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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. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Royal prerogatives
Innocent - negligent - fraudulent
Types of contracts which must be in writing
Contributory negligence

2. Who owns mislaid property?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Innocent - negligent - fraudulent
Non est factum
The owner

3. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Land - buildings - fixtures
Easement
Absolute liability
John Humphrey

4. Legal responsibility for the negligence of another person
Quantum merits
Acts of God - acts of a public enemy - guests' own negligence
Vicarious liability
Defamation

5. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Creed
Reasons a contract may be impeached
51% or 52%

6. In a criminal procedure list the 3 types of offenses
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Breach of contract

7. Conditions for rightful dismissal.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
General damages
John Humphrey
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

8. Three types of intangibles
Non delegable duty
Nepotism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

9. Law is whatever judges say it is...
Legal realism
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Food and Drugs Act
The parol evidence rule

10. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Infra hospitium
Injurious Falsehood
Absolute liability
Power of Attorney

11. Minimum amount of hours needed to be eligible for EI benefits.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
420 to 700 hours depending on the regional unemployment rate
Thin Skull Rule

12. What does real property include?
Democratic rights to vote or run for election
Actus reus and Mens rea
Specific deterrence - general deterrence - rehabilitation - protection of the public
Land - buildings - fixtures

13. Alcohol misuse under the Liquor License Act
Intentional - Unintentional
Substantive Law
$413 or 55% of the claimant's average insured earnings (whichever is less)
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

14. What are the three kinds of misrepresentation?
John Humphrey
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Duty to mitigate
Innocent - negligent - fraudulent

15. Division of Lower Provincial Courts
Non est factum
Criminal - Family - Youth - Small claims court
Actus reus and Mens rea
Slander and Libel

16. 5 reasons for evicting a guest.
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.
Habeas corpus
Intentional - Unintentional
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

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

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18. A plaintiff is partly or solely the cause of his or her own injury
Lie flat to distribute the force of the impact
Arraignment
Contributory negligence
Landlord-tenant

19. Spoken and written defamation
Slander and Libel
Acts of God - acts of a public enemy - guests' own negligence
Equitable estoppal
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

20. The amount he merits
Ultra vires
Quantum merits
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.
Fiduciary Duty

21. When a contract is breached - the injured party must do What is required to limit the losses they suffer.
Duty to mitigate
Repudiation - Sabotage - Failure to perform
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
51% or 52%

22. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
Common - mutual and unilateral.
Theft of services
E. Coli

23. What does BFOR stand for?
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Players in the legal system
Unilateral Contract
Bona fide occupational requirement

24. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
The kinds of misrepresentation
4 items that should be included in the job description
Repudiation - Sabotage - Failure to perform
Instances under which an offer lapses

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

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Duty to mitigate
Quantum merits
Parol Evidence Rule
Exceptions to the privity of contract rule

27. List remedies one would expect when a contract is breached
Non delegable duty
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Equitable estoppel

28. What are the 5 tiers of the corporate structure.
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Reiver
Shareholders - board of directors - statutory officers - employees - and creditors
Fiduciary Duty

29. Use of another company's business name or logo without permission.
Trade mark
Defenses to intentional Torts
Trademark infringement
Gratuitous bailment

30. Beyond a reasonable doubt is what probability
98%
6 primary purposes of tort law
General damages
Substantive Law

31. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Passing off
Types of contracts which must be in writing
Natural Law
Democratic rights to vote or run for election

32. Which of the following rights does the Charter guarantee only to citizens of Canada
Repudiation - Sabotage - Failure to perform
Contributory negligence
Democratic rights to vote or run for election
The 4 principles of Equal Pay legislation

33. A right to use another's land for a specific purpose.
Contributory negligence
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Substantive Law
Easement

34. Circumstances in which the authorities do not need a warrant to search your premises
The kinds of misrepresentation
Constitution
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

35. Accommodations that are not considered 'inns'.
Merit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Unconscionable transactions
Intentional - Unintentional

36. First stage in a criminal court procedure
Arraignment
The owner
Ultra vires
Section 33 of the Charter

37. List 5/6 items employers can expect from their employees
Sole proprietorship - partnership - and corporations
Contributory negligence
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Land - buildings - fixtures

38. What are the 3 types of bailment?
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.
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Neighbour principle

39. Latin for 'the thing speaks for itself'
Res ipsa loquitar
Actus reus
Disclaimer
Shareholders - board of directors - statutory officers - employees - and creditors

40. Stages of a civil action
Reiver
Shareholders - board of directors - statutory officers - employees - and creditors
Players in the legal system
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

41. Balance of probability needed to win a civil case
Duty to mitigate
Restrictive covenant
51% or 52%
Merit

42. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Floating charge
Open and notorious - unchallenged - exclusive - continuous
Discoveries Stage

43. It is not my deed
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Non est factum
Defenses to intentional Torts
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

44. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Habeas corpus
Duty to mitigate
4 items that should be included in the job description

45. When the police do not need a warrant to search your residence and/or business?
Intentional - Unintentional
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Power of Attorney
Pleadings - discoveries - pretrial and or mediation - trial - appeals

46. 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
Intentional torts
Res ipsa loquitar
The 4 principles of Equal Pay legislation
Prima facie

47. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Reasons a contract may be impeached
Types of contracts which must be in writing
Actus reus and Mens rea

48. 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
Constitution
Instances under which an offer lapses
Breach of contract

49. 2 classes of servants.
'The thing speaks for itself'
Breach of contract
Passing off
Independent contractors - employees

50. 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?
98%
Sunset Clause
Breach of contract
Natural Law