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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. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Theft of services
Contributory Negligence
Unconscionable transactions

2. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Food and Drugs Act
Restrictive covenant
Sunset Clause
Constitution

3. Which of the following rights does the Charter guarantee only to citizens of Canada
Option
Democratic rights to vote or run for election
Theft of services
Consideration

4. Legal responsibility for the negligence of another person
Vicarious liability
Repudiation - sabotage - failure to perform
Intentional - Unintentional
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

5. Laws duly enacted by a person or body having the authority to enact and enforce them.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
Restrictive covenant
Positive law

6. Author of the Universal Declaration of Human Rights in 1948?
Constitution
John Humphrey
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

7. 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
Reiver
Mens rea
420 to 700 hours depending on the regional unemployment rate

8. Someone who certifies documents - but does not draft documents
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
Habeas corpus
Gratuitous bailment
Notary

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

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10. 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
Trademark infringement
Vicarious liability
Lie flat to distribute the force of the impact
Power of attorney

11. 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.
Section 33 of the Charter
Damages that are imposed to punish and to make an example of the offending party
Express deposit

12. List remedies one would expect when a contract is breached
Habeas corpus
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Intentional - Unintentional
Slander and Libel

13. The plaintiff has been injured upon the result of his own negligence
'The thing speaks for itself'
Criminal - Family - Youth - Small claims court
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contributory Negligence

14. Three types of intangibles
Lie flat to distribute the force of the impact
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Royal prerogatives
Players in the legal system

15. Surviving a falling elevator
Lie flat to distribute the force of the impact
Unilateral Contract
Absolute liability
Res ipsa loquitar

16. Amount added on to a usual charge for a specific product - purpose - or service.
General - Punitive - Exemplary
Surcharge
The 4 principles of Equal Pay legislation
Exemplary damages

17. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Food and Drugs Act
Uttering
Section 33 of the Charter
Intentional - Unintentional

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

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19. Selling accounts receivable at a discount.
Infra hospitium
Intentional torts
Factoring
Unilateral Contract

20. 'Reasonable worth of the good'
Amortization
Passing off
Quantum meruit
Passing off

21. The price a party pays for the promise.
Surcharge
Types of contracts which must be in writing
Consideration
Res ipsa loquitar

22. 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.
Theft of services
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Uttering
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.

23. Promises made without consideration
98%
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Gratuitous Promise
Passing off

24. Once a contract is written - it cannot be changed without the consent of both parties
Proximate cause of the injury
Exceptions to the privity of contract rule
Parol Evidence Rule
Non delegable duty

25. 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
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Negligent Misrepresentation
Negligence Per se
By Performance - By Agreement - By Frustration - By Operation of law

26. 2 classes of servants.
Salmonella
Independent contractors - employees
John Humphrey
Passing off

27. When the public is misled into believing that one company's goods or services are those a similar brand or product
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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Passing off
Repudiation - sabotage - failure to perform

28. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
51% or 52%
Thin Skull Rule
Positive Law

29. The level of government in charge of bylaws
Municipal government
Easement
51% or 52%
Infra hospitium

30. Law created by a person or body with authority to enact and enforce it
The 2 classes of servants
Acts of God - acts of a public enemy - guests' own negligence
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Positive Law

31. Discrimination that is actually encouraged in our society
Merit
Creed
Private law
Reiver

32. This person acts on behalf of the principal
Specific deterrence - general deterrence - rehabilitation - protection of the public
Thin Skull Rule
Agent
Sole proprietorship - partnership - and corporations

33. What are exemplary damages?
Creed
Damages that are imposed to punish and to make an example of the offending party
Royal prerogatives
Sunset Clause

34. Under contract law - list the three types of mistake the law recognizes.
Thin Skull Rule
Reiver
Common - mutual and unilateral.
Open and notorious - unchallenged - exclusive - continuous

35. A symbol - word - name or device used to identify or signify a company or its product.
4 items that should be included in the job description
Trade mark
Prima facie
420 to 700 hours depending on the regional unemployment rate

36. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Damages that are imposed to punish and to make an example of the offending party
Common - mutual and unilateral.
Prima facie

37. Use of another company's business name or logo without permission.
Absolute liability
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Trademark infringement
Factoring

38. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Passing off
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.
General - Punitive - Exemplary

39. When the police do not need a warrant to search your residence and/or business?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Constitution

40. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
By Performance - By Agreement - By Frustration - By Operation of law
Landlord-tenant
Exceptions to the privity of contract rule
Gratuitous Promise

41. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Negligence Per se
Specific deterrence - general deterrence - rehabilitation - protection of the public
Slander and Libel

42. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Negligence Per se

43. Law based on moral - religious or philosophical grounds
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Food and Drugs Act
John Humphrey
Natural Law

44. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
Power of attorney
Creed
$413 or 55% of the claimant's average insured earnings (whichever is less)

45. What are some of the conditions for rightful dismissal?
6 primary purposes of tort law
4 items that should be included in the job description
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Absolute liability

46. You shall have the body
Bona fide occupational requirement
Breach of contract
Habeas corpus
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

47. A promise for an action
Mens rea
Unilateral Contract
Theft of services
Res ipsa loquitar

48. Three types of offences
Absolute liability
Amortization
Equitable estoppal
Summary conviction - indictable - and hybrid

49. 5 possible consequences if you default on your mortgage?
Actus reus and Mens rea
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Royal prerogatives
Pleadings - discoveries - pretrial and or mediation - trial - appeals

50. list 4 elements of bailment
Option
Floating charge
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Innocent - negligent - fraudulent