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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. Spoken and written defamation
Prima facie
Types of contracts which must be in writing
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Slander and Libel

2. 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
Negligent Misrepresentation
Passing off
Vicarious Liability
Exceptions to the privity of contract rule

3. This relationship exists when one person has the power to affect another person's property or legal interests
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Group termination
Fiduciary Duty
Actus reus

4. When the police do not need a warrant to search your residence and/or business?
Quantum merits
Invitation to treat
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

5. What is the maximum weekly EI benefit?

6. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Ultra vires
Mens rea
Nepotism

7. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Common - mutual and unilateral.
The parol evidence rule

8. What must be established to substantiate a claim for bailment?
The kinds of misrepresentation
Innocent - negligent - fraudulent
Passing off
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

9. Most difficult element of negligence to prove
Option
Habeas corpus
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Trade mark

10. What are the three kinds of misrepresentation?
Power of attorney
Innocent - negligent - fraudulent
The kinds of misrepresentation
98%

11. 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
Parol Evidence Rule
Common - mutual and unilateral.
Shareholders - board of directors - statutory officers - employees - and creditors

12. When two or more suppliers conspire to set prices.
Price fixing
Passing off
Good Samaritan Legislation
Habeas corpus

13. 3 types of offenses in a criminal procedure
Intentional - Unintentional
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Equity financing - debt financing - sale of assets
Summary conviction - Indictable - Hybrid

14. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Merit
Option
Common - mutual and unilateral.

15. How can an employer escape alcohol misuse liability?
Actus reus and Mens rea
Noncompetition/nonsolicitation clauses
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.
Neighbour principle

16. The most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Negligent Misrepresentation
Proximate cause of the injury
John Humphrey

17. 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
420 to 700 hours depending on the regional unemployment rate
Salmonella
The 4 principles of Equal Pay legislation
Creed

18. 5 possible consequences if you default on your mortgage?
Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Thin Skull Rule

19. 'To have the body'
Habeas corpus
Four purpose of sentencing
Exceptions to the privity of contract rule
Group termination

20. An advertisement is an example of this... lets people know that you are ready to accept offers
Unconscionable transactions
Invitation to treat
Parol Evidence Rule
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

21. Once a contract is written - it cannot be changed without the consent of both parties
Uttering
Positive law
Parol Evidence Rule
To 'perfect' a lien

22. 3 types of business structures.
Price fixing
Land - buildings - fixtures
Sole proprietorship - partnership - and corporations
Amortization

23. A duty that cannot be given to someone else
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non delegable duty
Landlord-tenant
Common - mutual and unilateral.

24. In a criminal procedure list the 3 types of offenses
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
E. Coli
Municipal government
Summary conviction (minor) - indictable (serious) - hybrid

25. When 50 or more employees are laid off within 2 months.
The parol evidence rule
Bona fide occupational requirement
The 4 principles of Equal Pay legislation
Group termination

26. Latin for 'the thing speaks for itself'
Unilateral Contract
Food and Drugs Act
Res ipsa loquitar
Summary conviction - indictable - and hybrid

27. Two types of negligence
Intentional - Unintentional
Instances under which an offer lapses
Positive law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

28. What are exemplary damages?
Option
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party
Amortization

29. Another word for 'reafian'?
51% or 52%
Landlord-tenant
Personal and real
Reiver

30. Latin for guilty act and guilty mind
Four purpose of sentencing
Contributory Negligence
Actus reus and Mens rea
Financial disloyalty - falsified qualifications - gross and continuing incompetence

31. 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
Fiduciary Duty
Slander and Libel
Contributory Negligence
Good Samaritan Legislation

32. Use of another company's business name or logo without permission.
Factoring
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Trademark infringement
Criminal - Family - Youth - Small claims court

33. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Contributory negligence
The parol evidence rule
Sunset Clause

34. Two kinds of negligence
Fiduciary Duty
Intentional - Unintentional
Types of contracts which must be in writing
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

35. The exchange of benefits; the price a party pays for the promise
Consideration
Gratuitous Promise
Mens rea
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

36. A plaintiff is partly or solely the cause of his or her own injury.
Contributory negligence
Gratuitous bailment
Intentional - Unintentional
Floating charge

37. Balance of probability needed to win a civil case
51% or 52%
Thin Skull Rule
Agent
Stare decisis

38. Author of the 1948 Universal Declaration of Human Rights
Habeas corpus
Contributory negligence
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.
John Humphrey

39. The plaintiff has been injured upon the result of his own negligence
Actus reus and Mens rea
Contributory Negligence
420 to 700 hours depending on the regional unemployment rate
Floating charge

40. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
4 items that should be included in the job description
To 'perfect' a lien
Types of contracts which must be in writing

41. What are the 3 types of bailment?
Sole proprietorship - partnership - and corporations
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
'The thing speaks for itself'

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

43. Law created by a person or body with authority to enact and enforce it
Positive Law
4 items that should be included in the job description
6 primary purposes of tort law
Defenses to intentional Torts

44. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Habeas corpus
Duty to mitigate
Shareholders - board of directors - statutory officers - employees - and creditors
John Humphrey

45. An agreement by an offeror to leave an offer open for a specified period of time.
Creed
Open and notorious - unchallenged - exclusive - continuous
Constitution
Option

46. Latin term for within or on the premises of the inn (extension of the inn).
Natural Law
Ultra vires
Gratuitous Promise
Infra hospitium

47. A right to use another's land for a specific purpose.
Uttering
Easement
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Trade mark

48. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Group termination
Trademark infringement
Repudiation - sabotage - failure to perform
Equitable estoppal

49. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Amortization
Group termination

50. Promises made without consideration
Gratuitous Promise
Instances under which an offer lapses
Criminal - Family - Youth - Small claims court
Intentional torts