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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. 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
Good Samaritan Legislation
Innocent - negligent - fraudulent
Intentional torts
Power of attorney

2. 'It stands decided'
Quantum meruit
98%
Stare decisis
Fiduciary Duty

3. Damages imposed to make an example of the wrongdoer
Exemplary damages
Intentional - Unintentional
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) in the office - 2) every guestroom - and 3) public rooms (area).

4. Once a contract is written - it cannot be changed without the consent of both parties
Equitable estoppal
Municipal government
Parol Evidence Rule
Contributory Negligence

5. Someone who certifies documents - but does not draft documents
Notary
The items that should be included in a job description
Infra hospitium
Stare decisis

6. Circumstances in which the authorities do not need a warrant to search your premises
Summary conviction (minor) - indictable (serious) - hybrid
Exceptions to the privity of contract rule
Passing off
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

7. When 50 or more employees are laid off within 2 months.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Instances under which an offer lapses
Group termination
Duty to mitigate

8. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Innocent - negligent - fraudulent
Substantive Law
Consideration

9. 5 reasons for evicting a guest.
Consideration
Theft of services
Noncompetition/nonsolicitation clauses
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.

10. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Municipal government
Equitable estoppel
Duty to mitigate
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

11. Who owns mislaid property?
The owner
Good Samaritan Legislation
Private law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

12. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Infra hospitium
Land - buildings - fixtures
Discoveries Stage

13. What are the 3 types of bailment?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Agent

14. What are the three kinds of misrepresentation?
Summary conviction - indictable - and hybrid
4 items that should be included in the job description
Innocent - negligent - fraudulent
Contributory negligence

15. Use of another company's business name or logo without permission.
Land - buildings - fixtures
Notary
The kinds of misrepresentation
Trademark infringement

16. What does BFOR stand for?
Mens rea
E. Coli
Slander and Libel
Bona fide occupational requirement

17. Four methods to prevent potential legal action against your business.
Innocent - negligent - fraudulent
4 items that should be included in the job description
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
6 primary purposes of tort law

18. Beyond a reasonable doubt is what probability
Invitation to treat
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.
Prima facie
98%

19. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
Natural Law
Good Samaritan Legislation
Intentional torts

20. Spoken and written defamation
Sole proprietorship - partnership - and corporations
Specific deterrence - general deterrence - rehabilitation - protection of the public
Slander and Libel
Consideration

21. 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
Repudiation - Sabotage - Failure to perform
Agent
Vicarious Liability
Slander and Libel

22. Legal responsibility for the negligence of another person
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
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Bona fide occupational requirement
Vicarious liability

23. 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.
Consideration
Thin Skull Rule
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
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

24. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Creed
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Parol Evidence Rule

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

26. Independent contractors and employees.
Res ipsa loquitar
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Amortization
The 2 classes of servants

27. What is the maximum weekly EI benefit?

28. The division of law associated with interpersonal matters
Repudiation - sabotage - failure to perform
Private law
Fiduciary Duty
Substantive Law

29. When two or more suppliers conspire to set prices.
Slander and Libel
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Price fixing

30. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Gratuitous bailment
Passing off
Private law

31. Types of Damages
John Humphrey
General - Punitive - Exemplary
Habeas corpus
Actus reus and Mens rea

32. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Equitable estoppal
Summary conviction - Indictable - Hybrid
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.
Express deposit

33. Law based on moral - religious or philosophical grounds
Vicarious liability
$413 or 55% of the claimant's average insured earnings (whichever is less)
Four purpose of sentencing
Natural Law

34. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Substantive Law
'The thing speaks for itself'
Summary conviction - indictable - and hybrid

35. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Innocent - negligent - fraudulent
Constitution
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Section 33 of the Charter

36. 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
Negligent Misrepresentation
Infra hospitium
To 'perfect' a lien
Uttering

37. What does real property include?
Land - buildings - fixtures
Lie flat to distribute the force of the impact
Contributory Negligence
Non est factum

38. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Summary conviction - indictable - and hybrid
The 4 principles of Equal Pay legislation
Habeas corpus

39. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Private law
Infra hospitium

40. Two kinds of negligence
Intentional - Unintentional
Negligent Misrepresentation
Express deposit
Merit

41. A duty that cannot be given to someone else
Defenses to intentional Torts
Non delegable duty
Bona fide occupational requirement
Pleadings - discoveries - pretrial and or mediation - trial - appeals

42. 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
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Ultra vires
The items that should be included in a job description
Consideration

43. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Fiduciary Duty
Infra hospitium
Option

44. It is not my deed
Vicarious liability
Non est factum
Infra hospitium
Reasonable Person Test

45. Latin term for within or on the premises of the inn (extension of the inn).
Royal prerogatives
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Consideration

46. Conditions for rightful dismissal.
Breach of contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Unconscionable transactions
Neighbour principle

47. Innocent - negligent and fraudulent
Negligence Per se
Personal and real
The kinds of misrepresentation
Discoveries Stage

48. Guilty act in Latin.
Food and Drugs Act
Exemplary damages
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Actus reus

49. Three types of offences
Defenses to intentional Torts
Noncompetition/nonsolicitation clauses
Summary conviction - indictable - and hybrid
John Humphrey

50. Author of the Universal Declaration of Human Rights in 1948?
Contributory negligence
John Humphrey
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
By Performance - By Agreement - By Frustration - By Operation of law