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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?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Thin Skull Rule
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Reiver

2. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Gratuitous bailment
Equitable estoppal
Damages that are imposed to punish and to make an example of the offending party

3. 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
Vicarious Liability
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Duty to mitigate

4. Latin for guilty act and guilty mind
4 items that should be included in the job description
Nepotism
Noncompetition/nonsolicitation clauses
Actus reus and Mens rea

5. Independent contractors and employees.
The 2 classes of servants
$413 or 55% of the claimant's average insured earnings (whichever is less)
Royal prerogatives
Power of Attorney

6. Latin for 'the thing speaks for itself'
Disclaimer
Res ipsa loquitar
Reasonable Person Test
Legal realism

7. Latin term for 'On the face of it'.
Criminal - Family - Youth - Small claims court
Prima facie
Habeas corpus
Factoring

8. What are some of the conditions for rightful dismissal?
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Quantum merits
1) in the office - 2) every guestroom - and 3) public rooms (area).

9. Political - religious beliefs - and affiliations
Creed
Negligent Misrepresentation
Positive law
Good Samaritan Legislation

10. 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
Landlord-tenant
Substantive Law
Defamation
Negligent Misrepresentation

11. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
The 4 principles of Equal Pay legislation
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Trademark infringement
Food and Drugs Act

12. Amount added on to a usual charge for a specific product - purpose - or service.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Innocent - negligent - fraudulent
Surcharge
420 to 700 hours depending on the regional unemployment rate

13. 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.
Equitable estoppel
Royal prerogatives
Agent
Injurious Falsehood

14. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Exceptions to the privity of contract rule
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
Duty to mitigate
John Humphrey

15. Promises made without consideration
Salmonella
Option
Absolute liability
Gratuitous Promise

16. Once a contract is written - it cannot be changed without the consent of both parties
Quantum merits
Good Samaritan Legislation
Parol Evidence Rule
Democratic rights to vote or run for election

17. What are the five stages of a civil action?
Notary
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Food and Drugs Act
Ultra vires

18. What must be established to substantiate a claim for bailment?
Repudiation - sabotage - failure to perform
John Humphrey
Fiduciary Duty
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

19. Notices of statutory provisions limiting liability be posted where?
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Option
Criminal - Family - Youth - Small claims court
1) in the office - 2) every guestroom - and 3) public rooms (area).

20. Law based on moral - religious or philosophical grounds
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
Price fixing
Arraignment
Natural Law

21. Law is whatever judges say it is...
Legal realism
Res ipsa loquitar
Notary
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

22. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Landlord-tenant
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Power of Attorney
420 to 700 hours depending on the regional unemployment rate

23. What are the two types of property?
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Municipal government
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Personal and real

24. list 4 elements of bailment
Negligence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Private law
Thin Skull Rule

25. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Open and notorious - unchallenged - exclusive - continuous
Actus reus
E. Coli

26. Innocent - negligent and fraudulent
Sunset Clause
Duty to mitigate
The kinds of misrepresentation
Substantive Law

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

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28. 2 classes of servants.
Amortization
Independent contractors - employees
Food and Drugs Act
Consideration

29. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Exemplary damages
Actus reus and Mens rea
Arraignment

30. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Private law
Section 33 of the Charter
51% or 52%
Absolute liability

31. 'Reasonable worth of the good'
Quantum meruit
420 to 700 hours depending on the regional unemployment rate
Land - buildings - fixtures
Option

32. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Habeas corpus
The 2 classes of servants
98%
Passing off

33. Author of the Universal Declaration of Human Rights
Slander and Libel
Vicarious Liability
Legal realism
John Humphrey

34. Another word for 'reafian'?
Reiver
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Land - buildings - fixtures
Gratuitous bailment

35. What is the maximum weekly EI benefit?

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36. Use of another company's business name or logo without permission.
The kinds of misrepresentation
Trademark infringement
Power of Attorney
Landlord-tenant

37. 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
Contributory Negligence
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Land - buildings - fixtures
Good Samaritan Legislation

38. Three types of intangibles
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Negligence
Habeas corpus
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

39. This person acts on behalf of the principal
Invitation to treat
Passing off
Agent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

40. Under contract law - list the three types of mistake the law recognizes.
Injurious Falsehood
Common - mutual and unilateral.
Floating charge
Mens rea

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

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42. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Price fixing
Stare decisis
Sunset Clause
Innocent - negligent - fraudulent

43. Who owns mislaid property?
The owner
Constitution
Actus reus
Bona fide occupational requirement

44. Division of Lower Provincial Courts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Personal and real
Criminal - Family - Youth - Small claims court
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

45. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Gratuitous Promise
Infra hospitium
Theft of services

46. The price a party pays for the promise.
Reasons a contract may be impeached
Theft of services
Consideration
Surcharge

47. List the 3 subtle signs of intoxication.
Exemplary damages
Food and Drugs Act
Trademark infringement
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

48. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Consideration
Players in the legal system
Merit

49. In a criminal procedure list the 3 types of offenses
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Democratic rights to vote or run for election
Summary conviction (minor) - indictable (serious) - hybrid
6 primary purposes of tort law

50. A right to use another's land for a specific purpose.
6 primary purposes of tort law
Invitation to treat
Easement
Merit