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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. Food Poisoning from chicken
Instances under which an offer lapses
Salmonella
Disclaimer
Group termination

2. what are the four purposes of sentencing?
Actus reus and Mens rea
Intentional - Unintentional
Specific deterrence - general deterrence - rehabilitation - protection of the public
Slander and Libel

3. Surviving a falling elevator
Municipal government
Personal and real
Lie flat to distribute the force of the impact
Slander and Libel

4. What are some of the conditions for rightful dismissal?
Summary conviction (minor) - indictable (serious) - hybrid
Prima facie
Infra hospitium
Financial disloyalty - falsified qualifications - gross and continuing incompetence

5. 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.
Sunset Clause
Trade mark
Section 33 of the Charter

6. A right to use another's land for a specific purpose.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Easement
Reiver
Damages that are imposed to punish and to make an example of the offending party

7. An agreement by an offeror to leave an offer open for a specified period of time.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Passing off
Option
98%

8. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Disclaimer
Injurious Falsehood
Res ipsa loquitar
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

9. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Defamation
Landlord-tenant
Vicarious Liability
Personal and real

10. 2 classes of servants.
Independent contractors - employees
Municipal government
Reasons a contract may be impeached
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

11. Latin term for when one level of government passes a law Which is actually within the realm of responsibility covered by another level of government
Good Samaritan Legislation
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
Ultra vires
John Humphrey

12. When two or more suppliers conspire to set prices.
Infra hospitium
Price fixing
Proximate cause of the injury
Trade mark

13. 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?
Theft of services
Infra hospitium
Breach of contract
Slander and Libel

14. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Non delegable duty
Option
Contributory Negligence
Duty to mitigate

15. Latin for 'the thing speaks for itself'
Passing off
Res ipsa loquitar
Slander and Libel
Positive law

16. What are the two types of property?
Consideration
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Power of Attorney
Personal and real

17. 'To have the body'
Reasonable Person Test
Habeas corpus
'The thing speaks for itself'
Acts of God - acts of a public enemy - guests' own negligence

18. This person acts on behalf of the principal
Agent
Innocent - negligent - fraudulent
4 items that should be included in the job description
Equity financing - debt financing - sale of assets

19. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Trade mark
Passing off
Reasons a contract may be impeached

20. 'It stands decided'
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Section 33 of the Charter
Stare decisis
Landlord-tenant

21. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Restrictive covenant
$413 or 55% of the claimant's average insured earnings (whichever is less)
Summary conviction - indictable - and hybrid

22. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Defenses to intentional Torts
Reiver
Power of attorney
Exceptions to the privity of contract rule

23. The most difficult element of negligence to prove
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Open and notorious - unchallenged - exclusive - continuous
Proximate cause of the injury
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

24. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Habeas corpus
Personal and real
Defamation

25. 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.
John Humphrey
Food and Drugs Act
Fiduciary Duty
Summary conviction (minor) - indictable (serious) - hybrid

26. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
1) in the office - 2) every guestroom - and 3) public rooms (area).
Reasonable Person Test
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

27. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
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
Unconscionable transactions
Disclaimer
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

28. Damages are awarded to compensate the injured party
By Performance - By Agreement - By Frustration - By Operation of law
Ultra vires
Unilateral Contract
General damages

29. Food poisoning from hamburger
Surcharge
Land - buildings - fixtures
E. Coli
Consideration

30. Promises made without consideration
Uttering
Gratuitous Promise
Players in the legal system
Common - mutual and unilateral.

31. Fundamental freedoms in Section 2 of the Charter
Equity financing - debt financing - sale of assets
Types of contracts which must be in writing
Habeas corpus
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. 'Reasonable worth of the good'
Quantum meruit
Non delegable duty
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
Infra hospitium

33. A symbol - word - name or device used to identify or signify a company or its product.
Contributory negligence
Trade mark
Private law
John Humphrey

34. A restriction placed on some aspect of land use.
Restrictive covenant
General damages
4 items that should be included in the job description
Landlord-tenant

35. Stages of a civil action
98%
Landlord-tenant
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Consideration

36. What are the 3 ways employment can be terminated?
Surcharge
Gratuitous Promise
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Thin Skull Rule

37. Law created by a person or body with authority to enact and enforce it
Personal and real
Criminal - Family - Youth - Small claims court
Equity financing - debt financing - sale of assets
Positive Law

38. Allows a legislation to override the Charter
Habeas corpus
Criminal - Family - Youth - Small claims court
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter

39. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
General - Punitive - Exemplary
Fiduciary Duty
Actus reus and Mens rea
Negligence

40. Favoritism granted to relatives or friends regardless of merit
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exceptions to the privity of contract rule
Nepotism
The kinds of misrepresentation

41. In a criminal procedure list the 3 types of offenses
Noncompetition/nonsolicitation clauses
Intentional torts
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction (minor) - indictable (serious) - hybrid

42. Amount added on to a usual charge for a specific product - purpose - or service.
To 'perfect' a lien
Surcharge
Trademark infringement
Breach of contract

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Repudiation - sabotage - failure to perform
Passing off
Price fixing
Common - mutual and unilateral.

44. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Exemplary damages
Bona fide occupational requirement
Restrictive covenant
Uttering

45. Damages imposed to make an example of the wrongdoer
Negligence Per se
Summary conviction (minor) - indictable (serious) - hybrid
Lie flat to distribute the force of the impact
Exemplary damages

46. 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
Open and notorious - unchallenged - exclusive - continuous
'The thing speaks for itself'
Vicarious Liability
Equity financing - debt financing - sale of assets

47. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Reasons a contract may be impeached
Shareholders - board of directors - statutory officers - employees - and creditors
Equitable estoppel
Four purpose of sentencing

48. An agreement by an offeror to leave an offer open for a specified period of time
Negligent Misrepresentation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

49. Discrimination that is actually encouraged in our society
Sunset Clause
420 to 700 hours depending on the regional unemployment rate
Merit
General - Punitive - Exemplary

50. Two kinds of negligence
Personal and real
Defenses to intentional Torts
Intentional - Unintentional
Neighbour principle