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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. Allows a legislation to override the Charter
Gratuitous Promise
Section 33 of the Charter
John Humphrey
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

2. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Surcharge
Legal realism

3. Law is whatever judges say it is...
Legal realism
Private law
Equitable estoppel
Repudiation - Sabotage - Failure to perform

4. The level of government in charge of bylaws
Municipal government
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
Equity financing - debt financing - sale of assets
Noncompetition/nonsolicitation clauses

5. 'It stands decided'
Negligence Per se
Actus reus and Mens rea
Stare decisis
John Humphrey

6. Spoken and written defamation
Non delegable duty
Substantive Law
6 primary purposes of tort law
Slander and Libel

7. 'Reasonable worth of the good'
Damages that are imposed to punish and to make an example of the offending party
6 primary purposes of tort law
Repudiation - Sabotage - Failure to perform
Quantum meruit

8. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Negligent Misrepresentation
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
4 items that should be included in the job description
Exceptions to the privity of contract rule

9. Surviving a falling elevator
Salmonella
Criminal - Family - Youth - Small claims court
Lie flat to distribute the force of the impact
Creed

10. Amount added on to a usual charge for a specific product - purpose - or service.
Discoveries Stage
Surcharge
By Performance - By Agreement - By Frustration - By Operation of law
Floating charge

11. 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.
Gratuitous Promise
Equitable estoppel
Summary conviction - Indictable - Hybrid
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

12. When two or more suppliers conspire to set prices.
Consideration
Price fixing
1) in the office - 2) every guestroom - and 3) public rooms (area).
Quantum meruit

13. Someone who certifies documents - but does not draft documents
Municipal government
John Humphrey
Notary
Passing off

14. Which of the following rights does the Charter guarantee only to citizens of Canada
Option
Equitable estoppal
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
Democratic rights to vote or run for election

15. Use of another company's business name or logo without permission.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Trademark infringement
By Performance - By Agreement - By Frustration - By Operation of law
Common - mutual and unilateral.

16. Within the walls of the inn
6 primary purposes of tort law
Infra hospitium
Repudiation - Sabotage - Failure to perform
E. Coli

17. A written authorization to represent or act on another's behalf in private affairs - business - or some other legal matter
Consideration
Creed
Good Samaritan Legislation
Power of Attorney

18. Three types of offences
Option
Reasonable Person Test
Stare decisis
Summary conviction - indictable - and hybrid

19. Author of the 1948 Universal Declaration of Human Rights
John Humphrey
Unilateral Contract
Absolute liability
Vicarious Liability

20. What are three ways a contract is breached?
The items that should be included in a job description
Factoring
Repudiation - sabotage - failure to perform
Unconscionable transactions

21. Accommodations that are not considered 'inns'.
Injurious Falsehood
Ultra vires
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The owner

22. Balance of probability needed to win a civil case
51% or 52%
Trade mark
Group termination
Actus reus

23. Most difficult element of negligence to prove
Amortization
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
General damages
Defamation

24. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Slander and Libel
Municipal government
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Absolute liability

25. In a criminal procedure list the 3 types of offenses
Non est factum
Summary conviction (minor) - indictable (serious) - hybrid
Non delegable duty
Repudiation - Sabotage - Failure to perform

26. When the police do not need a warrant to search your residence and/or business?
Price fixing
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Amortization

27. Another word for 'reafian'?
Contributory negligence
Repudiation - sabotage - failure to perform
Reiver
Duty to mitigate

28. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
John Humphrey
Criminal - Family - Youth - Small claims court
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

29. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Surcharge
4 items that should be included in the job description
Quantum meruit

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

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31. what are the four purposes of sentencing?
Fiduciary Duty
Infra hospitium
Criminal - Family - Youth - Small claims court
Specific deterrence - general deterrence - rehabilitation - protection of the public

32. Notices of statutory provisions limiting liability be posted where?
Democratic rights to vote or run for election
Noncompetition/nonsolicitation clauses
Salmonella
1) in the office - 2) every guestroom - and 3) public rooms (area).

33. A right to use another's land for a specific purpose.
To 'perfect' a lien
Easement
The owner
General - Punitive - Exemplary

34. Types of Damages
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Gratuitous bailment
John Humphrey
General - Punitive - Exemplary

35. Innocent - negligent and fraudulent
Discoveries Stage
Personal and real
Express deposit
The kinds of misrepresentation

36. 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.
Reasonable Person Test
Gratuitous bailment
Infra hospitium

37. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Reasons a contract may be impeached
Vicarious liability
1) in the office - 2) every guestroom - and 3) public rooms (area).
Pleadings - discoveries - pretrial and or mediation - trial - appeals

38. An agreement by an offeror to leave an offer open for a specified period of time
Contributory negligence
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Option
Discoveries Stage

39. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
The 4 principles of Equal Pay legislation
1) in the office - 2) every guestroom - and 3) public rooms (area).
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
Equitable estoppal

40. The period of time required to pay off the principal completely at a set interest rate.
Amortization
Defamation
Shareholders - board of directors - statutory officers - employees - and creditors
Ultra vires

41. Damages imposed to make an example of the wrongdoer
$413 or 55% of the claimant's average insured earnings (whichever is less)
Restrictive covenant
Negligence
Exemplary damages

42. 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
Landlord-tenant
The 4 principles of Equal Pay legislation
Discoveries Stage
Salmonella

43. Who owns mislaid property?
Lie flat to distribute the force of the impact
The owner
Damages that are imposed to punish and to make an example of the offending party
Substantive Law

44. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Natural Law
Habeas corpus
Express deposit
Contributory negligence

45. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Reasonable Person Test
Intentional torts
Ultra vires
Price fixing

46. Independent contractors and employees.
The 2 classes of servants
Negligence Per se
Lie flat to distribute the force of the impact
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

47. You shall have the body
Types of contracts which must be in writing
John Humphrey
Contributory negligence
Habeas corpus

48. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Noncompetition/nonsolicitation clauses
Exceptions to the privity of contract rule
Passing off

49. Two kinds of negligence
Quantum meruit
Intentional - Unintentional
Bona fide occupational requirement
Royal prerogatives

50. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
The items that should be included in a job description
Stare decisis
Equity financing - debt financing - sale of assets
Infra hospitium