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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. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
General - Punitive - Exemplary
Negligence Per se
Independent contractors - employees
Land - buildings - fixtures

2. Discrimination that is actually encouraged in our society
Intentional torts
Trademark infringement
Merit
Legal realism

3. 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 parol evidence rule
Proximate cause of the injury
Players in the legal system
Instances under which an offer lapses

4. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Non delegable duty
Noncompetition/nonsolicitation clauses
Municipal government
Sunset Clause

5. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Equity financing - debt financing - sale of assets
Financial disloyalty - falsified qualifications - gross and continuing incompetence
The kinds of misrepresentation

6. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
E. Coli
The 2 classes of servants
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

7. Alcohol misuse under the Liquor License Act
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Innocent - negligent - fraudulent

8. Circumstances in which the authorities do not need a warrant to search your premises
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
Trade mark
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Food and Drugs Act

9. Beyond a reasonable doubt is what probability
98%
Noncompetition/nonsolicitation clauses
Unconscionable transactions
Quantum meruit

10. An agreement by an offeror to leave an offer open for a specified period of time
Personal and real
Four purpose of sentencing
Option
1) in the office - 2) every guestroom - and 3) public rooms (area).

11. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Acts of God - acts of a public enemy - guests' own negligence
Exemplary damages
Types of contracts which must be in writing
51% or 52%

12. Another word for 'reafian'?
Reiver
Stare decisis
Independent contractors - employees
Four purpose of sentencing

13. This person acts on behalf of the principal
Agent
Slander and Libel
The 4 principles of Equal Pay legislation
The owner

14. 'Reasonable worth of the good'
Quantum meruit
Landlord-tenant
Proximate cause of the injury
'The thing speaks for itself'

15. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Acts of God - acts of a public enemy - guests' own negligence
Amortization
Disclaimer
John Humphrey

16. Law is whatever judges say it is...
Positive Law
Legal realism
Summary conviction - indictable - and hybrid
1) in the office - 2) every guestroom - and 3) public rooms (area).

17. List the 3 subtle signs of intoxication.
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Notary
Absolute liability

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

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19. What is the maximum weekly EI benefit?

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20. Legal responsibility for the negligence of another person
Legal realism
Players in the legal system
Equitable estoppal
Vicarious liability

21. 5 possible consequences if you default on your mortgage?
Players in the legal system
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Neighbour principle
Open and notorious - unchallenged - exclusive - continuous

22. Balance of probability needed to win a civil case
51% or 52%
Players in the legal system
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Non est factum

23. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Easement
Vicarious liability
Mens rea

24. Author of the 1948 Universal Declaration of Human Rights
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Salmonella
John Humphrey
Equitable estoppal

25. Latin term for 'It is not my deed
General damages
Thin Skull Rule
Trade mark
Non est factum

26. Law based on moral - religious or philosophical grounds
Summary conviction - Indictable - Hybrid
Duty to mitigate
Theft of services
Natural Law

27. A duty that cannot be given to someone else
Non delegable duty
Specific deterrence - general deterrence - rehabilitation - protection of the public
Damages that are imposed to punish and to make an example of the offending party
Group termination

28. Food Poisoning from chicken
Salmonella
Power of Attorney
Infra hospitium
Thin Skull Rule

29. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Quantum merits
Repudiation - Sabotage - Failure to perform
Negligence

30. Latin term for within or on the premises of the inn (extension of the inn).
6 primary purposes of tort law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Infra hospitium
Private law

31. 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
Sole proprietorship - partnership - and corporations
Surcharge
4 items that should be included in the job description

32. A plaintiff is partly or solely the cause of his or her own injury
Contributory negligence
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.
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Equity financing - debt financing - sale of assets

33. Which of the following rights does the Charter guarantee only to citizens of Canada
Damages that are imposed to punish and to make an example of the offending party
E. Coli
Democratic rights to vote or run for election
John Humphrey

34. Who owns mislaid property?
Contributory Negligence
The owner
Reasonable Person Test
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

35. 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
Disclaimer
Royal prerogatives
Negligent Misrepresentation
Notary

36. Regulation - deterrence - compensation - dispute resolution - education and prevention
Power of attorney
6 primary purposes of tort law
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Legal realism

37. What are three ways a contract is breached?
Repudiation - sabotage - failure to perform
Res ipsa loquitar
Food and Drugs Act
Legal realism

38. 3 types of offenses in a criminal procedure
'The thing speaks for itself'
Summary conviction - Indictable - Hybrid
Acts of God - acts of a public enemy - guests' own negligence
Power of attorney

39. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
The 2 classes of servants
Unconscionable transactions
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
Uttering

40. 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
Exceptions to the privity of contract rule
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The 4 principles of Equal Pay legislation

41. A crime consisting of the use of services - such as a hotel room or a restaurant meal - with the intent of avoiding payment and the act of failing to pay.
Neighbour principle
Theft of services
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Exceptions to the privity of contract rule

42. Food poisoning from hamburger
E. Coli
Negligence Per se
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

43. list 4 elements of bailment
Power of Attorney
Four purpose of sentencing
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
98%

44. A person who becomes ill but did not pay for the meal can sue the establishment
Summary conviction (minor) - indictable (serious) - hybrid
Passing off
Neighbour principle
Prima facie

45. Accommodations that are not considered 'inns'.
The items that should be included in a job description
By Performance - By Agreement - By Frustration - By Operation of law
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Boarding house - a rooming house - homes for seniors - and time-share arrangements

46. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Theft of services
Shareholders - board of directors - statutory officers - employees - and creditors
Floating charge
Independent contractors - employees

47. 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?
The 4 principles of Equal Pay legislation
Breach of contract
Vicarious liability
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

48. Most difficult element of negligence to prove
Private law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Absolute liability

49. What does BFOR stand for?
The items that should be included in a job description
51% or 52%
Power of attorney
Bona fide occupational requirement

50. 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
The items that should be included in a job description
The kinds of misrepresentation
Financial disloyalty - falsified qualifications - gross and continuing incompetence