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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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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. Allows a legislation to override the Charter
Sole proprietorship - partnership - and corporations
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter
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

2. Division of Lower Provincial Courts
Price fixing
The owner
Criminal - Family - Youth - Small claims court
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

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

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4. First stage in a criminal court procedure
Exemplary damages
Arraignment
Express deposit
Contributory negligence

5. Balance of probability needed to win a civil case
98%
Passing off
Express deposit
51% or 52%

6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Types of contracts which must be in writing
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Mens rea

7. Favoritism granted to relatives or friends regardless of merit
John Humphrey
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Nepotism
Res ipsa loquitar

8. A promise for an action
The items that should be included in a job description
Option
Criminal - Family - Youth - Small claims court
Unilateral Contract

9. Discrimination that is actually encouraged in our society
Merit
Consideration
Exemplary damages
Democratic rights to vote or run for election

10. What are three ways a contract is breached?
Theft of services
Repudiation - sabotage - failure to perform
Common - mutual and unilateral.
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.

11. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Summary conviction - Indictable - Hybrid
Unilateral Contract
Negligence Per se
Neighbour principle

12. Three types of intangibles
Trade mark
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Private law
The parol evidence rule

13. The division of law associated with interpersonal matters
Defenses to intentional Torts
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Private law
Invitation to treat

14. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Consideration
Proximate cause of the injury
Trade mark

15. 2 classes of servants.
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
Reiver
Price fixing
Independent contractors - employees

16. Conditions for rightful dismissal.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Quantum merits
Salmonella

17. 'Reasonable worth of the good'
Innocent - negligent - fraudulent
Quantum meruit
Res ipsa loquitar
Duty to mitigate

18. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
6 primary purposes of tort law
Exceptions to the privity of contract rule
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

19. Latin for guilty act and guilty mind
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Absolute liability
98%
Actus reus and Mens rea

20. The exchange of benefits; the price a party pays for the promise
Trade mark
Natural Law
Absolute liability
Consideration

21. List the 3 subtle signs of intoxication.
Express deposit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Personal and real
The owner

22. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Restrictive covenant
Option
Private law

23. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Passing off
Absolute liability
Private law
Contributory Negligence

24. Stages of a civil action
$413 or 55% of the claimant's average insured earnings (whichever is less)
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

25. Latin for 'the thing speaks for itself'
Good Samaritan Legislation
Fiduciary Duty
Res ipsa loquitar
Prima facie

26. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Food and Drugs Act
1) in the office - 2) every guestroom - and 3) public rooms (area).
Absolute liability

27. When two or more suppliers conspire to set prices.
The owner
Agent
Power of attorney
Price fixing

28. An advertisement is an example of this... lets people know that you are ready to accept offers
Easement
Invitation to treat
Creed
Trademark infringement

29. Legislators - judges - jurors - lawyers - clients and police
Lie flat to distribute the force of the impact
Players in the legal system
Absolute liability
Private law

30. Bailment for the sole benefit of the bailor.
Gratuitous bailment
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.
Injurious Falsehood
Municipal government

31. This relationship exists when one person has the power to affect another person's property or legal interests
Infra hospitium
Fiduciary Duty
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
The owner

32. Latin term for 'It is not my deed
Natural Law
Non est factum
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Contributory Negligence

33. Under contract law - list the three types of mistake the law recognizes.
Proximate cause of the injury
Common - mutual and unilateral.
Landlord-tenant
Passing off

34. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Nepotism
Noncompetition/nonsolicitation clauses
Defenses to intentional Torts
Stare decisis

35. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Actus reus and Mens rea
Power of Attorney
To 'perfect' a lien
Consideration

36. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Passing off
Stare decisis
E. Coli

37. Author of the Universal Declaration of Human Rights
John Humphrey
Repudiation - sabotage - failure to perform
The 4 principles of Equal Pay legislation
Creed

38. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Positive law
Express deposit
Nepotism
The items that should be included in a job description

39. Most difficult element of negligence to prove
Independent contractors - employees
The items that should be included in a job description
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
98%

40. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Unconscionable transactions

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
1) in the office - 2) every guestroom - and 3) public rooms (area).
Open and notorious - unchallenged - exclusive - continuous
Ultra vires
Group termination

42. A duty that cannot be given to someone else
Disclaimer
The owner
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Non delegable duty

43. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Private law
Damages that are imposed to punish and to make an example of the offending party
Exceptions to the privity of contract rule
Instances under which an offer lapses

44. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equity financing - debt financing - sale of assets
Equitable estoppal
Exemplary damages
Four purpose of sentencing

45. The period of time required to pay off the principal completely at a set interest rate.
51% or 52%
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Amortization
Mens rea

46. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Positive Law
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
Sunset Clause
Slander and Libel

47. Spoken and written defamation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Restrictive covenant
Slander and Libel
E. Coli

48. An agreement by an offeror to leave an offer open for a specified period of time.
Common - mutual and unilateral.
Royal prerogatives
Independent contractors - employees
Option

49. Amount added on to a usual charge for a specific product - purpose - or service.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Option
Surcharge

50. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Restrictive covenant
Discoveries Stage
1) in the office - 2) every guestroom - and 3) public rooms (area).
Quantum meruit