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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. Promises made without consideration
Gratuitous Promise
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Reiver

2. Damages are awarded to compensate the injured party
Power of attorney
Reasonable Person Test
General damages
Lie flat to distribute the force of the impact

3. Once a contract is written - it cannot be changed without the consent of both parties
Passing off
Parol Evidence Rule
Discoveries Stage
Non delegable duty

4. What does BFOR stand for?
Vicarious Liability
Repudiation - sabotage - failure to perform
Consideration
Bona fide occupational requirement

5. Division of law that defines rights and remedies
420 to 700 hours depending on the regional unemployment rate
Substantive Law
The 4 principles of Equal Pay legislation
Democratic rights to vote or run for election

6. Alcohol misuse under the Liquor License Act
John Humphrey
Habeas corpus
Unilateral Contract
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

7. Types of Damages
General - Punitive - Exemplary
Notary
Amortization
Slander and Libel

8. What would a careful - thoughtful person in the same circumstances have done
Neighbour principle
98%
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Reasonable Person Test

9. When the police do not need a warrant to search your residence and/or business?
Contributory negligence
Reasonable Person Test
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Contributory negligence

10. This person acts on behalf of the principal
Exemplary damages
Section 33 of the Charter
Agent
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

11. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Slander and Libel
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
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.

12. Minimum amount of hours needed to be eligible for EI benefits.
The kinds of misrepresentation
Municipal government
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
420 to 700 hours depending on the regional unemployment rate

13. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Sunset Clause
Salmonella
Royal prerogatives

14. An advertisement is an example of this... lets people know that you are ready to accept offers
Notary
Invitation to treat
Quantum meruit
Non est factum

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

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16. A promise for an action
Unilateral Contract
Restrictive covenant
Duty to mitigate
Power of Attorney

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

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18. Laws duly enacted by a person or body having the authority to enact and enforce them.
Unilateral Contract
Positive law
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Land - buildings - fixtures

19. 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
To 'perfect' a lien
Ultra vires
Personal and real
Trademark infringement

20. 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.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Thin Skull Rule
Fiduciary Duty

21. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
To 'perfect' a lien
Lie flat to distribute the force of the impact
Sole proprietorship - partnership - and corporations

22. Two types of negligence
Prima facie
The items that should be included in a job description
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional - Unintentional

23. Circumstances in which the authorities do not need a warrant to search your premises
Substantive Law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Fiduciary Duty
Contributory negligence

24. Most difficult element of negligence to prove
Gratuitous Promise
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Fiduciary Duty

25. First stage in a criminal court procedure
To 'perfect' a lien
John Humphrey
Arraignment
Innocent - negligent - fraudulent

26. Three types of intangibles
Agent
Good Samaritan Legislation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Reasons a contract may be impeached

27. 3 types of business structures.
Non est factum
Summary conviction - Indictable - Hybrid
Infra hospitium
Sole proprietorship - partnership - and corporations

28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Non est factum
Private law
Price fixing

29. 'It stands decided'
Constitution
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Stare decisis
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

30. Division of Lower Provincial Courts
Independent contractors - employees
Criminal - Family - Youth - Small claims court
E. Coli
Easement

31. The most difficult element of negligence to prove
Landlord-tenant
Express deposit
Proximate cause of the injury
1) in the office - 2) every guestroom - and 3) public rooms (area).

32. A plaintiff is partly or solely the cause of his or her own injury
Gratuitous Promise
Vicarious Liability
Contributory negligence
Damages that are imposed to punish and to make an example of the offending party

33. 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
Breach of contract
Actus reus and Mens rea
Quantum merits

34. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Discoveries Stage
Floating charge
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Uttering

35. Three types of offences
John Humphrey
Vicarious liability
Summary conviction - indictable - and hybrid
Gratuitous Promise

36. What are the two types of property?
Injurious Falsehood
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Constitution
Personal and real

37. The level of government in charge of bylaws
Breach of contract
Option
Municipal government
Option

38. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Democratic rights to vote or run for election
Discoveries Stage
Exceptions to the privity of contract rule
Breach of contract

39. 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
Power of attorney
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
By Performance - By Agreement - By Frustration - By Operation of law
Personal and real

40. Author of the Universal Declaration of Human Rights in 1948?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
John Humphrey
Mens rea
Shareholders - board of directors - statutory officers - employees - and creditors

41. What are the three kinds of misrepresentation?
Ultra vires
Innocent - negligent - fraudulent
Absolute liability
Gratuitous Promise

42. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Equity financing - debt financing - sale of assets
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Easement

43. Food poisoning from hamburger
E. Coli
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Factoring

44. Res ipsa loquitur

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45. Latin for 'the thing speaks for itself'
Types of contracts which must be in writing
Res ipsa loquitar
Slander and Libel
Equitable estoppal

46. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Repudiation - Sabotage - Failure to perform
Absolute liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals

47. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Negligence Per se
Negligent Misrepresentation
Players in the legal system
John Humphrey

48. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
1) in the office - 2) every guestroom - and 3) public rooms (area).
Theft of services
Infra hospitium

49. Food Poisoning from chicken
Creed
Exceptions to the privity of contract rule
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
Salmonella

50. How contracts can be discharged
Slander and Libel
Natural Law
Criminal - Family - Youth - Small claims court
By Performance - By Agreement - By Frustration - By Operation of law