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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. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Fiduciary Duty
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

2. 'Reasonable worth of the good'
Summary conviction (minor) - indictable (serious) - hybrid
Negligence Per se
Food and Drugs Act
Quantum meruit

3. An agreement by an offeror to leave an offer open for a specified period of time
Personal and real
John Humphrey
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

4. An advertisement is an example of this... lets people know that you are ready to accept offers
Habeas corpus
To 'perfect' a lien
Invitation to treat
Reasonable Person Test

5. Balance of probability needed to win a civil case
1) in the office - 2) every guestroom - and 3) public rooms (area).
51% or 52%
Passing off
Uttering

6. Damages imposed to make an example of the wrongdoer
Exemplary damages
Nepotism
Equity financing - debt financing - sale of assets
Negligence Per se

7. What are three ways a contract is breached?
Negligence
Infra hospitium
Repudiation - sabotage - failure to perform
Financial disloyalty - falsified qualifications - gross and continuing incompetence

8. 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
By Performance - By Agreement - By Frustration - By Operation of law
Section 33 of the Charter
Intentional torts
Power of attorney

9. 2 classes of servants.
Independent contractors - employees
John Humphrey
Contributory negligence
Defamation

10. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Breach of contract
Consideration
Surcharge

11. 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
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Ultra vires
Exemplary damages

12. Law is whatever judges say it is...
Summary conviction - indictable - and hybrid
Contributory Negligence
Legal realism
Types of contracts which must be in writing

13. Latin for 'the thing speaks for itself'
Summary conviction - indictable - and hybrid
Res ipsa loquitar
Invitation to treat
Intentional - Unintentional

14. When two or more suppliers conspire to set prices.
Stare decisis
Instances under which an offer lapses
Price fixing
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.

15. Accommodations that are not considered 'inns'.
Vicarious Liability
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Open and notorious - unchallenged - exclusive - continuous
Uttering

16. The division of law associated with interpersonal matters
Salmonella
Private law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium

17. 5 reasons for evicting a guest.
Agent
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.
Fiduciary Duty
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

18. What are some of the conditions for rightful dismissal?
Absolute liability
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Consideration

19. Allows a legislation to override the Charter
98%
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Positive law
Section 33 of the Charter

20. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Discoveries Stage
6 primary purposes of tort law
Uttering
Criminal - Family - Youth - Small claims court

21. The period of time required to pay off the principal completely at a set interest rate.
Fiduciary Duty
Amortization
Infra hospitium
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

22. What are three ways a contract is breached
Reasonable Person Test
Defamation
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform

23. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Ultra vires
Substantive Law
Passing off

24. What are the two types of property?
Personal and real
Damages that are imposed to punish and to make an example of the offending party
Thin Skull Rule
420 to 700 hours depending on the regional unemployment rate

25. Independent contractors and employees.
Municipal government
Exemplary damages
The 2 classes of servants
Price fixing

26. A person who becomes ill but did not pay for the meal can sue the establishment
Types of contracts which must be in writing
Price fixing
Neighbour principle
Easement

27. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Noncompetition/nonsolicitation clauses
Duty to mitigate
Breach of contract
Sole proprietorship - partnership - and corporations

28. Favoritism granted to relatives or friends regardless of merit
The items that should be included in a job description
Price fixing
Nepotism
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

29. Guilty mind.
Creed
Invitation to treat
Unconscionable transactions
Mens rea

30. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Repudiation - Sabotage - Failure to perform
Specific deterrence - general deterrence - rehabilitation - protection of the public
The items that should be included in a job description
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

31. What must be established to substantiate a claim for bailment?
Types of contracts which must be in writing
Disclaimer
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
Consideration

32. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
420 to 700 hours depending on the regional unemployment rate
Damages that are imposed to punish and to make an example of the offending party
Absolute liability
Group termination

33. Legislators - judges - jurors - lawyers - clients and police
Royal prerogatives
Players in the legal system
Neighbour principle
Express deposit

34. Latin term for 'On the face of it'.
Quantum meruit
Negligence
Prima facie
Shareholders - board of directors - statutory officers - employees - and creditors

35. When 50 or more employees are laid off within 2 months.
Positive law
Group termination
Duty to mitigate
4 items that should be included in the job description

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
Ultra vires
Common - mutual and unilateral.
Negligent Misrepresentation
Repudiation - Sabotage - Failure to perform

37. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Private law
Invitation to treat
By Performance - By Agreement - By Frustration - By Operation of law
Noncompetition/nonsolicitation clauses

38. What does real property include?
Arraignment
Land - buildings - fixtures
Infra hospitium
Constitution

39. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
The 2 classes of servants
Exceptions to the privity of contract rule
Unilateral Contract

40. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Restrictive covenant
Quantum meruit
98%

41. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Private law
The kinds of misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

42. The amount he merits
Fiduciary Duty
Quantum merits
Contributory negligence
Intentional - Unintentional

43. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Fiduciary Duty
Independent contractors - employees
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals

44. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
General damages
Reasons a contract may be impeached
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
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

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

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46. Use of another company's business name or logo without permission.
Absolute liability
Agent
Negligent Misrepresentation
Trademark infringement

47. Two types of negligence
Intentional - Unintentional
General damages
Duty to mitigate
Non est factum

48. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Surcharge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Passing off

49. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
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.
Food and Drugs Act
Bona fide occupational requirement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

50. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Contributory negligence
Injurious Falsehood
Slander and Libel