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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. List the 3 subtle signs of intoxication.
Municipal government
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
51% or 52%
1) in the office - 2) every guestroom - and 3) public rooms (area).

2. Use of another company's business name or logo without permission.
Trademark infringement
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Consideration
Damages that are imposed to punish and to make an example of the offending party

3. What does BFOR stand for?
Vicarious Liability
Intentional torts
Bona fide occupational requirement
Unilateral Contract

4. Res ipsa loquitur

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5. Surviving a falling elevator
Trade mark
Lie flat to distribute the force of the impact
Defamation
Habeas corpus

6. Two kinds of negligence
Thin Skull Rule
Municipal government
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Intentional - Unintentional

7. Accommodations that are not considered 'inns'.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Merit
Uttering

8. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Negligence
Passing off
Habeas corpus
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

9. A plaintiff is partly or solely the cause of his or her own injury.
Fiduciary Duty
Contributory negligence
Exemplary damages
Arraignment

10. 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
Landlord-tenant
The 2 classes of servants
Easement
Vicarious Liability

11. This person acts on behalf of the principal
Theft of services
Agent
Intentional - Unintentional
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

12. A right to use another's land for a specific purpose.
Non est factum
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Easement
Equitable estoppal

13. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Infra hospitium
Group termination
Duty to mitigate

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

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15. 'To have the body'
Habeas corpus
Surcharge
Types of contracts which must be in writing
Reasons a contract may be impeached

16. 5 reasons for evicting a guest.
Municipal government
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.
Unilateral Contract
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

17. The period of time required to pay off the principal completely at a set interest rate.
Mens rea
Amortization
Discoveries Stage
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

18. Conditions for rightful dismissal.
98%
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
The owner

19. Amount added on to a usual charge for a specific product - purpose - or service.
Absolute liability
Equity financing - debt financing - sale of assets
Surcharge
Landlord-tenant

20. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Exemplary damages
Food and Drugs Act
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

21. Alcohol misuse under the Liquor License Act
Reiver
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

22. Most difficult element of negligence to prove
Option
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Res ipsa loquitar
Vicarious Liability

23. A plaintiff is partly or solely the cause of his or her own injury
Duty to mitigate
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Option
Contributory negligence

24. Food Poisoning from chicken
Salmonella
Absolute liability
Negligent Misrepresentation
Defamation

25. Latin for 'the thing speaks for itself'
General damages
Absolute 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.
Res ipsa loquitar

26. 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.
Mens rea
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Noncompetition/nonsolicitation clauses
The owner

27. Spoken and written defamation
Positive law
Defamation
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Slander and Libel

28. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Exceptions to the privity of contract rule
Easement
Sole proprietorship - partnership - and corporations
Defenses to intentional Torts

29. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Common - mutual and unilateral.
Exceptions to the privity of contract rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements

30. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Substantive Law
Private law
The 4 principles of Equal Pay legislation
Power of Attorney

31. What are the 5 tiers of the corporate structure.
Legal realism
Theft of services
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Shareholders - board of directors - statutory officers - employees - and creditors

32. Selling accounts receivable at a discount.
'The thing speaks for itself'
Nepotism
Price fixing
Factoring

33. 'It stands decided'
Intentional - Unintentional
Stare decisis
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Four purpose of sentencing

34. 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
Good Samaritan Legislation
Arraignment
The items that should be included in a job description
$413 or 55% of the claimant's average insured earnings (whichever is less)

35. When two or more suppliers conspire to set prices.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Price fixing
Exemplary damages
Open and notorious - unchallenged - exclusive - continuous

36. Two types of negligence
Consideration
Invitation to treat
Intentional - Unintentional
Repudiation - Sabotage - Failure to perform

37. Damages are awarded to compensate the injured party
Option
General damages
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Prima facie

38. Damages imposed to make an example of the wrongdoer
Infra hospitium
Exemplary damages
Creed
Arraignment

39. A person who becomes ill but did not pay for the meal can sue the establishment
Equitable estoppal
Salmonella
Neighbour principle
Summary conviction - Indictable - Hybrid

40. Promises made without consideration
Gratuitous Promise
Open and notorious - unchallenged - exclusive - continuous
Actus reus
Repudiation - sabotage - failure to perform

41. Food poisoning from hamburger
Unconscionable transactions
Pleadings - discoveries - pretrial and or mediation - trial - appeals
E. Coli
Slander and Libel

42. When the public is misled into believing that one company's goods or services are those a similar brand or product
Four purpose of sentencing
Passing off
Non delegable duty
1) in the office - 2) every guestroom - and 3) public rooms (area).

43. Once a contract is written - it cannot be changed without consent of both parties.
John Humphrey
Creed
Restrictive covenant
The parol evidence rule

44. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Unilateral Contract
Sole proprietorship - partnership - and corporations
Landlord-tenant
Boarding house - a rooming house - homes for seniors - and time-share arrangements

45. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Defamation
Negligence
Express deposit
Common - mutual and unilateral.

46. It is not my deed
Shareholders - board of directors - statutory officers - employees - and creditors
Non est factum
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
John Humphrey

47. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Merit
Factoring
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

48. Beyond a reasonable doubt is what probability
Sunset Clause
Royal prerogatives
Municipal government
98%

49. 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.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Municipal government

50. Division of law that defines rights and remedies
Substantive Law
Non est factum
Exemplary damages
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not