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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. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Sunset Clause
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
John Humphrey
General - Punitive - Exemplary

2. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Floating charge
Passing off
Negligence
Sunset Clause

3. Once a contract is written - it cannot be changed without the consent of both parties
Amortization
Parol Evidence Rule
Substantive Law
420 to 700 hours depending on the regional unemployment rate

4. Food Poisoning from chicken
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Reasons a contract may be impeached
Defenses to intentional Torts
Salmonella

5. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Express deposit
Open and notorious - unchallenged - exclusive - continuous
The items that should be included in a job description

6. Within the walls of the inn
Infra hospitium
Non delegable duty
Intentional - Unintentional
Absolute liability

7. When the public is misled into believing that one company's goods or services are those a similar brand or product
Sole proprietorship - partnership - and corporations
Passing off
Non est factum
51% or 52%

8. 'To have the body'
Negligence Per se
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Proximate cause of the injury
Habeas corpus

9. What are the 3 types of bailment?
$413 or 55% of the claimant's average insured earnings (whichever is less)
Equity financing - debt financing - sale of assets
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

10. 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.
Thin Skull Rule
Summary conviction - indictable - and hybrid
Legal realism
John Humphrey

11. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Unconscionable transactions
Contributory Negligence
Power of Attorney
Habeas corpus

12. When two or more suppliers conspire to set prices.
Absolute liability
Parol Evidence Rule
Price fixing
Specific deterrence - general deterrence - rehabilitation - protection of the public

13. What are the 3 ways employment can be terminated?
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Open and notorious - unchallenged - exclusive - continuous

14. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Discoveries Stage
Amortization
Equitable estoppal

15. Someone who certifies documents - but does not draft documents
Constitution
Consideration
Notary
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

16. 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
Infra hospitium
4 items that should be included in the job description
Parol Evidence Rule
Vicarious Liability

17. 5 reasons for evicting a guest.
Municipal government
Discoveries Stage
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.
Noncompetition/nonsolicitation clauses

18. When 50 or more employees are laid off within 2 months.
Group termination
Stare decisis
Quantum merits
98%

19. Circumstances in which the authorities do not need a warrant to search your premises
Restrictive covenant
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
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.

20. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Criminal - Family - Youth - Small claims court
The parol evidence rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Absolute liability

21. Surviving a falling elevator
The 4 principles of Equal Pay legislation
Lie flat to distribute the force of the impact
Exceptions to the privity of contract rule
Pleadings - discoveries - pretrial and or mediation - trial - appeals

22. Damages imposed to make an example of the wrongdoer
The parol evidence rule
Exemplary damages
The items that should be included in a job description
Sole proprietorship - partnership - and corporations

23. An advertisement is an example of this... lets people know that you are ready to accept offers
By Performance - By Agreement - By Frustration - By Operation of law
Substantive Law
Invitation to treat
Repudiation - Sabotage - Failure to perform

24. Innocent - negligent and fraudulent
Duty to mitigate
The kinds of misrepresentation
Passing off
Lie flat to distribute the force of the impact

25. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Actus reus and Mens rea
Surcharge
Negligence
Exceptions to the privity of contract rule

26. Latin term for 'On the face of it'.
Prima facie
Salmonella
Proximate cause of the injury
Unilateral Contract

27. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Quantum merits
Defenses to intentional Torts
Habeas corpus

28. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
1) in the office - 2) every guestroom - and 3) public rooms (area).
Injurious Falsehood

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Natural Law
Consideration
Exceptions to the privity of contract rule
Open and notorious - unchallenged - exclusive - continuous

30. A right to use another's land for a specific purpose.
Contributory negligence
Easement
Option
Consideration

31. A plaintiff is partly or solely the cause of his or her own injury
Consideration
Legal realism
Contributory negligence
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

32. What are the three kinds of misrepresentation?
Stare decisis
Innocent - negligent - fraudulent
Landlord-tenant
Creed

33. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Absolute liability
Natural Law

34. 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.
Section 33 of the Charter
The owner
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Fiduciary Duty

35. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Acts of God - acts of a public enemy - guests' own negligence
Stare decisis

36. The plaintiff has been injured upon the result of his own negligence
Amortization
Contributory Negligence
Trade mark
Fiduciary Duty

37. Three types of offences
Repudiation - Sabotage - Failure to perform
Criminal - Family - Youth - Small claims court
Disclaimer
Summary conviction - indictable - and hybrid

38. Spoken and written defamation
Actus reus
'The thing speaks for itself'
Slander and Libel
Consideration

39. The level of government in charge of bylaws
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Neighbour principle
Passing off

40. The most difficult element of negligence to prove
The 2 classes of servants
Proximate cause of the injury
John Humphrey
Neighbour principle

41. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Open and notorious - unchallenged - exclusive - continuous
Constitution
Option
98%

42. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Legal realism
Equitable estoppal

43. What must be established to substantiate a claim for bailment?
Disclaimer
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
Defamation
Natural Law

44. What is the maximum weekly EI benefit?

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45. Most difficult element of negligence to prove
Contributory Negligence
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
The 4 principles of Equal Pay legislation

46. 2 classes of servants.
Infra hospitium
Landlord-tenant
Independent contractors - employees
Express deposit

47. Use of another company's business name or logo without permission.
Intentional torts
Trademark infringement
Negligence
Actus reus and Mens rea

48. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Intentional - Unintentional
Municipal government
Duty to mitigate
4 items that should be included in the job description

49. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Absolute liability
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Passing off

50. Latin for guilty act and guilty mind
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Actus reus and Mens rea
Shareholders - board of directors - statutory officers - employees - and creditors
6 primary purposes of tort law