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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. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Ultra vires
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Unconscionable transactions

2. Laws duly enacted by a person or body having the authority to enact and enforce them.
Non est factum
Habeas corpus
Equitable estoppel
Positive law

3. 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
Vicarious Liability
Infra hospitium
Section 33 of the Charter
Theft of services

4. List 5/6 items employers can expect from their employees
The 4 principles of Equal Pay legislation
Exemplary damages
51% or 52%
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

5. Types of Damages
Ultra vires
General - Punitive - Exemplary
Independent contractors - employees
Proximate cause of the injury

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

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7. 'It stands decided'
Players in the legal system
Option
Summary conviction (minor) - indictable (serious) - hybrid
Stare decisis

8. Allows a legislation to override the Charter
Reasons a contract may be impeached
Section 33 of the Charter
By Performance - By Agreement - By Frustration - By Operation of law
Natural Law

9. Promises made without consideration
Gratuitous Promise
Habeas corpus
Non est factum
Intentional - Unintentional

10. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Floating charge
Democratic rights to vote or run for election
Passing off

11. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Restrictive covenant
Private law
Negligence
Contributory Negligence

12. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Price fixing
Lie flat to distribute the force of the impact
Express deposit
Summary conviction - indictable - and hybrid

13. It is not my deed
Unilateral Contract
Non est factum
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

14. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Food and Drugs Act
Neighbour principle
Players in the legal system

15. Accommodations that are not considered 'inns'.
Summary conviction - indictable - and hybrid
Boarding house - a rooming house - homes for seniors - and time-share arrangements
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
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

16. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Bona fide occupational requirement
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Contributory negligence
Food and Drugs Act

17. What is the maximum weekly EI benefit?

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18. Regulation - deterrence - compensation - dispute resolution - education and prevention
Exemplary damages
Pleadings - discoveries - pretrial and or mediation - trial - appeals
John Humphrey
6 primary purposes of tort law

19. Who owns mislaid property?
Stare decisis
The owner
Summary conviction - Indictable - Hybrid
Duty to mitigate

20. A promise for an action
Unilateral Contract
Personal and real
Discoveries Stage
Duty to mitigate

21. 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.
The owner
Easement
Theft of services
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

22. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
The parol evidence rule
Absolute liability
Bona fide occupational requirement
Landlord-tenant

23. How can an employer escape alcohol misuse liability?
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.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Reiver
Boarding house - a rooming house - homes for seniors - and time-share arrangements

24. Discrimination that is actually encouraged in our society
Notary
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Merit

25. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
Exceptions to the privity of contract rule
Factoring
Duty to mitigate

26. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
The items that should be included in a job description
Trade mark
John Humphrey

27. Two kinds of negligence
Constitution
Intentional - Unintentional
Express deposit
Municipal government

28. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Unconscionable transactions
To 'perfect' a lien
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
The items that should be included in a job description

29. An advertisement is an example of this... lets people know that you are ready to accept offers
Prima facie
John Humphrey
Non est factum
Invitation to treat

30. 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.
Positive Law
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.
Exceptions to the privity of contract rule
Fiduciary Duty

31. List remedies one would expect when a contract is breached
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
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
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Exceptions to the privity of contract rule

32. Food Poisoning from chicken
Salmonella
Legal realism
Shareholders - board of directors - statutory officers - employees - and creditors
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

33. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Land - buildings - fixtures
Intentional torts
The 2 classes of servants
Habeas corpus

34. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Easement
Contributory Negligence
Duty to mitigate

35. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
By Performance - By Agreement - By Frustration - By Operation of law
Section 33 of the Charter
Passing off

36. An agreement by an offeror to leave an offer open for a specified period of time.
Discoveries Stage
Slander and Libel
Option
Negligence

37. 'To have the body'
Habeas corpus
Acts of God - acts of a public enemy - guests' own negligence
Equitable estoppal
Criminal - Family - Youth - Small claims court

38. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Discoveries Stage
General - Punitive - Exemplary
Power of attorney

39. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Unilateral Contract
Parol Evidence Rule
$413 or 55% of the claimant's average insured earnings (whichever is less)

40. Defaming a business - a product or a property rather than a person.
Unconscionable transactions
Positive law
Injurious Falsehood
Price fixing

41. Bailment for the sole benefit of the bailor.
Proximate cause of the injury
4 items that should be included in the job description
Positive Law
Gratuitous bailment

42. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Royal prerogatives
Discoveries Stage
Invitation to treat

43. Once a contract is written - it cannot be changed without consent of both parties.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The parol evidence rule
Easement
Mens rea

44. The period of time required to pay off the principal completely at a set interest rate.
Nepotism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
By Performance - By Agreement - By Frustration - By Operation of law
Amortization

45. When two or more suppliers conspire to set prices.
Mens rea
Intentional - Unintentional
Ultra vires
Price fixing

46. When 50 or more employees are laid off within 2 months.
Group termination
Independent contractors - employees
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.
Trade mark

47. A right to use another's land for a specific purpose.
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.
Theft of services
Easement
The 4 principles of Equal Pay legislation

48. The price a party pays for the promise.
Breach of contract
Consideration
By Performance - By Agreement - By Frustration - By Operation of law
Factoring

49. Alcohol misuse under the Liquor License Act
Pleadings - discoveries - pretrial and or mediation - trial - appeals
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Res ipsa loquitar
Section 33 of the Charter

50. Author of the Universal Declaration of Human Rights in 1948?
Passing off
The parol evidence rule
Equitable estoppal
John Humphrey