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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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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. Bailment for the sole benefit of the bailor.
Gratuitous bailment
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Passing off
4 items that should be included in the job description

2. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
420 to 700 hours depending on the regional unemployment rate
4 items that should be included in the job description
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.
Sunset Clause

3. Balance of probability needed to win a civil case
Duty to mitigate
51% or 52%
6 primary purposes of tort law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

4. Use of another company's business name or logo without permission.
Trademark infringement
$413 or 55% of the claimant's average insured earnings (whichever is less)
Injurious Falsehood
Non est factum

5. Notices of statutory provisions limiting liability be posted where?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Passing off
Natural Law
Lie flat to distribute the force of the impact

6. Spoken and written defamation
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Repudiation - Sabotage - Failure to perform
Slander and Libel
420 to 700 hours depending on the regional unemployment rate

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

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8. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Discoveries Stage
Surcharge
Amortization
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

9. Guilty mind.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Arraignment
Mens rea
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

10. Division of Lower Provincial Courts
Uttering
Reiver
Shareholders - board of directors - statutory officers - employees - and creditors
Criminal - Family - Youth - Small claims court

11. Three types of offences
Passing off
Breach of contract
Summary conviction - indictable - and hybrid
Trademark infringement

12. An agreement by an offeror to leave an offer open for a specified period of time.
Invitation to treat
Notary
By Performance - By Agreement - By Frustration - By Operation of law
Option

13. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Noncompetition/nonsolicitation clauses
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

14. 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
Ultra vires
Invitation to treat
Trademark infringement
Municipal government

15. Two kinds of negligence
Food and Drugs Act
Intentional - Unintentional
Private law
Summary conviction - Indictable - Hybrid

16. The division of law associated with interpersonal matters
Equitable estoppel
Constitution
Private law
Thin Skull Rule

17. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Repudiation - sabotage - failure to perform
98%
Negligence Per se

18. The amount he merits
Quantum merits
Res ipsa loquitar
Negligence
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

19. Guilty act in Latin.
Acts of God - acts of a public enemy - guests' own negligence
Agent
Actus reus
Floating charge

20. A document in which you appoint someone else to act on your behalf on issues that you specify. Issues usually include medical - business - and/ or legal dealings
Prima facie
Specific deterrence - general deterrence - rehabilitation - protection of the public
John Humphrey
Power of attorney

21. Circumstances in which the authorities do not need a warrant to search your premises
Quantum merits
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
John Humphrey

22. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
4 items that should be included in the job description
Innocent - negligent - fraudulent
Equitable estoppal
Gratuitous Promise

23. What are the 3 types of bailment?
Thin Skull Rule
Bona fide occupational requirement
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Exceptions to the privity of contract rule

24. Latin term for 'It is not my deed
Summary conviction - Indictable - Hybrid
Vicarious liability
Contributory Negligence
Non est factum

25. 'Reasonable worth of the good'
51% or 52%
Option
Quantum meruit
Theft of services

26. The price a party pays for the promise.
Consideration
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
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

27. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Slander and Libel
Amortization
Reasonable Person Test

28. Governor general and lieutenant governors
Discoveries Stage
Royal prerogatives
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Positive law

29. When the public is misled into believing that one company's goods or services are those a similar brand or product
Parol Evidence Rule
Consideration
1) in the office - 2) every guestroom - and 3) public rooms (area).
Passing off

30. 5 reasons for evicting a guest.
Exemplary damages
Defamation
Vicarious Liability
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.

31. 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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Trade mark
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Noncompetition/nonsolicitation clauses

32. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Natural Law
Quantum meruit
Exceptions to the privity of contract rule
Contributory negligence

33. You shall have the body
Ultra vires
Specific deterrence - general deterrence - rehabilitation - protection of the public
Habeas corpus
Vicarious liability

34. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Factoring
Positive Law
Salmonella

35. What are the three kinds of misrepresentation?
51% or 52%
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Infra hospitium
Innocent - negligent - fraudulent

36. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Infra hospitium
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Discoveries Stage

37. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Quantum merits

38. 'It stands decided'
Prima facie
Democratic rights to vote or run for election
Stare decisis
Non est factum

39. 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
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.
Good Samaritan Legislation
$413 or 55% of the claimant's average insured earnings (whichever is less)
Common - mutual and unilateral.

40. A restriction placed on some aspect of land use.
Restrictive covenant
Sole proprietorship - partnership - and corporations
Royal prerogatives
Creed

41. First stage in a criminal court procedure
4 items that should be included in the job description
Infra hospitium
Arraignment
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

42. Amount added on to a usual charge for a specific product - purpose - or service.
Sole proprietorship - partnership - and corporations
Reiver
Non delegable duty
Surcharge

43. list 4 elements of bailment
Invitation to treat
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
$413 or 55% of the claimant's average insured earnings (whichever is less)
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

44. Laws duly enacted by a person or body having the authority to enact and enforce them.
Positive law
Floating charge
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Amortization

45. Latin term for within or on the premises of the inn (extension of the inn).
Exemplary damages
Common - mutual and unilateral.
Infra hospitium
Surcharge

46. 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
The kinds of misrepresentation
Players in the legal system
Personal and real

47. Someone who certifies documents - but does not draft documents
Notary
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Group termination
To 'perfect' a lien

48. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Habeas corpus
Negligence
Absolute liability
Non est factum

49. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Constitution
Notary
Defenses to intentional Torts
E. Coli

50. What are the two types of property?
Personal and real
1) in the office - 2) every guestroom - and 3) public rooms (area).
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Instances under which an offer lapses