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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. Another word for 'reafian'?
Shareholders - board of directors - statutory officers - employees - and creditors
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Reiver
Constitution

2. It is not my deed
Negligence Per se
Non est factum
Duty to mitigate
Passing off

3. Author of the 1948 Universal Declaration of Human Rights
Instances under which an offer lapses
Natural Law
John Humphrey
Infra hospitium

4. The publication of a false statement about someone either verbally or in writing which damages their reputation
Nepotism
Intentional torts
Defamation
Quantum merits

5. Balance of probability needed to win a civil case
Price fixing
51% or 52%
Consideration
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

6. Guilty act in Latin.
Duty to mitigate
Common - mutual and unilateral.
Actus reus
Trademark infringement

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

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8. Food poisoning from hamburger
Vicarious liability
E. Coli
Independent contractors - employees
Surcharge

9. Political - religious beliefs - and affiliations
Private law
Creed
Floating charge
Players in the legal system

10. 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.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
The owner
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.
Fiduciary Duty

11. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Injurious Falsehood
Negligent Misrepresentation
Express deposit
John Humphrey

12. Res ipsa loquitur

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13. Conditions for rightful dismissal.
Gratuitous Promise
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
Habeas corpus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

14. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Food and Drugs Act
Sunset Clause
Criminal - Family - Youth - Small claims court

15. A restriction placed on some aspect of land use.
Absolute liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Restrictive covenant
Floating charge

16. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Injurious Falsehood
Food and Drugs Act
Constitution
The owner

17. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Res ipsa loquitar
Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

18. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Unilateral Contract
'The thing speaks for itself'
Reasons a contract may be impeached
Duty to mitigate

19. What are three ways a contract is breached
Neighbour principle
Prima facie
Repudiation - Sabotage - Failure to perform
Absolute liability

20. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Discoveries Stage
98%

21. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Vicarious Liability
Intentional - Unintentional
Landlord-tenant
Duty to mitigate

22. First stage in a criminal court procedure
Personal and real
Gratuitous bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Arraignment

23. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Lie flat to distribute the force of the impact
Four purpose of sentencing
Intentional torts
Natural Law

24. When two or more suppliers conspire to set prices.
Price fixing
Prima facie
Floating charge
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

25. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
By Performance - By Agreement - By Frustration - By Operation of law
Equitable estoppal
1) in the office - 2) every guestroom - and 3) public rooms (area).

26. Beyond a reasonable doubt is what probability
98%
Independent contractors - employees
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Option

27. Laws duly enacted by a person or body having the authority to enact and enforce them.
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.
Defenses to intentional Torts
Positive law
Shareholders - board of directors - statutory officers - employees - and creditors

28. Author of the Universal Declaration of Human Rights
Bona fide occupational requirement
Infra hospitium
Option
John Humphrey

29. 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?
Municipal government
Good Samaritan Legislation
Breach of contract
The kinds of misrepresentation

30. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Noncompetition/nonsolicitation clauses
Discoveries Stage

31. Allows a legislation to override the Charter
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter
Trade mark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

32. Within the walls of the inn
Land - buildings - fixtures
Infra hospitium
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence

33. Damages are awarded to compensate the injured party
Duty to mitigate
General damages
Passing off
John Humphrey

34. Two kinds of negligence
Intentional - Unintentional
Types of contracts which must be in writing
The 2 classes of servants
Exemplary damages

35. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Specific deterrence - general deterrence - rehabilitation - protection of the public
Legal realism
Price fixing

36. A promise for an action
Unilateral Contract
Positive Law
Intentional - Unintentional
Infra hospitium

37. 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.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Theft of services
Types of contracts which must be in writing
Personal and real

38. What would a careful - thoughtful person in the same circumstances have done
To 'perfect' a lien
Constitution
Common - mutual and unilateral.
Reasonable Person Test

39. A right to use another's land for a specific purpose.
Food and Drugs Act
Easement
Actus reus and Mens rea
General - Punitive - Exemplary

40. 5 reasons for evicting a guest.
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 owner
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Equitable estoppel

41. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Absolute liability
Exceptions to the privity of contract rule
Uttering
Instances under which an offer lapses

42. The amount he merits
Non est factum
Vicarious Liability
Quantum merits
Trademark infringement

43. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Invitation to treat
Negligence Per se
Repudiation - Sabotage - Failure to perform

44. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Actus reus
Actus reus and Mens rea
Shareholders - board of directors - statutory officers - employees - and creditors
Duty to mitigate

45. What are the 3 ways employment can be terminated?
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Invitation to treat
Consideration

46. 'Reasonable worth of the good'
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The 2 classes of servants
Landlord-tenant
Quantum meruit

47. How can an employer escape alcohol misuse liability?
Trademark infringement
Actus reus and Mens rea
E. Coli
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.

48. An agreement by an offeror to leave an offer open for a specified period of time.
Vicarious liability
4 items that should be included in the job description
Option
Trade mark

49. When the police do not need a warrant to search your residence and/or business?
Prima facie
General damages
Defenses to intentional Torts
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

50. Law created by a person or body with authority to enact and enforce it
Ultra vires
Sunset Clause
Positive Law
Option