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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. Discrimination that is actually encouraged in our society
John Humphrey
Merit
Amortization
420 to 700 hours depending on the regional unemployment rate

2. It is not my deed
Non est factum
Food and Drugs Act
Express deposit
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

3. The period of time required to pay off the principal completely at a set interest rate.
Reasonable Person Test
Amortization
Innocent - negligent - fraudulent
Acts of God - acts of a public enemy - guests' own negligence

4. Spoken and written defamation
Infra hospitium
Acts of God - acts of a public enemy - guests' own negligence
To 'perfect' a lien
Slander and Libel

5. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Vicarious Liability
Duty to mitigate
Reasonable Person Test

6. 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
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Power of attorney
Non est factum

7. Political - religious beliefs - and affiliations
Summary conviction (minor) - indictable (serious) - hybrid
Disclaimer
Reasons a contract may be impeached
Creed

8. When 50 or more employees are laid off within 2 months.
Group termination
The 4 principles of Equal Pay legislation
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Prima facie

9. Res ipsa loquitur

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10. The plaintiff has been injured upon the result of his own negligence
Lie flat to distribute the force of the impact
Contributory Negligence
98%
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

11. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Trade mark
Good Samaritan Legislation
Positive law

12. Regulation - deterrence - compensation - dispute resolution - education and prevention
Positive law
General damages
6 primary purposes of tort law
Unconscionable transactions

13. Three types of offences
Reasons a contract may be impeached
Summary conviction - indictable - and hybrid
The owner
Actus reus

14. The division of law associated with interpersonal matters
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Private law
Summary conviction (minor) - indictable (serious) - hybrid
Power of attorney

15. The publication of a false statement about someone either verbally or in writing which damages their reputation
Mens rea
Defamation
Repudiation - Sabotage - Failure to perform
John Humphrey

16. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Power of Attorney
The 4 principles of Equal Pay legislation
Non est factum
Non delegable duty

17. Within the walls of the inn
Infra hospitium
Summary conviction - Indictable - Hybrid
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Negligence Per se

18. Defaming a business - a product or a property rather than a person.
Food and Drugs Act
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
51% or 52%
Injurious Falsehood

19. The amount he merits
Quantum merits
Prima facie
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Trademark infringement

20. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Non est factum
Contributory negligence
Discoveries Stage
Power of Attorney

21. Food poisoning from hamburger
Duty to mitigate
4 items that should be included in the job description
E. Coli
Infra hospitium

22. Fundamental freedoms in Section 2 of the Charter
Reasonable Person Test
Royal prerogatives
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Trademark infringement

23. Innocent - negligent and fraudulent
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Floating charge
The kinds of misrepresentation
Summary conviction - Indictable - Hybrid

24. 'It stands decided'
Surcharge
Neighbour principle
To 'perfect' a lien
Stare decisis

25. When the police do not need a warrant to search your residence and/or business?
Stare decisis
Vicarious Liability
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Lie flat to distribute the force of the impact

26. Selling accounts receivable at a discount.
Uttering
Factoring
Absolute liability
John Humphrey

27. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Bona fide occupational requirement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Criminal - Family - Youth - Small claims court
Unconscionable transactions

28. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Actus reus and Mens rea
Uttering
Non est factum
Ultra vires

29. First stage in a criminal court procedure
Arraignment
Four purpose of sentencing
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Municipal government

30. How can an employer escape alcohol misuse liability?
Option
Contributory negligence
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.
Restrictive covenant

31. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Intentional - Unintentional
98%
Intentional - Unintentional

32. What are three ways a contract is breached
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Theft of services
Repudiation - Sabotage - Failure to perform
Shareholders - board of directors - statutory officers - employees - and creditors

33. Author of the Universal Declaration of Human Rights in 1948?
Unilateral Contract
John Humphrey
Food and Drugs Act
Equitable estoppel

34. Latin term for 'On the face of it'.
Repudiation - sabotage - failure to perform
Shareholders - board of directors - statutory officers - employees - and creditors
Theft of services
Prima facie

35. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
6 primary purposes of tort law
Constitution
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Stare decisis

36. List 5/6 items employers can expect from their employees
Amortization
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Acts of God - acts of a public enemy - guests' own negligence
Substantive Law

37. A plaintiff is partly or solely the cause of his or her own injury
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Contributory negligence
Passing off
Equitable estoppal

38. Most difficult element of negligence to prove
Specific deterrence - general deterrence - rehabilitation - protection of the public
'The thing speaks for itself'
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
The owner

39. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Constitution
Exemplary damages
Negligence Per se
Non delegable duty

40. Two types of negligence
Intentional - Unintentional
Intentional torts
Types of contracts which must be in writing
Factoring

41. 2 classes of servants.
Proximate cause of the injury
Independent contractors - employees
Merit
Sole proprietorship - partnership - and corporations

42. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Quantum meruit
Fiduciary Duty
Passing off
Substantive Law

43. This person acts on behalf of the principal
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Agent
Legal realism
By Performance - By Agreement - By Frustration - By Operation of law

44. Law based on moral - religious or philosophical grounds
Summary conviction - indictable - and hybrid
Duty to mitigate
To 'perfect' a lien
Natural Law

45. Promises made without consideration
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
John Humphrey
Gratuitous Promise
Express deposit

46. A symbol - word - name or device used to identify or signify a company or its product.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Equitable estoppel
Trade mark
Food and Drugs Act

47. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Notary
Lie flat to distribute the force of the impact
The items that should be included in a job description

48. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Quantum meruit
Instances under which an offer lapses
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Floating charge

49. Balance of probability needed to win a civil case
Exceptions to the privity of contract rule
51% or 52%
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Innocent - negligent - fraudulent

50. Latin for 'the thing speaks for itself'
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.
Res ipsa loquitar
Food and Drugs Act
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice