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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. Food poisoning from hamburger
Absolute liability
E. Coli
Land - buildings - fixtures
Nepotism

2. Promises made without consideration
Option
The 4 principles of Equal Pay legislation
Gratuitous Promise
Acts of God - acts of a public enemy - guests' own negligence

3. The price a party pays for the promise.
Consideration
Lie flat to distribute the force of the impact
Factoring
John Humphrey

4. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
The owner
Summary conviction - Indictable - Hybrid
Slander and Libel

5. Amount added on to a usual charge for a specific product - purpose - or service.
Constitution
Surcharge
Four purpose of sentencing
Acts of God - acts of a public enemy - guests' own negligence

6. 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
John Humphrey
Passing off
Players in the legal system

7. 'To have the body'
Independent contractors - employees
Habeas corpus
By Performance - By Agreement - By Frustration - By Operation of law
1) in the office - 2) every guestroom - and 3) public rooms (area).

8. List the 4 conditions of adverse possession. (squatter's rights)
Passing off
Defamation
Open and notorious - unchallenged - exclusive - continuous
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

9. Alcohol misuse under the Liquor License Act
Substantive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
1) in the office - 2) every guestroom - and 3) public rooms (area).
Actus reus

10. Stages of a civil action
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Stare decisis
Sole proprietorship - partnership - and corporations

11. When the public is misled into believing that one company's goods or services are those a similar brand or product
Reasonable Person Test
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Passing off
Summary conviction - indictable - and hybrid

12. Damages are awarded to compensate the injured party
Private law
Thin Skull Rule
General damages
Independent contractors - employees

13. What are the five stages of a civil action?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Breach of contract
The items that should be included in a job description

14. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
The items that should be included in a job description
The owner
Instances under which an offer lapses

15. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
51% or 52%
Bona fide occupational requirement
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Landlord-tenant

16. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Trade mark
Disclaimer
4 items that should be included in the job description
Theft of services

17. A restriction placed on some aspect of land use.
Negligence Per se
Disclaimer
Exceptions to the privity of contract rule
Restrictive covenant

18. List the 3 subtle signs of intoxication.
Floating charge
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
'The thing speaks for itself'

19. When the public is misled into believing that one company's goods or services are those a similar brand or product.
The parol evidence rule
Types of contracts which must be in writing
Passing off
Arraignment

20. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
E. Coli
Theft of services
Discoveries Stage
Intentional - Unintentional

21. Division of Lower Provincial Courts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Criminal - Family - Youth - Small claims court
Surcharge
Passing off

22. Minimum amount of hours needed to be eligible for EI benefits.
Agent
General damages
Mens rea
420 to 700 hours depending on the regional unemployment rate

23. Under contract law - list the three types of mistake the law recognizes.
Habeas corpus
Common - mutual and unilateral.
6 primary purposes of tort law
Repudiation - sabotage - failure to perform

24. In a criminal procedure list the 3 types of offenses
Quantum meruit
Trade mark
Duty to mitigate
Summary conviction (minor) - indictable (serious) - hybrid

25. What does real property include?
Option
1) in the office - 2) every guestroom - and 3) public rooms (area).
Land - buildings - fixtures
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

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

27. The Charter is part of the ( ) - whereas the CHRA is a piece of federal legislation and therefore subject to change.
Duty to mitigate
Constitution
Easement
Habeas corpus

28. Most difficult element of negligence to prove
Private law
Royal prerogatives
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
51% or 52%

29. Legal responsibility for the negligence of another person
Players in the legal system
Vicarious liability
Specific deterrence - general deterrence - rehabilitation - protection of the public
Positive law

30. The exchange of benefits; the price a party pays for the promise
Power of Attorney
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
Consideration
Habeas corpus

31. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Unilateral Contract
Exceptions to the privity of contract rule
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
Summary conviction (minor) - indictable (serious) - hybrid

32. An agreement by an offeror to leave an offer open for a specified period of time.
Creed
Notary
Option
Damages that are imposed to punish and to make an example of the offending party

33. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Natural Law
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.
Habeas corpus

34. 'Reasonable worth of the good'
Consideration
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Quantum meruit
Damages that are imposed to punish and to make an example of the offending party

35. Two types of negligence
Intentional - Unintentional
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Players in the legal system

36. 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.
Contributory negligence
Express deposit
Intentional torts

37. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Constitution
The 2 classes of servants
The kinds of misrepresentation

38. Latin term for 'On the face of it'.
Prima facie
Municipal government
Actus reus
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

39. Spoken and written defamation
Discoveries Stage
Slander and Libel
Contributory negligence
Positive Law

40. 3 types of offenses in a criminal procedure
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Summary conviction (minor) - indictable (serious) - hybrid
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

41. Accommodations that are not considered 'inns'.
Criminal - Family - Youth - Small claims court
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Shareholders - board of directors - statutory officers - employees - and creditors
Actus reus and Mens rea

42. Use of another company's business name or logo without permission.
Trademark infringement
Merit
General - Punitive - Exemplary
Land - buildings - fixtures

43. What does BFOR stand for?
$413 or 55% of the claimant's average insured earnings (whichever is less)
Bona fide occupational requirement
Passing off
Infra hospitium

44. Three types of intangibles
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
Vicarious Liability
Res ipsa loquitar

45. 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?
Salmonella
Breach of contract
Uttering
Option

46. Once a contract is written - it cannot be changed without consent of both parties.
The parol evidence rule
The 2 classes of servants
Positive Law
Democratic rights to vote or run for election

47. This relationship exists when one person has the power to affect another person's property or legal interests
The parol evidence rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Fiduciary Duty
Intentional - Unintentional

48. Latin term for 'It is not my deed
Non est factum
Infra hospitium
Parol Evidence Rule
Merit

49. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Uttering
Disclaimer
Passing off
Democratic rights to vote or run for election

50. Another word for 'reafian'?
Prima facie
Reiver
Equitable estoppel
Non est factum