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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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 period of time required to pay off the principal completely at a set interest rate.
Amortization
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Contributory negligence
Specific deterrence - general deterrence - rehabilitation - protection of the public

2. List 5/6 items employers can expect from their employees
Intentional torts
The owner
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
1) in the office - 2) every guestroom - and 3) public rooms (area).

3. This person acts on behalf of the principal
Agent
Contributory Negligence
Trademark infringement
Instances under which an offer lapses

4. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
The parol evidence rule
John Humphrey
Equitable estoppel
Land - buildings - fixtures

5. A person who becomes ill but did not pay for the meal can sue the establishment
Summary conviction - Indictable - Hybrid
1) in the office - 2) every guestroom - and 3) public rooms (area).
Quantum meruit
Neighbour principle

6. What must be established to substantiate a claim for bailment?
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
Intentional torts
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non delegable duty

7. Legislators - judges - jurors - lawyers - clients and police
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Players in the legal system
Reasons a contract may be impeached
Discoveries Stage

8. Fundamental freedoms in Section 2 of the Charter
The parol evidence rule
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Actus reus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

9. This piece of legislation states that any persons donating and distributing donated food to another person are not liable for the damages resulting from injuries or death caused by the consumption of the food - unless the food was rotten or the perso
Mens rea
Positive Law
Good Samaritan Legislation
Parol Evidence Rule

10. Guilty mind.
Uttering
Mens rea
$413 or 55% of the claimant's average insured earnings (whichever is less)
Summary conviction (minor) - indictable (serious) - hybrid

11. The amount he merits
Quantum merits
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Discoveries Stage
Merit

12. First stage in a criminal court procedure
Trade mark
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Arraignment
Habeas corpus

13. Law is whatever judges say it is...
Res ipsa loquitar
Mens rea
Intentional torts
Legal realism

14. Law based on moral - religious or philosophical grounds
Negligence
Natural Law
Common - mutual and unilateral.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

15. 3 types of offenses in a criminal procedure
Factoring
Reasons a contract may be impeached
Summary conviction - Indictable - Hybrid
Repudiation - Sabotage - Failure to perform

16. Favoritism granted to relatives or friends regardless of merit
Breach of contract
1) in the office - 2) every guestroom - and 3) public rooms (area).
Nepotism
Instances under which an offer lapses

17. Author of the 1948 Universal Declaration of Human Rights
Salmonella
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Equitable estoppal
John Humphrey

18. If someone relies on advice or information negligently provided by a specialist - and does so reasonably to his or her detriment - a duty of care is breached
Negligent Misrepresentation
Restrictive covenant
Infra hospitium
Section 33 of the Charter

19. What are the 5 tiers of the corporate structure.
The 2 classes of servants
Power of Attorney
Shareholders - board of directors - statutory officers - employees - and creditors
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

20. The level of government in charge of bylaws
Municipal government
Equitable estoppel
Non delegable duty
Good Samaritan Legislation

21. A right to use another's land for a specific purpose.
Option
Specific deterrence - general deterrence - rehabilitation - protection of the public
Damages that are imposed to punish and to make an example of the offending party
Easement

22. The most difficult element of negligence to prove
Independent contractors - employees
Exemplary damages
Notary
Proximate cause of the injury

23. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Creed
Equitable estoppel
Thin Skull Rule

24. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
John Humphrey
Exceptions to the privity of contract rule
Lie flat to distribute the force of the impact
Repudiation - Sabotage - Failure to perform

25. List the 3 subtle signs of intoxication.
Infra hospitium
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Specific deterrence - general deterrence - rehabilitation - protection of the public
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

26. The price a party pays for the promise.
Consideration
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Section 33 of the Charter
Proximate cause of the injury

27. When 50 or more employees are laid off within 2 months.
Democratic rights to vote or run for election
Mens rea
Exceptions to the privity of contract rule
Group termination

28. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
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
Instances under which an offer lapses
Creed
Types of contracts which must be in writing

29. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Fiduciary Duty
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Land - buildings - fixtures

30. 'To have the body'
Common - mutual and unilateral.
Criminal - Family - Youth - Small claims court
Defamation
Habeas corpus

31. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Constitution
Land - buildings - fixtures
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

32. 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?
Contributory negligence
Breach of contract
Noncompetition/nonsolicitation clauses
Discoveries Stage

33. Stages of a civil action
Food and Drugs Act
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reasons a contract may be impeached
Non est factum

34. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Intentional torts
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

35. Within the walls of the inn
Easement
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

36. 5 possible consequences if you default on your mortgage?
Royal prerogatives
Equitable estoppel
Slander and Libel
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

37. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
The parol evidence rule
Absolute liability
Vicarious Liability
Price fixing

38. Balance of probability needed to win a civil case
Players in the legal system
Power of Attorney
51% or 52%
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.

39. Author of the Universal Declaration of Human Rights
Good Samaritan Legislation
Lie flat to distribute the force of the impact
John Humphrey
Group termination

40. Division of law that defines rights and remedies
Equitable estoppal
Substantive Law
Lie flat to distribute the force of the impact
Acts of God - acts of a public enemy - guests' own negligence

41. What is the maximum weekly EI benefit?

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42. 'Reasonable worth of the good'
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Legal realism
General - Punitive - Exemplary
Quantum meruit

43. Who owns mislaid property?
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Habeas corpus
The owner
Merit

44. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Defamation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Power of attorney
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.

45. It is not my deed
Private law
Option
Non est factum
Mens rea

46. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
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.
Defenses to intentional Torts
Non delegable duty
Price fixing

47. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Shareholders - board of directors - statutory officers - employees - and creditors
Municipal government
420 to 700 hours depending on the regional unemployment rate

48. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Democratic rights to vote or run for election
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
The kinds of misrepresentation

49. Types of Damages
General - Punitive - Exemplary
Section 33 of the Charter
Landlord-tenant
Specific deterrence - general deterrence - rehabilitation - protection of the public

50. What are the five stages of a civil action?
Passing off
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equitable estoppel
Summary conviction - indictable - and hybrid