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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. Within the walls of the inn
Summary conviction - Indictable - Hybrid
Infra hospitium
Contributory negligence
Habeas corpus

2. Regulation - deterrence - compensation - dispute resolution - education and prevention
Ultra vires
Fiduciary Duty
6 primary purposes of tort law
Unilateral Contract

3. Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location.
Actus reus
John Humphrey
Noncompetition/nonsolicitation clauses
Innocent - negligent - fraudulent

4. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Parol Evidence Rule
Food and Drugs Act
Absolute liability
Types of contracts which must be in writing

5. List the 3 subtle signs of intoxication.
Neighbour principle
Infra hospitium
The 2 classes of servants
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

6. How can an employer escape alcohol misuse liability?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Prima facie
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.
Types of contracts which must be in writing

7. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Unconscionable transactions
Negligence
Merit
Creed

8. Under contract law - list the three types of mistake the law recognizes.
4 items that should be included in the job description
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Common - mutual and unilateral.
Nepotism

9. 'It stands decided'
Sole proprietorship - partnership - and corporations
Stare decisis
Negligence
Invitation to treat

10. The plaintiff has been injured upon the result of his own negligence
Non est factum
Landlord-tenant
Contributory Negligence
Express deposit

11. The amount he merits
Passing off
$413 or 55% of the claimant's average insured earnings (whichever is less)
Quantum merits
1) in the office - 2) every guestroom - and 3) public rooms (area).

12. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Quantum meruit
Duty to mitigate
Salmonella
Independent contractors - employees

13. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Equity financing - debt financing - sale of assets
Noncompetition/nonsolicitation clauses
Prima facie
Constitution

14. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Easement
Equitable estoppal
Floating charge
Contributory negligence

15. An agreement by an offeror to leave an offer open for a specified period of time
Option
Theft of services
Fiduciary Duty
Uttering

16. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Contributory Negligence
Negligent Misrepresentation

17. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Noncompetition/nonsolicitation clauses
Consideration

18. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Easement
Defenses to intentional Torts
The owner
John Humphrey

19. 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?
Disclaimer
Exceptions to the privity of contract rule
Breach of contract
Sole proprietorship - partnership - and corporations

20. When two or more suppliers conspire to set prices.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Price fixing
Passing off
Prima facie

21. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Sunset Clause
Discoveries Stage
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Good Samaritan Legislation

22. Who owns mislaid property?
The owner
Infra hospitium
Sole proprietorship - partnership - and corporations
Sunset Clause

23. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Price fixing
Duty to mitigate
Sole proprietorship - partnership - and corporations

24. A promise for an action
Creed
Defamation
Price fixing
Unilateral Contract

25. Author of the 1948 Universal Declaration of Human Rights
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
E. Coli
Power of attorney
John Humphrey

26. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Discoveries Stage
6 primary purposes of tort law
Duty to mitigate

27. An agreement by an offeror to leave an offer open for a specified period of time.
Shareholders - board of directors - statutory officers - employees - and creditors
Option
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Acts of God - acts of a public enemy - guests' own negligence

28. Legislators - judges - jurors - lawyers - clients and police
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Negligence Per se
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.
Players in the legal system

29. Fundamental freedoms in Section 2 of the Charter
Legal realism
6 primary purposes of tort law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Four purpose of sentencing

30. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Summary conviction - Indictable - Hybrid
Instances under which an offer lapses
Non est factum
Defenses to intentional Torts

31. When the public is misled into believing that one company's goods or services are those a similar brand or product
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.
Passing off
'The thing speaks for itself'
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

32. How contracts can be discharged
Factoring
Food and Drugs Act
Ultra vires
By Performance - By Agreement - By Frustration - By Operation of law

33. A right to use another's land for a specific purpose.
Nepotism
Substantive Law
Easement
Unconscionable transactions

34. Laws duly enacted by a person or body having the authority to enact and enforce them.
Innocent - negligent - fraudulent
Positive law
To 'perfect' a lien
Criminal - Family - Youth - Small claims court

35. First stage in a criminal court procedure
Arraignment
Actus reus
Exemplary damages
Specific deterrence - general deterrence - rehabilitation - protection of the public

36. Damages are awarded to compensate the injured party
Express deposit
Sole proprietorship - partnership - and corporations
General damages
Res ipsa loquitar

37. The most difficult element of negligence to prove
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
Creed
Slander and Libel
Proximate cause of the injury

38. Someone who certifies documents - but does not draft documents
Notary
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Duty to mitigate

39. 'Reasonable worth of the good'
4 items that should be included in the job description
Quantum meruit
Duty to mitigate
Duty to mitigate

40. 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
Intentional - Unintentional
Invitation to treat
Vicarious Liability
Summary conviction - indictable - and hybrid

41. The period of time required to pay off the principal completely at a set interest rate.
Instances under which an offer lapses
Good Samaritan Legislation
Prima facie
Amortization

42. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
420 to 700 hours depending on the regional unemployment rate
The parol evidence rule
Intentional - Unintentional
Negligence Per se

43. Types of Damages
Defenses to intentional Torts
Intentional torts
General - Punitive - Exemplary
Parol Evidence Rule

44. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Habeas corpus
Absolute liability
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Independent contractors - employees

45. List remedies one would expect when a contract is breached
Criminal - Family - Youth - Small claims court
Shareholders - board of directors - statutory officers - employees - and creditors
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Easement

46. Political - religious beliefs - and affiliations
Ultra vires
The owner
Creed
Habeas corpus

47. What is the maximum weekly EI benefit?

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48. 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
Defenses to intentional Torts
Negligent Misrepresentation
1) in the office - 2) every guestroom - and 3) public rooms (area).
Royal prerogatives

49. 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
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
Legal realism
Disclaimer

50. 'To have the body'
The 2 classes of servants
Habeas corpus
Bona fide occupational requirement
Consideration