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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. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Duty to mitigate
Common - mutual and unilateral.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

2. Use of another company's business name or logo without permission.
Express deposit
Sole proprietorship - partnership - and corporations
Fiduciary Duty
Trademark infringement

3. Allows a legislation to override the Charter
Duty to mitigate
Section 33 of the Charter
Intentional - Unintentional
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

4. List 3 ways to finance a new or existing business.
Slander and Libel
Non est factum
Equity financing - debt financing - sale of assets
The 4 principles of Equal Pay legislation

5. Discrimination that is actually encouraged in our society
Option
Non est factum
Proximate cause of the injury
Merit

6. Guilty mind.
Mens rea
Land - buildings - fixtures
Group termination
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

7. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Disclaimer
Notary
General - Punitive - Exemplary

8. When 50 or more employees are laid off within 2 months.
Group termination
Neighbour principle
Contributory negligence
Theft of services

9. Legislators - judges - jurors - lawyers - clients and police
'The thing speaks for itself'
Players in the legal system
Vicarious Liability
By Performance - By Agreement - By Frustration - By Operation of law

10. Amount added on to a usual charge for a specific product - purpose - or service.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional torts
6 primary purposes of tort law
Surcharge

11. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Consideration
Private law
Non est factum

12. Spoken and written defamation
The items that should be included in a job description
Neighbour principle
Slander and Libel
Option

13. What are exemplary damages?
Passing off
Actus reus
Damages that are imposed to punish and to make an example of the offending party
Neighbour principle

14. Surviving a falling elevator
Lie flat to distribute the force of the impact
Surcharge
Negligence
Equitable estoppal

15. Political - religious beliefs - and affiliations
General damages
Creed
Royal prerogatives
Res ipsa loquitar

16. Fundamental freedoms in Section 2 of the Charter
Defamation
Absolute liability
To 'perfect' a lien
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

17. Four methods to prevent potential legal action against your business.
Power of Attorney
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.
Agent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

18. Selling accounts receivable at a discount.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Factoring
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

19. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Group termination
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Duty to mitigate
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

20. The publication of a false statement about someone either verbally or in writing which damages their reputation
The kinds of misrepresentation
Defamation
Land - buildings - fixtures
Power of Attorney

21. Someone who certifies documents - but does not draft documents
Easement
Notary
Democratic rights to vote or run for election
Pleadings - discoveries - pretrial and or mediation - trial - appeals

22. Minimum amount of hours needed to be eligible for EI benefits.
Price fixing
Parol Evidence Rule
Merit
420 to 700 hours depending on the regional unemployment rate

23. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Creed
Restrictive covenant
Open and notorious - unchallenged - exclusive - continuous

24. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Consideration
Theft of services
Duty to mitigate
Reasons a contract may be impeached

25. 5 possible consequences if you default on your mortgage?
51% or 52%
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
Sunset Clause

26. How can an employer escape alcohol misuse liability?
The items that should be included in a job description
Duty to mitigate
Non est factum
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.

27. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Uttering
Negligence Per se
Four purpose of sentencing

28. Defaming a business - a product or a property rather than a person.
Injurious Falsehood
Quantum merits
Equity financing - debt financing - sale of assets
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

29. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Four purpose of sentencing
Passing off
Fiduciary Duty
Types of contracts which must be in writing

30. In a criminal procedure list the 3 types of offenses
Theft of services
The parol evidence rule
Summary conviction (minor) - indictable (serious) - hybrid
Power of Attorney

31. The exchange of benefits; the price a party pays for the promise
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Mens rea
The 4 principles of Equal Pay legislation
Consideration

32. Legal responsibility for the negligence of another person
Vicarious liability
1) in the office - 2) every guestroom - and 3) public rooms (area).
Easement
Group termination

33. 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
E. Coli
Vicarious Liability
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Unconscionable transactions

34. List 5/6 items employers can expect from their employees
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.
Uttering
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

35. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Express deposit
Consideration
Disclaimer

36. Guilty act in Latin.
Contributory negligence
Proximate cause of the injury
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Actus reus

37. Promises made without consideration
Negligent Misrepresentation
51% or 52%
420 to 700 hours depending on the regional unemployment rate
Gratuitous Promise

38. Regulation - deterrence - compensation - dispute resolution - education and prevention
Non est factum
6 primary purposes of tort law
Trade mark
John Humphrey

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
Fiduciary Duty
The 4 principles of Equal Pay legislation
Restrictive covenant
Section 33 of the Charter

40. Two types of negligence
Price fixing
Stare decisis
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Intentional - Unintentional

41. 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
Ultra vires
Land - buildings - fixtures
Power of Attorney
Quantum meruit

42. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Noncompetition/nonsolicitation clauses
Actus reus and Mens rea
The 4 principles of Equal Pay legislation

43. Balance of probability needed to win a civil case
51% or 52%
Group termination
The 2 classes of servants
Non est factum

44. 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.
Duty to mitigate
Fiduciary Duty
General - Punitive - Exemplary
6 primary purposes of tort law

45. Two kinds of negligence
Summary conviction - indictable - and hybrid
Intentional - Unintentional
John Humphrey
Noncompetition/nonsolicitation clauses

46. When the public is misled into believing that one company's goods or services are those a similar brand or product
Price fixing
Amortization
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
Passing off

47. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Intentional torts
Independent contractors - employees
Restrictive covenant

48. Latin term for 'It is not my deed
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Intentional torts
John Humphrey
Non est factum

49. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Defenses to intentional Torts
Exemplary damages
Land - buildings - fixtures

50. Within the walls of the inn
Defamation
General - Punitive - Exemplary
Infra hospitium
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

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