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Hospitality Law

Instructions:

Answer 50 questions in 15 minutes.
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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. What are the 5 tiers of the corporate structure.
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Democratic rights to vote or run for election
Summary conviction (minor) - indictable (serious) - hybrid
Shareholders - board of directors - statutory officers - employees - and creditors

2. Balance of probability needed to win a civil case
Common - mutual and unilateral.
Factoring
51% or 52%
Passing off

3. First stage in a criminal court procedure
To 'perfect' a lien
Negligence Per se
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Arraignment

4. 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.
Noncompetition/nonsolicitation clauses
Thin Skull Rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

5. What are the 3 types of bailment?
Royal prerogatives
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.
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.
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

6. Food Poisoning from chicken
Consideration
Floating charge
Positive law
Salmonella

7. Notices of statutory provisions limiting liability be posted where?
Theft of services
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

8. Under contract law - list the three types of mistake the law recognizes.
Sole proprietorship - partnership - and corporations
Option
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Common - mutual and unilateral.

9. 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
Negligence
Good Samaritan Legislation
The 4 principles of Equal Pay legislation
Private law

10. 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
The items that should be included in a job description
Power of attorney
Theft of services
Positive law

11. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Private law
Damages that are imposed to punish and to make an example of the offending party
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

12. Alcohol misuse under the Liquor License Act
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Positive Law
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

13. The most difficult element of negligence to prove
Proximate cause of the injury
Land - buildings - fixtures
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
The kinds of misrepresentation

14. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Power of Attorney
Summary conviction (minor) - indictable (serious) - hybrid
Four purpose of sentencing

15. What are the five stages of a civil action?
Exceptions to the privity of contract rule
Parol Evidence Rule
Stare decisis
Pleadings - discoveries - pretrial and or mediation - trial - appeals

16. What are the three kinds of misrepresentation?
Quantum meruit
Defamation
Independent contractors - employees
Innocent - negligent - fraudulent

17. Amount added on to a usual charge for a specific product - purpose - or service.
Repudiation - Sabotage - Failure to perform
Thin Skull Rule
Surcharge
6 primary purposes of tort law

18. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Ultra vires
John Humphrey
Absolute liability

19. Law is whatever judges say it is...
Legal realism
6 primary purposes of tort law
Equitable estoppal
Types of contracts which must be in writing

20. This relationship exists when one person has the power to affect another person's property or legal interests
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Good Samaritan Legislation
Fiduciary Duty
420 to 700 hours depending on the regional unemployment rate

21. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Price fixing
Consideration
Non est factum
Negligence Per se

22. Legal responsibility for the negligence of another person. Legal doctrine that assigns liability for an injury to a person who did not cause the injury but Who has a particular legal relationship to the person who did act negligently
Positive law
Vicarious Liability
Res ipsa loquitar
Power of attorney

23. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Section 33 of the Charter
Disclaimer
Vicarious liability
Habeas corpus

24. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Contributory negligence
The parol evidence rule
Intentional - Unintentional

25. Discrimination that is actually encouraged in our society
The 2 classes of servants
Merit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

26. A plaintiff is partly or solely the cause of his or her own injury.
Absolute liability
Contributory negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Repudiation - Sabotage - Failure to perform

27. Fundamental freedoms in Section 2 of the Charter
$413 or 55% of the claimant's average insured earnings (whichever is less)
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
Quantum meruit

28. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
The 4 principles of Equal Pay legislation
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Landlord-tenant
Defamation

29. Circumstances in which the authorities do not need a warrant to search your premises
Defenses to intentional Torts
Private law
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Floating charge

30. Spoken and written defamation
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Shareholders - board of directors - statutory officers - employees - and creditors
Slander and Libel
Gratuitous bailment

31. It is not my deed
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Noncompetition/nonsolicitation clauses
Non est factum
The owner

32. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Consideration
Thin Skull Rule
Parol Evidence Rule
Duty to mitigate

33. 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
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
John Humphrey
Ultra vires
Arraignment

34. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Invitation to treat
Option
Thin Skull Rule
4 items that should be included in the job description

35. A plaintiff is partly or solely the cause of his or her own injury
Prima facie
Restrictive covenant
Contributory negligence
Fiduciary Duty

36. Legal responsibility for the negligence of another person
Vicarious liability
Municipal government
Bona fide occupational requirement
Non delegable duty

37. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Exceptions to the privity of contract rule
The 4 principles of Equal Pay legislation
Equitable estoppel
Absolute liability

38. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Reasons a contract may be impeached
Discoveries Stage
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Creed

39. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Four purpose of sentencing
Exceptions to the privity of contract rule
Land - buildings - fixtures
Constitution

40. Conditions for rightful dismissal.
Unilateral Contract
Merit
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Acts of God - acts of a public enemy - guests' own negligence

41. Legislators - judges - jurors - lawyers - clients and police
Equity financing - debt financing - sale of assets
Instances under which an offer lapses
Players in the legal system
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

42. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Contributory negligence
To 'perfect' a lien
Mens rea
Passing off

43. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
4 items that should be included in the job description
Trademark infringement
Constitution

44. Independent contractors and employees.
Sole proprietorship - partnership - and corporations
Negligence Per se
Common - mutual and unilateral.
The 2 classes of servants

45. An agreement by an offeror to leave an offer open for a specified period of time.
Innocent - negligent - fraudulent
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Option
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

46. Types of Damages
The owner
To 'perfect' a lien
General - Punitive - Exemplary
Defamation

47. Law created by a person or body with authority to enact and enforce it
Positive Law
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Food and Drugs Act
Open and notorious - unchallenged - exclusive - continuous

48. How contracts can be discharged
Four purpose of sentencing
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
By Performance - By Agreement - By Frustration - By Operation of law
Natural Law

49. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Types of contracts which must be in writing
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Amortization
Express deposit

50. Beyond a reasonable doubt is what probability
Summary conviction - Indictable - Hybrid
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
98%
Non est factum