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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. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Parol Evidence Rule
Habeas corpus
Slander and Libel

2. An advertisement is an example of this... lets people know that you are ready to accept offers
Disclaimer
Landlord-tenant
Invitation to treat
Infra hospitium

3. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Slander and Libel
Positive Law
Open and notorious - unchallenged - exclusive - continuous

4. What are exemplary damages?
Consideration
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
Prima facie
Damages that are imposed to punish and to make an example of the offending party

5. Guilty act in Latin.
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.
Actus reus
The 4 principles of Equal Pay legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).

6. list 4 elements of bailment
Financial disloyalty - falsified qualifications - gross and continuing incompetence
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Quantum meruit

7. Types of Damages
Common - mutual and unilateral.
General - Punitive - Exemplary
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Natural Law

8. Legislators - judges - jurors - lawyers - clients and police
Reasons a contract may be impeached
Players in the legal system
Fiduciary Duty
Non est factum

9. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Breach of contract
The 4 principles of Equal Pay legislation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

10. 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.
Duty to mitigate
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Equitable estoppel
98%

11. Law is whatever judges say it is...
Ultra vires
Legal realism
Landlord-tenant
Positive law

12. Food poisoning from hamburger
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
E. Coli
Land - buildings - fixtures
Duty to mitigate

13. Selling accounts receivable at a discount.
The parol evidence rule
Parol Evidence Rule
Factoring
Vicarious Liability

14. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
6 primary purposes of tort law
Personal and real
Reasons a contract may be impeached
Constitution

15. It is not my deed
Vicarious liability
Personal and real
Intentional - Unintentional
Non est factum

16. 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
Instances under which an offer lapses
Good Samaritan Legislation
Express deposit
Breach of contract

17. Accommodations that are not considered 'inns'.
Open and notorious - unchallenged - exclusive - continuous
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Damages that are imposed to punish and to make an example of the offending party
Res ipsa loquitar

18. Law created by a person or body with authority to enact and enforce it
Intentional - Unintentional
Democratic rights to vote or run for election
Equitable estoppal
Positive Law

19. A restriction placed on some aspect of land use.
Restrictive covenant
Bona fide occupational requirement
Acts of God - acts of a public enemy - guests' own negligence
Mens rea

20. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
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.
Ultra vires
Reasonable Person Test

21. Res ipsa loquitur

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22. Surviving a falling elevator
Lie flat to distribute the force of the impact
Legal realism
Repudiation - Sabotage - Failure to perform
Notary

23. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Option
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

24. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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25. 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
The 4 principles of Equal Pay legislation
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Negligent Misrepresentation
Municipal government

26. Four methods to prevent potential legal action against your business.
Types of contracts which must be in writing
Option
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Agent

27. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Habeas corpus
Repudiation - Sabotage - Failure to perform
Merit

28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Duty to mitigate
Four purpose of sentencing
Intentional - Unintentional
Habeas corpus

29. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Municipal government
Specific deterrence - general deterrence - rehabilitation - protection of the public
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Disclaimer

30. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Open and notorious - unchallenged - exclusive - continuous
Neighbour principle
Unconscionable transactions
Legal realism

31. Defaming a business - a product or a property rather than a person.
Arraignment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Negligent Misrepresentation
Injurious Falsehood

32. An agreement by an offeror to leave an offer open for a specified period of time
Option
Habeas corpus
Surcharge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

33. Regulation - deterrence - compensation - dispute resolution - education and prevention
Landlord-tenant
Open and notorious - unchallenged - exclusive - continuous
Reasonable Person Test
6 primary purposes of tort law

34. 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.
Absolute liability
Summary conviction - Indictable - Hybrid
Intentional torts
Thin Skull Rule

35. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Fiduciary Duty
Sunset Clause
Instances under which an offer lapses

36. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Stare decisis
Reiver
Legal realism

37. Division of law that defines rights and remedies
Merit
Neighbour principle
Unilateral Contract
Substantive Law

38. Alcohol misuse under the Liquor License Act
Neighbour principle
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

39. Latin for guilty act and guilty mind
Actus reus and Mens rea
Reasonable Person Test
Consideration
Good Samaritan Legislation

40. Food Poisoning from chicken
Duty to mitigate
Salmonella
The kinds of misrepresentation
General - Punitive - Exemplary

41. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
The kinds of misrepresentation
Consideration
Unilateral Contract

42. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Infra hospitium
Proximate cause of the injury
Royal prerogatives

43. Bailment for the sole benefit of the bailor.
Defamation
Intentional - Unintentional
Gratuitous bailment
Financial disloyalty - falsified qualifications - gross and continuing incompetence

44. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
'The thing speaks for itself'
Creed
Passing off

45. What are three ways a contract is breached?
Reasons a contract may be impeached
Negligence Per se
Repudiation - sabotage - failure to perform
Common - mutual and unilateral.

46. When the public is misled into believing that one company's goods or services are those a similar brand or product.
By Performance - By Agreement - By Frustration - By Operation of law
Negligence Per se
Passing off
Express deposit

47. Beyond a reasonable doubt is what probability
The parol evidence rule
Passing off
98%
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

48. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Negligence Per se
Passing off
Unconscionable transactions

49. How contracts can be discharged
Absolute liability
Passing off
By Performance - By Agreement - By Frustration - By Operation of law
Players in the legal system

50. What are three ways a contract is breached
Theft of services
Passing off
Specific deterrence - general deterrence - rehabilitation - protection of the public
Repudiation - Sabotage - Failure to perform