' a lien

21. 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
Absolute liability
Slander and Libel
Equitable estoppel

22. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Types of contracts which must be in writing
To 'perfect' a lien
Theft of services
Negligence Per se

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Types of contracts which must be in writing
4 items that should be included in the job description
Arraignment

24. What are the five stages of a civil action?
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Noncompetition/nonsolicitation clauses
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

25. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Legal realism
Good Samaritan Legislation
Innocent - negligent - fraudulent

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

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27. Discrimination that is actually encouraged in our society
Neighbour principle
Merit
Slander and Libel
Shareholders - board of directors - statutory officers - employees - and creditors

28. Res ipsa loquitur

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29. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Specific deterrence - general deterrence - rehabilitation - protection of the public
Equitable estoppal
Infra hospitium
Types of contracts which must be in writing

30. 5 possible consequences if you default on your mortgage?
Ultra vires
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.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey

31. An agreement by an offeror to leave an offer open for a specified period of time.
Summary conviction - indictable - and hybrid
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
Option
Intentional torts

32. List remedies one would expect when a contract is breached
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The 2 classes of servants
Infra hospitium
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

33. Author of the 1948 Universal Declaration of Human Rights
The 2 classes of servants
Absolute liability
John Humphrey
Parol Evidence Rule

34. Most difficult element of negligence to prove
Sunset Clause
General damages
Gratuitous bailment
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

35. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?

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36. What are three ways a contract is breached?
Non est factum
General damages
Repudiation - sabotage - failure to perform
Discoveries Stage

37. What are the three kinds of misrepresentation?
Contributory negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Summary conviction (minor) - indictable (serious) - hybrid
Innocent - negligent - fraudulent

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Personal and real
Quantum merits
Exceptions to the privity of contract rule
Passing off

39. What does real property include?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Land - buildings - fixtures
The parol evidence rule

40. Latin term for 'It is not my deed
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Non est factum
Floating charge

41. A restriction placed on some aspect of land use.
Legal realism
Uttering
The items that should be included in a job description
Restrictive covenant

42. Spoken and written defamation
Slander and Libel
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
Constitution
Intentional torts

43. Balance of probability needed to win a civil case
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
51% or 52%
Constitution
Breach of contract

44. Legislators - judges - jurors - lawyers - clients and police
Landlord-tenant
98%
Noncompetition/nonsolicitation clauses
Players in the legal system

45. 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
$413 or 55% of the claimant's average insured earnings (whichever is less)
Vicarious Liability
Criminal - Family - Youth - Small claims court
Specific deterrence - general deterrence - rehabilitation - protection of the public

46. 5 reasons for evicting a guest.
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.
Damages that are imposed to punish and to make an example of the offending party
Slander and Libel
Innocent - negligent - fraudulent

47. 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
Sole proprietorship - partnership - and corporations
Quantum merits
Royal prerogatives

48. Promises made without consideration
Price fixing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Actus reus and Mens rea
Gratuitous Promise

49. The plaintiff has been injured upon the result of his own negligence
Innocent - negligent - fraudulent
John Humphrey
Contributory Negligence
The kinds of misrepresentation

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

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