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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. The division of law associated with interpersonal matters
Private 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.
Habeas corpus
Stare decisis

2. The amount he merits
Exceptions to the privity of contract rule
Merit
Quantum merits
Types of contracts which must be in writing

3. Who owns mislaid property?
Trade mark
Contributory negligence
Negligent Misrepresentation
The owner

4. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Summary conviction (minor) - indictable (serious) - hybrid
Intentional torts
John Humphrey

5. The exchange of benefits; the price a party pays for the promise
Prima facie
Consideration
Infra hospitium
Acts of God - acts of a public enemy - guests' own negligence

6. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Equity financing - debt financing - sale of assets
Unconscionable transactions
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
Exceptions to the privity of contract rule

7. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trade mark
John Humphrey
Unconscionable transactions

8. Discrimination that is actually encouraged in our society
Merit
Proximate cause of the injury
Uttering
Option

9. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Sole proprietorship - partnership - and corporations
Proximate cause of the injury
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

10. Food Poisoning from chicken
Salmonella
Noncompetition/nonsolicitation clauses
Criminal - Family - Youth - Small claims court
Repudiation - Sabotage - Failure to perform

11. 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.
Bona fide occupational requirement
Thin Skull Rule
Actus reus and Mens rea
Landlord-tenant

12. Surviving a falling elevator
Lie flat to distribute the force of the impact
Gratuitous Promise
Uttering
Substantive Law

13. The period of time required to pay off the principal completely at a set interest rate.
Actus reus and Mens rea
Equitable estoppal
Bona fide occupational requirement
Amortization

14. 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
The 4 principles of Equal Pay legislation
Negligence
Constitution
Duty to mitigate

15. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Vicarious Liability
The owner
Express deposit
'The thing speaks for itself'

16. When the public is misled into believing that one company's goods or services are those a similar brand or product
Creed
Res ipsa loquitar
Passing off
Floating charge

17. Division of Lower Provincial Courts
Equitable estoppal
Breach of contract
Criminal - Family - Youth - Small claims court
Passing off

18. Bailment for the sole benefit of the bailor.
Actus reus
Royal prerogatives
Gratuitous bailment
Absolute liability

19. Res ipsa loquitur

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20. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Stare decisis
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

21. A promise for an action
Exemplary damages
Duty to mitigate
Royal prerogatives
Unilateral Contract

22. 2 classes of servants.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Royal prerogatives
Exceptions to the privity of contract rule
Independent contractors - employees

23. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Sole proprietorship - partnership - and corporations
Food and Drugs Act
Neighbour principle

24. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Exemplary damages
98%
Absolute liability

25. An agreement by an offeror to leave an offer open for a specified period of time
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Restrictive covenant
Unconscionable transactions
Option

26. Balance of probability needed to win a civil case
Equitable estoppal
Open and notorious - unchallenged - exclusive - continuous
51% or 52%
Landlord-tenant

27. It is not my deed
Non est factum
Contributory Negligence
Independent contractors - employees
Equity financing - debt financing - sale of assets

28. This person acts on behalf of the principal
98%
Agent
The items that should be included in a job description
Defenses to intentional Torts

29. The plaintiff has been injured upon the result of his own negligence
John Humphrey
Contributory Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
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.

30. Political - religious beliefs - and affiliations
Merit
Creed
Democratic rights to vote or run for election
Quantum meruit

31. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
By Performance - By Agreement - By Frustration - By Operation of law
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

32. What are the five stages of a civil action?
Mens rea
Common - mutual and unilateral.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Consideration

33. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Sunset Clause
Trade mark
Disclaimer
Infra hospitium

34. What are some of the conditions for rightful dismissal?
Passing off
Equity financing - debt financing - sale of assets
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

35. What are the 3 ways employment can be terminated?
Express deposit
Easement
Absolute liability
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

36. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction - indictable - and hybrid
Trade mark
Prima facie

37. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
The kinds of misrepresentation
Democratic rights to vote or run for election
Salmonella
Noncompetition/nonsolicitation clauses

38. Latin term for 'It is not my deed
Non est factum
Passing off
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Defamation

39. 3 types of offenses in a criminal procedure
John Humphrey
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.
Summary conviction - Indictable - Hybrid
Acts of God - acts of a public enemy - guests' own negligence

40. Three types of intangibles
Uttering
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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.
'The thing speaks for itself'

41. Two types of negligence
Thin Skull Rule
Intentional - Unintentional
6 primary purposes of tort law
Res ipsa loquitar

42. Under contract law - list the three types of mistake the law recognizes.
Thin Skull Rule
Common - mutual and unilateral.
Defamation
Reiver

43. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
'The thing speaks for itself'
Power of Attorney
Passing off
Group termination

44. Damages are awarded to compensate the injured party
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Municipal government
Absolute liability
General damages

45. Alcohol misuse under the Liquor License Act
Restrictive covenant
Trade mark
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
John Humphrey

46. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Negligence Per se
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Noncompetition/nonsolicitation clauses

47. 5 reasons for evicting a guest.
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.
Independent contractors - employees
Legal realism

48. List the 4 conditions of adverse possession. (squatter's rights)
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Open and notorious - unchallenged - exclusive - continuous
Negligent Misrepresentation
Summary conviction - indictable - and hybrid

49. A plaintiff is partly or solely the cause of his or her own injury.
1) in the office - 2) every guestroom - and 3) public rooms (area).
John Humphrey
Infra hospitium
Contributory negligence

50. Within the walls of the inn
Equity financing - debt financing - sale of assets
Infra hospitium
Negligent Misrepresentation
Exceptions to the privity of contract rule