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Hospitality Law
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Subjects
:
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. 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.
Instances under which an offer lapses
Defenses to intentional Torts
Types of contracts which must be in writing
Thin Skull Rule
2. 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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Good Samaritan Legislation
Habeas corpus
Discoveries Stage
3. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Restrictive covenant
John Humphrey
Exceptions to the privity of contract rule
98%
4. What are three ways a contract is breached
Negligence
The parol evidence rule
Natural Law
Repudiation - Sabotage - Failure to perform
5. Accommodations that are not considered 'inns'.
Summary conviction - indictable - and hybrid
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
6. How can an employer escape alcohol misuse liability?
Royal prerogatives
Contributory Negligence
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.
Res ipsa loquitar
7. 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.
Actus reus and Mens rea
Positive Law
Theft of services
Option
8. The amount he merits
Quantum merits
Restrictive covenant
Disclaimer
Damages that are imposed to punish and to make an example of the offending party
9. Guilty act in Latin.
E. Coli
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.
Passing off
Actus reus
10. Latin for guilty act and guilty mind
Contributory negligence
Vicarious liability
Actus reus and Mens rea
Lie flat to distribute the force of the impact
11. Three types of offences
Breach of contract
Summary conviction - indictable - and hybrid
Injurious Falsehood
Fiduciary Duty
12. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Trademark infringement
Negligence
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
13. Innocent - negligent and fraudulent
Exemplary damages
Independent contractors - employees
Arraignment
The kinds of misrepresentation
14. The publication of a false statement about someone either verbally or in writing which damages their reputation
Exemplary damages
Section 33 of the Charter
98%
Defamation
15. What are the 3 types of bailment?
Negligence Per se
Discoveries Stage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Restrictive covenant
16. A plaintiff is partly or solely the cause of his or her own injury.
Group termination
Contributory negligence
Acts of God - acts of a public enemy - guests' own negligence
Private law
17. 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.
Equitable estoppel
Habeas corpus
The kinds of misrepresentation
Negligence Per se
18. Guilty mind.
Mens rea
Four purpose of sentencing
Vicarious liability
General - Punitive - Exemplary
19. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Constitution
Duty to mitigate
The 4 principles of Equal Pay legislation
Contributory Negligence
20. Food poisoning from hamburger
E. Coli
Sole proprietorship - partnership - and corporations
'The thing speaks for itself'
Food and Drugs Act
21. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
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 kinds of misrepresentation
22. Once a lien is registered - a claim must be issued within 90 days of substantial completion of the work?
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23. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Trademark infringement
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Gratuitous bailment
24. Damages imposed to make an example of the wrongdoer
Non est factum
Price fixing
Exemplary damages
Legal realism
25. Types of Damages
Theft of services
Negligence
General - Punitive - Exemplary
Players in the legal system
26. Spoken and written defamation
Unconscionable transactions
Slander and Libel
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence
27. A plaintiff is partly or solely the cause of his or her own injury
Quantum meruit
Sunset Clause
Habeas corpus
Contributory negligence
28. 2 classes of servants.
Players in the legal system
Independent contractors - employees
6 primary purposes of tort law
Summary conviction - Indictable - Hybrid
29. Two types of negligence
Invitation to treat
Players in the legal system
Intentional - Unintentional
Constitution
30. Selling accounts receivable at a discount.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sole proprietorship - partnership - and corporations
Factoring
Unconscionable transactions
31. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Price fixing
Landlord-tenant
Surcharge
Exceptions to the privity of contract rule
32. Fundamental freedoms in Section 2 of the Charter
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
33. Within the walls of the inn
Positive Law
General - Punitive - Exemplary
Fiduciary Duty
Infra hospitium
34. What does BFOR stand for?
Section 33 of the Charter
Good Samaritan Legislation
Unilateral Contract
Bona fide occupational requirement
35. Damages are awarded to compensate the injured party
Four purpose of sentencing
Express deposit
General damages
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
36. What are some of the conditions for rightful dismissal?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Infra hospitium
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
Stare decisis
37. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
$413 or 55% of the claimant's average insured earnings (whichever is less)
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
John Humphrey
Defenses to intentional Torts
38. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Group termination
Power of attorney
Floating charge
Vicarious liability
39. 3 types of business structures.
Sole proprietorship - partnership - and corporations
Repudiation - sabotage - failure to perform
Contributory Negligence
Positive law
40. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Repudiation - sabotage - failure to perform
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
Contributory negligence
41. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Lie flat to distribute the force of the impact
Positive law
51% or 52%
42. 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
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
The 4 principles of Equal Pay legislation
Common - mutual and unilateral.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
43. Once a contract is written - it cannot be changed without consent of both parties.
Non est factum
Reasons a contract may be impeached
Creed
The parol evidence rule
44. This person acts on behalf of the principal
Types of contracts which must be in writing
Group termination
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Agent
45. 5 possible consequences if you default on your mortgage?
Discoveries Stage
Food and Drugs Act
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Habeas corpus
46. Minimum amount of hours needed to be eligible for EI benefits.
420 to 700 hours depending on the regional unemployment rate
Discoveries Stage
Notary
Defenses to intentional Torts
47. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?
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48. Four methods to prevent potential legal action against your business.
Power of attorney
Contributory negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Equity financing - debt financing - sale of assets
49. What does real property include?
Floating charge
Duty to mitigate
Land - buildings - fixtures
Sunset Clause
50. Conditions for rightful dismissal.
The 4 principles of Equal Pay legislation
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Democratic rights to vote or run for election
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