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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. First stage in a criminal court procedure
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Arraignment
Summary conviction - Indictable - Hybrid
Salmonella

2. 3 types of business structures.
Landlord-tenant
Sole proprietorship - partnership - and corporations
Intentional - Unintentional
General - Punitive - Exemplary

3. What are three ways a contract is breached
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Repudiation - Sabotage - Failure to perform
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Easement

4. Three types of offences
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Non delegable duty
Surcharge
Summary conviction - indictable - and hybrid

5. A plaintiff is partly or solely the cause of his or her own injury
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Contributory negligence
Actus reus
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

6. Independent contractors and employees.
Surcharge
Defamation
The 2 classes of servants
Specific deterrence - general deterrence - rehabilitation - protection of the public

7. List 5/6 items employers can expect from their employees
Contributory Negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
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
Fiduciary Duty

8. Damages imposed to make an example of the wrongdoer
Notary
Exemplary damages
By Performance - By Agreement - By Frustration - By Operation of law
Trademark infringement

9. What must be established to substantiate a claim for bailment?
Gratuitous Promise
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
Specific deterrence - general deterrence - rehabilitation - protection of the public
Intentional - Unintentional

10. What are the five stages of a civil action?
General - Punitive - Exemplary
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Bona fide occupational requirement
Invitation to treat

11. Types of Damages
Agent
General - Punitive - Exemplary
Price fixing
Financial disloyalty - falsified qualifications - gross and continuing incompetence

12. Author of the Universal Declaration of Human Rights
Salmonella
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
John Humphrey
Contributory Negligence

13. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Exemplary damages
Passing off
Prima facie
Constitution

14. It is not my deed
Factoring
Arraignment
Non est factum
Summary conviction (minor) - indictable (serious) - hybrid

15. A duty that cannot be given to someone else
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
Non delegable duty
By Performance - By Agreement - By Frustration - By Operation of law

16. Political - religious beliefs - and affiliations
Slander and Libel
Restrictive covenant
Creed
420 to 700 hours depending on the regional unemployment rate

17. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Innocent - negligent - fraudulent
Price fixing
420 to 700 hours depending on the regional unemployment rate

18. Another word for 'reafian'?
Nepotism
Reasonable Person Test
Reiver
Private law

19. Law based on moral - religious or philosophical grounds
Substantive Law
Infra hospitium
Natural Law
Habeas corpus

20. Latin term for 'It is not my deed
Non est factum
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
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Res ipsa loquitar

21. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Section 33 of the Charter
Reasonable Person Test
Noncompetition/nonsolicitation clauses
Mens rea

22. Once a contract is written - it cannot be changed without the consent of both parties
Discoveries Stage
Infra hospitium
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.
Parol Evidence Rule

23. Balance of probability needed to win a civil case
Res ipsa loquitar
51% or 52%
Actus reus and Mens rea
Exemplary damages

24. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Breach of contract
Contributory Negligence
Contributory negligence

25. How contracts can be discharged
Proximate cause of the injury
Positive Law
By Performance - By Agreement - By Frustration - By Operation of law
Passing off

26. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Instances under which an offer lapses
Disclaimer
Lie flat to distribute the force of the impact
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

27. Legislators - judges - jurors - lawyers - clients and police
Easement
Players in the legal system
Duty to mitigate
Instances under which an offer lapses

28. Promises made without consideration
Trademark infringement
Easement
Repudiation - sabotage - failure to perform
Gratuitous Promise

29. 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
Non est factum
The 2 classes of servants
Duty to mitigate

30. The plaintiff has been injured upon the result of his own negligence
Stare decisis
Price fixing
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Contributory Negligence

31. Favoritism granted to relatives or friends regardless of merit
1) in the office - 2) every guestroom - and 3) public rooms (area).
Unilateral Contract
Nepotism
Easement

32. Author of the 1948 Universal Declaration of Human Rights
4 items that should be included in the job description
John Humphrey
Independent contractors - employees
Non delegable duty

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

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34. Guilty mind.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Unconscionable transactions
Mens rea
Defenses to intentional Torts

35. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
John Humphrey
By Performance - By Agreement - By Frustration - By Operation of law

36. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate
The kinds of misrepresentation
Constitution

37. 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
Res ipsa loquitar
Equitable estoppal
Contributory negligence
Vicarious Liability

38. Governor general and lieutenant governors
98%
Personal and real
Defenses to intentional Torts
Royal prerogatives

39. Two types of negligence
Equitable estoppal
Passing off
Intentional - Unintentional
The parol evidence rule

40. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Consideration
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Democratic rights to vote or run for election

41. 'To have the body'
Power of Attorney
Absolute liability
Damages that are imposed to punish and to make an example of the offending party
Habeas corpus

42. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
420 to 700 hours depending on the regional unemployment rate
Trademark infringement
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule

43. Law created by a person or body with authority to enact and enforce it
Sole proprietorship - partnership - and corporations
Natural Law
Infra hospitium
Positive Law

44. 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
Disclaimer
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The 4 principles of Equal Pay legislation
John Humphrey

45. List the 3 subtle signs of intoxication.
Repudiation - sabotage - failure to perform
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Gratuitous Promise
Gratuitous bailment

46. A plaintiff is partly or solely the cause of his or her own injury.
General damages
Instances under which an offer lapses
Consideration
Contributory negligence

47. Latin for guilty act and guilty mind
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.
Price fixing
Actus reus and Mens rea
Trade mark

48. Selling accounts receivable at a discount.
Factoring
Duty to mitigate
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Option

49. Laws duly enacted by a person or body having the authority to enact and enforce them.
General damages
Positive law
To 'perfect' a lien
Summary conviction - indictable - and hybrid

50. Surviving a falling elevator
Arraignment
Repudiation - Sabotage - Failure to perform
Passing off
Lie flat to distribute the force of the impact