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

2. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Fiduciary Duty
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Innocent - negligent - fraudulent

3. 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.
Equitable estoppel
Fiduciary Duty
Summary conviction - indictable - and hybrid

4. Under the law - when an employer terminates the contract with an independent contractor - before all duties have been performed; What can the contractor sue for?
Reiver
Habeas corpus
Breach of contract
General damages

5. Within the walls of the inn
Exceptions to the privity of contract rule
Sunset Clause
Players in the legal system
Infra hospitium

6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Option
Easement
Repudiation - Sabotage - Failure to perform

7. Food poisoning from hamburger
E. Coli
Consideration
Reiver
Easement

8. List 5/6 items employers can expect from their employees
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Exceptions to the privity of contract rule
Constitution
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

9. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Power of Attorney
John Humphrey

10. What is the maximum weekly EI benefit?

11. A duty that cannot be given to someone else
Non delegable duty
Criminal - Family - Youth - Small claims court
Types of contracts which must be in writing
Defamation

12. 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.
Damages that are imposed to punish and to make an example of the offending party
Thin Skull Rule
Slander and Libel
Royal prerogatives

13. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Negligence Per se
Negligent Misrepresentation
Intentional - Unintentional

14. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Negligence
Vicarious Liability
Noncompetition/nonsolicitation clauses

15. 'Reasonable worth of the good'
Slander and Libel
Habeas corpus
98%
Quantum meruit

16. Regulation - deterrence - compensation - dispute resolution - education and prevention
Food and Drugs Act
6 primary purposes of tort law
Equitable estoppal
The 4 principles of Equal Pay legislation

17. What are the 3 types of bailment?
Bona fide occupational requirement
Disclaimer
Easement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

18. The division of law associated with interpersonal matters
Private law
By Performance - By Agreement - By Frustration - By Operation of law
Positive law
Invitation to treat

19. A restriction placed on some aspect of land use.
Option
Non est factum
Factoring
Restrictive covenant

20. Guilty mind.
Summary conviction - indictable - and hybrid
The items that should be included in a job description
Option
Mens rea

21. A plaintiff is partly or solely the cause of his or her own injury.
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Personal and real
Contributory negligence

22. When two or more suppliers conspire to set prices.
Price fixing
Neighbour principle
Personal and real
The kinds of misrepresentation

23. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Passing off
Intentional - Unintentional
Actus reus

24. What are the two types of property?
Unconscionable transactions
Personal and real
The items that should be included in a job description
Noncompetition/nonsolicitation clauses

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

26. 2 classes of servants.
Negligence
Independent contractors - employees
Trade mark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

27. Bailment for the sole benefit of the bailor.
Royal prerogatives
Gratuitous bailment
Passing off
Boarding house - a rooming house - homes for seniors - and time-share arrangements

28. Latin for guilty act and guilty mind
Vicarious Liability
Equitable estoppal
Actus reus and Mens rea
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

29. List the 4 conditions of adverse possession. (squatter's rights)
Express deposit
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Reasonable Person Test
Open and notorious - unchallenged - exclusive - continuous

30. Independent contractors and employees.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The 2 classes of servants
Contributory Negligence
Ultra vires

31. 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.
Municipal government
Fiduciary Duty
Noncompetition/nonsolicitation clauses
Natural Law

32. 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
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
Independent contractors - employees
Natural Law

33. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Land - buildings - fixtures
Restrictive covenant
Constitution
Agent

34. A symbol - word - name or device used to identify or signify a company or its product.
Exceptions to the privity of contract rule
John Humphrey
Bona fide occupational requirement
Trade mark

35. Latin term for 'It is not my deed
Vicarious liability
Non est factum
Floating charge
Power of Attorney

36. Damages are awarded to compensate the injured party
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.
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.
General damages
Neighbour principle

37. When 50 or more employees are laid off within 2 months.
Breach of contract
Group termination
Shareholders - board of directors - statutory officers - employees - and creditors
Defamation

38. How contracts can be discharged
Passing off
General damages
By Performance - By Agreement - By Frustration - By Operation of law
Habeas corpus

39. Law based on moral - religious or philosophical grounds
Absolute liability
Constitution
Natural Law
General - Punitive - Exemplary

40. Law created by a person or body with authority to enact and enforce it
Gratuitous bailment
51% or 52%
Equitable estoppal
Positive Law

41. This relationship exists when one person has the power to affect another person's property or legal interests
Positive Law
Fiduciary Duty
Reasons a contract may be impeached
Creed

42. Once a contract is written - it cannot be changed without consent of both parties.
Factoring
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Shareholders - board of directors - statutory officers - employees - and creditors
The parol evidence rule

43. Division of Lower Provincial Courts
Res ipsa loquitar
Merit
Criminal - Family - Youth - Small claims court
Infra hospitium

44. Four methods to prevent potential legal action against your business.
Common - mutual and unilateral.
Disclaimer
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

45. Circumstances in which the authorities do not need a warrant to search your premises
Food and Drugs Act
Passing off
Habeas corpus
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

46. In a criminal procedure list the 3 types of offenses
Arraignment
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.
Summary conviction (minor) - indictable (serious) - hybrid
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

47. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Absolute liability
Consideration
Types of contracts which must be in writing
General damages

48. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Actus reus and Mens rea
51% or 52%
Floating charge
Sunset Clause

49. List the 3 subtle signs of intoxication.
Types of contracts which must be in writing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Substantive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)

50. List 3 ways to finance a new or existing business.
Private law
Salmonella
Equity financing - debt financing - sale of assets
Duty to mitigate