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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. Guilty act in Latin.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Negligence Per se
Royal prerogatives
Actus reus

2. what are the four purposes of sentencing?
Duty to mitigate
The 4 principles of Equal Pay legislation
General - Punitive - Exemplary
Specific deterrence - general deterrence - rehabilitation - protection of the public

3. What does real property include?
Constitution
Land - buildings - fixtures
Intentional - Unintentional
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

4. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Municipal government
Financial disloyalty - falsified qualifications - gross and continuing incompetence
420 to 700 hours depending on the regional unemployment rate
Instances under which an offer lapses

5. 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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Res ipsa loquitar
Negligent Misrepresentation

6. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Trade mark
General damages
Negligence
Legal realism

7. In a criminal procedure list the 3 types of offenses
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Agent
Summary conviction (minor) - indictable (serious) - hybrid
Four purpose of sentencing

8. Use of another company's business name or logo without permission.
Passing off
Trademark infringement
Democratic rights to vote or run for election
Exceptions to the privity of contract rule

9. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Floating charge
Players in the legal system
Vicarious liability
Power of Attorney

10. The amount he merits
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Equity financing - debt financing - sale of assets
Summary conviction - Indictable - Hybrid
Quantum merits

11. What are the 3 ways employment can be terminated?
Power of Attorney
Negligent Misrepresentation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Good Samaritan Legislation

12. Legislators - judges - jurors - lawyers - clients and police
Ultra vires
Duty to mitigate
Unconscionable transactions
Players in the legal system

13. What are the three exceptions to the common law absolute liability rule.

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14. 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?
Good Samaritan Legislation
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
Breach of contract
Group termination

15. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Group termination
Duty to mitigate
Players in the legal system
Intentional - Unintentional

16. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
98%
Exceptions to the privity of contract rule
Non delegable duty
Intentional - Unintentional

17. Most difficult element of negligence to prove
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Fiduciary Duty
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
1) in the office - 2) every guestroom - and 3) public rooms (area).

18. The exchange of benefits; the price a party pays for the promise
Consideration
Quantum meruit
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury

19. Two kinds of negligence
Creed
Sole proprietorship - partnership - and corporations
Intentional - Unintentional
The owner

20. A plaintiff is partly or solely the cause of his or her own injury
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
Contributory negligence
Food and Drugs Act
The 4 principles of Equal Pay legislation

21. Food Poisoning from chicken
Salmonella
Reasonable Person Test
Intentional - Unintentional
Invitation to treat

22. Regulation - deterrence - compensation - dispute resolution - education and prevention
Unconscionable transactions
6 primary purposes of tort law
Arraignment
Exemplary damages

23. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proximate cause of the injury
Infra hospitium
Acts of God - acts of a public enemy - guests' own negligence

24. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Unconscionable transactions
Restrictive covenant
Landlord-tenant
51% or 52%

25. Who owns mislaid property?
The owner
Negligent Misrepresentation
Prima facie
Disclaimer

26. Types of Damages
420 to 700 hours depending on the regional unemployment rate
General - Punitive - Exemplary
Theft of services
Ultra vires

27. Four methods to prevent potential legal action against your business.
Express deposit
Parol Evidence Rule
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Vicarious liability

28. Allows a legislation to override the Charter
Section 33 of the Charter
Arraignment
Royal prerogatives
Reasons a contract may be impeached

29. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Ultra vires
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
Unconscionable transactions

30. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Bona fide occupational requirement
Fiduciary Duty
Contributory negligence

31. 5 reasons for evicting a guest.
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.
Breach of contract
Democratic rights to vote or run for election
Res ipsa loquitar

32. The publication of a false statement about someone either verbally or in writing which damages their reputation
Defamation
Summary conviction - Indictable - Hybrid
Duty to mitigate
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

33. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Trademark infringement
Option
Exemplary damages

34. What are the two types of property?
Mens rea
Quantum merits
Personal and real
Players in the legal system

35. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Thin Skull Rule
Innocent - negligent - fraudulent
Municipal government
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

36. Promises made without consideration
Gratuitous Promise
Bona fide occupational requirement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Democratic rights to vote or run for election

37. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Power of attorney
Common - mutual and unilateral.
Constitution
General damages

38. Minimum amount of hours needed to be eligible for EI benefits.
Intentional - Unintentional
420 to 700 hours depending on the regional unemployment rate
Consideration
Discoveries Stage

39. 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
$413 or 55% of the claimant's average insured earnings (whichever is less)
The 4 principles of Equal Pay legislation
Agent
Equity financing - debt financing - sale of assets

40. The plaintiff has been injured upon the result of his own negligence
Open and notorious - unchallenged - exclusive - continuous
E. Coli
Contributory Negligence
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

41. A person who becomes ill but did not pay for the meal can sue the establishment
Equitable estoppel
Neighbour principle
Infra hospitium
$413 or 55% of the claimant's average insured earnings (whichever is less)

42. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Actus reus
Floating charge
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

43. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Notary
Sunset Clause
Discoveries Stage
Absolute liability

44. 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
Injurious Falsehood
Fiduciary Duty
Personal and real
Power of attorney

45. The most difficult element of negligence to prove
Proximate cause of the injury
Exemplary damages
Vicarious Liability
General damages

46. Discrimination that is actually encouraged in our society
Surcharge
Merit
Option
Consideration

47. 'Reasonable worth of the good'
98%
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Quantum meruit
Non est factum

48. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Exemplary damages
Contributory negligence
Defenses to intentional Torts

49. When the police do not need a warrant to search your residence and/or business?
6 primary purposes of tort law
Arraignment
Independent contractors - employees
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

50. Surviving a falling elevator
Surcharge
Lie flat to distribute the force of the impact
General damages
Financial disloyalty - falsified qualifications - gross and continuing incompetence.