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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. An agreement by an offeror to leave an offer open for a specified period of time.
Common - mutual and unilateral.
Option
Innocent - negligent - fraudulent
Passing off

2. 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
Thin Skull Rule
Neighbour principle
51% or 52%

3. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
The kinds of misrepresentation
Substantive Law
Floating charge
Power of Attorney

4. Notices of statutory provisions limiting liability be posted where?
Non est factum
Negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Innocent - negligent - fraudulent

5. Types of Damages
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.
General - Punitive - Exemplary
Exceptions to the privity of contract rule
Equitable estoppal

6. The exchange of benefits; the price a party pays for the promise
Breach of contract
General damages
Consideration
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

7. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Agent
Factoring
Passing off

8. Another word for 'reafian'?
Absolute liability
Lie flat to distribute the force of the impact
Repudiation - sabotage - failure to perform
Reiver

9. The division of law associated with interpersonal matters
Instances under which an offer lapses
Express deposit
Private law
Discoveries Stage

10. Latin term for 'It is not my deed
Non est factum
Noncompetition/nonsolicitation clauses
Amortization
Land - buildings - fixtures

11. 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
Damages that are imposed to punish and to make an example of the offending party
Group termination
Good Samaritan Legislation
Floating charge

12. Once a contract is written - it cannot be changed without the consent of both parties
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Infra hospitium
E. Coli
Parol Evidence Rule

13. Spoken and written defamation
Breach of contract
Slander and Libel
Repudiation - Sabotage - Failure to perform
Option

14. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
The 2 classes of servants
Mens rea
Shareholders - board of directors - statutory officers - employees - and creditors

15. List 5/6 items employers can expect from their employees
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.
Reasons a contract may be impeached
Injurious Falsehood
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

16. The price a party pays for the promise.
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
Consideration
The items that should be included in a job description
Negligent Misrepresentation

17. Food Poisoning from chicken
Salmonella
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Vicarious Liability

18. Surviving a falling elevator
Summary conviction - Indictable - Hybrid
Lie flat to distribute the force of the impact
Reasons a contract may be impeached
51% or 52%

19. An agreement by an offeror to leave an offer open for a specified period of time
Merit
$413 or 55% of the claimant's average insured earnings (whichever is less)
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Option

20. 'Reasonable worth of the good'
Fiduciary Duty
Legal realism
Good Samaritan Legislation
Quantum meruit

21. A right to use another's land for a specific purpose.
Easement
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Consideration
Group termination

22. Political - religious beliefs - and affiliations
Creed
Defenses to intentional Torts
Agent
Trademark infringement

23. What is the maximum weekly EI benefit?

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24. List the 3 subtle signs of intoxication.
Duty to mitigate
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Merit
Positive Law

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

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26. What are three ways a contract is breached?
4 items that should be included in the job description
Repudiation - sabotage - failure to perform
Bona fide occupational requirement
1) in the office - 2) every guestroom - and 3) public rooms (area).

27. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Repudiation - sabotage - failure to perform
Four purpose of sentencing
John Humphrey
Express deposit

28. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Unconscionable transactions
Municipal government
Common - mutual and unilateral.

29. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
John Humphrey
Intentional torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Constitution

30. 'It stands decided'
Gratuitous bailment
Stare decisis
By Performance - By Agreement - By Frustration - By Operation of law
Repudiation - sabotage - failure to perform

31. 5 reasons for evicting a guest.
Consideration
Absolute liability
Four purpose of sentencing
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.

32. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Types of contracts which must be in writing
Negligence Per se
Breach of contract
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

33. Law is whatever judges say it is...
Equitable estoppal
Price fixing
Legal realism
Consideration

34. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Democratic rights to vote or run for election
Repudiation - Sabotage - Failure to perform
Non est factum

35. Who owns mislaid property?
Open and notorious - unchallenged - exclusive - continuous
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The owner
Fiduciary Duty

36. Law based on moral - religious or philosophical grounds
Instances under which an offer lapses
Reasons a contract may be impeached
John Humphrey
Natural Law

37. 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?
Open and notorious - unchallenged - exclusive - continuous
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Defamation
Breach of contract

38. Author of the Universal Declaration of Human Rights in 1948?
John Humphrey
Equity financing - debt financing - sale of assets
Players in the legal system
Defenses to intentional Torts

39. What would a careful - thoughtful person in the same circumstances have done
Creed
Reasonable Person Test
Contributory negligence
Consideration

40. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Personal and real
Players in the legal system
6 primary purposes of tort law
Sunset Clause

41. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
Defamation
Reiver
Infra hospitium

42. A plaintiff is partly or solely the cause of his or her own injury
51% or 52%
1) in the office - 2) every guestroom - and 3) public rooms (area).
Contributory negligence
Repudiation - Sabotage - Failure to perform

43. First stage in a criminal court procedure
Duty to mitigate
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Floating charge
Arraignment

44. The most difficult element of negligence to prove
Democratic rights to vote or run for election
Proximate cause of the injury
Section 33 of the Charter
To 'perfect' a lien

45. This relationship exists when one person has the power to affect another person's property or legal interests
51% or 52%
Fiduciary Duty
Shareholders - board of directors - statutory officers - employees - and creditors
Common - mutual and unilateral.

46. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
Passing off
Lie flat to distribute the force of the impact
Summary conviction - Indictable - Hybrid

47. 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
Repudiation - Sabotage - Failure to perform
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppal
Ultra vires

48. A promise for an action
Surcharge
Parol Evidence Rule
Private law
Unilateral Contract

49. Legal responsibility for the negligence of another person
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Vicarious liability
Equity financing - debt financing - sale of assets
Disclaimer

50. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
Parol Evidence Rule
Agent
Quantum meruit