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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. Beyond a reasonable doubt is what probability
Bona fide occupational requirement
Surcharge
Repudiation - sabotage - failure to perform
98%

2. The publication of a false statement about someone either verbally or in writing which damages their reputation
Habeas corpus
Defamation
Contributory negligence
Substantive Law

3. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
Res ipsa loquitar
Common - mutual and unilateral.
By Performance - By Agreement - By Frustration - By Operation of law

4. Another word for 'reafian'?
6 primary purposes of tort law
Invitation to treat
Gratuitous Promise
Reiver

5. Once a contract is written - it cannot be changed without consent of both parties.
Natural Law
Repudiation - Sabotage - Failure to perform
The parol evidence rule
Common - mutual and unilateral.

6. A restriction placed on some aspect of land use.
Surcharge
Noncompetition/nonsolicitation clauses
Restrictive covenant
Gratuitous bailment

7. Laws duly enacted by a person or body having the authority to enact and enforce them.
Reiver
Quantum merits
John Humphrey
Positive law

8. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
420 to 700 hours depending on the regional unemployment rate
Arraignment
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.
Negligence

9. Regulation - deterrence - compensation - dispute resolution - education and prevention
Defamation
Habeas corpus
6 primary purposes of tort law
Equity financing - debt financing - sale of assets

10. What are the three exceptions to the common law absolute liability rule.

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11. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Exceptions to the privity of contract rule

12. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Noncompetition/nonsolicitation clauses
The 2 classes of servants
Slander and Libel

13. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
The items that should be included in a job description
Unconscionable transactions
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

14. list 4 elements of bailment
Constitution
Criminal - Family - Youth - Small claims court
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Actus reus and Mens rea

15. An agreement by an offeror to leave an offer open for a specified period of time
Express deposit
Option
The items that should be included in a job description
Duty to mitigate

16. Specific deterrence - general deterrence - rehabilitation - and protection of the public
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
Constitution
Four purpose of sentencing
The items that should be included in a job description

17. How contracts can be discharged
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
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction - Indictable - Hybrid
Duty to mitigate

18. Law based on moral - religious or philosophical grounds
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Natural Law
98%
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

19. Someone who certifies documents - but does not draft documents
Notary
Duty to mitigate
Trademark infringement
John Humphrey

20. Division of Lower Provincial Courts
Habeas corpus
Merit
Criminal - Family - Youth - Small claims court
Factoring

21. It is not my deed
Non est factum
Intentional - Unintentional
Personal and real
Reasons a contract may be impeached

22. 2 classes of servants.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Power of Attorney
Independent contractors - employees
Private law

23. Guilty act in Latin.
Municipal government
Actus reus
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Section 33 of the Charter

24. Latin term for within or on the premises of the inn (extension of the inn).
Infra hospitium
Exemplary damages
Constitution
Negligence Per se

25. Who owns mislaid property?
Royal prerogatives
Quantum meruit
The owner
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

26. Latin for 'the thing speaks for itself'
General - Punitive - Exemplary
To 'perfect' a lien
John Humphrey
Res ipsa loquitar

27. Spoken and written defamation
Discoveries Stage
Neighbour principle
Slander and Libel
Passing off

28. A right to use another's land for a specific purpose.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
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.
Gratuitous Promise
Easement

29. List the 3 subtle signs of intoxication.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Passing off
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

30. Governor general and lieutenant governors
The 2 classes of servants
51% or 52%
Royal prerogatives
Uttering

31. An agreement by an offeror to leave an offer open for a specified period of time.
Actus reus and Mens rea
Trademark infringement
Option
51% or 52%

32. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Passing off
Summary conviction (minor) - indictable (serious) - hybrid
Absolute liability
Pleadings - discoveries - pretrial and or mediation - trial - appeals

33. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
The 4 principles of Equal Pay legislation
Food and Drugs Act
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
Actus reus

34. List remedies one would expect when a contract is breached
Equity financing - debt financing - sale of assets
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
'The thing speaks for itself'
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

35. A plaintiff is partly or solely the cause of his or her own injury.
General damages
Democratic rights to vote or run for election
Contributory negligence
Floating charge

36. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Personal and real
Substantive Law
Exceptions to the privity of contract rule
Vicarious liability

37. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Democratic rights to vote or run for election
Stare decisis
Infra hospitium
Equitable estoppal

38. Law is whatever judges say it is...
Infra hospitium
Legal realism
Infra hospitium
Salmonella

39. Political - religious beliefs - and affiliations
420 to 700 hours depending on the regional unemployment rate
John Humphrey
Creed
Vicarious liability

40. What are the 5 tiers of the corporate structure.
Equitable estoppel
Positive law
Shareholders - board of directors - statutory officers - employees - and creditors
Easement

41. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Independent contractors - employees
Exemplary damages
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

42. Author of the 1948 Universal Declaration of Human Rights
Reiver
John Humphrey
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
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.

43. Within the walls of the inn
Infra hospitium
Innocent - negligent - fraudulent
Power of Attorney
Financial disloyalty - falsified qualifications - gross and continuing incompetence

44. The plaintiff has been injured upon the result of his own negligence
Uttering
Proximate cause of the injury
Contributory Negligence
Quantum merits

45. An advertisement is an example of this... lets people know that you are ready to accept offers
Invitation to treat
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.
$413 or 55% of the claimant's average insured earnings (whichever is less)
The 2 classes of servants

46. Law created by a person or body with authority to enact and enforce it
Positive Law
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Bona fide occupational requirement
Democratic rights to vote or run for election

47. When the police do not need a warrant to search your residence and/or business?
Thin Skull Rule
Duty to mitigate
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Arraignment

48. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
98%
Four purpose of sentencing
Positive law

49. 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.
Agent
Fiduciary Duty
Trademark infringement
E. Coli

50. 'To have the body'
Intentional - Unintentional
The 4 principles of Equal Pay legislation
Habeas corpus
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