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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. Law based on moral - religious or philosophical grounds
Bona fide occupational requirement
Contributory Negligence
Natural Law
Lie flat to distribute the force of the impact

2. Favoritism granted to relatives or friends regardless of merit
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Innocent - negligent - fraudulent
Nepotism
Consideration

3. A duty that cannot be given to someone else
Non delegable duty
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
Damages that are imposed to punish and to make an example of the offending party
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

4. The publication of a false statement about someone either verbally or in writing which damages their reputation
The items that should be included in a job description
Agent
Defamation
Absolute liability

5. Beyond a reasonable doubt is what probability
98%
John Humphrey
Open and notorious - unchallenged - exclusive - continuous
Salmonella

6. What are the two types of property?
Personal and real
General - Punitive - Exemplary
Acts of God - acts of a public enemy - guests' own negligence
Intentional - Unintentional

7. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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
Democratic rights to vote or run for election
Passing off

8. How can an employer escape alcohol misuse liability?
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.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Parol Evidence Rule
To 'perfect' a lien

9. An agreement by an offeror to leave an offer open for a specified period of time.
Option
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Absolute liability
Reasonable Person Test

10. Damages are awarded to compensate the injured party
General damages
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Actus reus
Damages that are imposed to punish and to make an example of the offending party

11. When 50 or more employees are laid off within 2 months.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Positive Law
Group termination
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

12. Accommodations that are not considered 'inns'.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Absolute liability
Defamation
Salmonella

13. Types of Damages
Merit
Equity financing - debt financing - sale of assets
General - Punitive - Exemplary
Good Samaritan Legislation

14. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Disclaimer
Restrictive covenant
The items that should be included in a job description
Unilateral Contract

15. A restriction placed on some aspect of land use.
Restrictive covenant
By Performance - By Agreement - By Frustration - By Operation of law
Habeas corpus
Independent contractors - employees

16. A right to use another's land for a specific purpose.
Equitable estoppal
Consideration
Trademark infringement
Easement

17. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Quantum meruit
Negligence
Natural Law

18. Law created by a person or body with authority to enact and enforce it
Positive Law
Option
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Non est factum

19. The amount he merits
Quantum merits
Independent contractors - employees
John Humphrey
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

20. When the police do not need a warrant to search your residence and/or business?
Boarding house - a rooming house - homes for seniors - and time-share arrangements
98%
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Good Samaritan Legislation

21. What would a careful - thoughtful person in the same circumstances have done
Instances under which an offer lapses
51% or 52%
Municipal government
Reasonable Person Test

22. 'It stands decided'
Trade mark
General - Punitive - Exemplary
Defenses to intentional Torts
Stare decisis

23. Political - religious beliefs - and affiliations
6 primary purposes of tort law
Players in the legal system
Creed
Price fixing

24. 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
Option
Good Samaritan Legislation
Thin Skull Rule

25. 5 possible consequences if you default on your mortgage?
Consideration
Duty to mitigate
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Injurious Falsehood

26. Three types of offences
Floating charge
The parol evidence rule
Summary conviction - indictable - and hybrid
Instances under which an offer lapses

27. A promise for an action
Negligence
John Humphrey
Bona fide occupational requirement
Unilateral Contract

28. Res ipsa loquitur

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29. The period of time required to pay off the principal completely at a set interest rate.
Passing off
Noncompetition/nonsolicitation clauses
Amortization
Uttering

30. Balance of probability needed to win a civil case
Proximate cause of the injury
The owner
Food and Drugs Act
51% or 52%

31. Once a contract is written - it cannot be changed without the consent of both parties
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
Option
Instances under which an offer lapses
Parol Evidence Rule

32. What are the five stages of a civil action?
Negligence
Option
Pleadings - discoveries - pretrial and or mediation - trial - appeals
To 'perfect' a lien

33. The plaintiff has been injured upon the result of his own negligence
Royal prerogatives
Thin Skull Rule
Contributory Negligence
Uttering

34. What must be established to substantiate a claim for bailment?
Repudiation - Sabotage - Failure to perform
Shareholders - board of directors - statutory officers - employees - and creditors
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.
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. Author of the Universal Declaration of Human Rights
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
Summary conviction - indictable - and hybrid
Equity financing - debt financing - sale of assets

36. Which of the following rights does the Charter guarantee only to citizens of Canada
John Humphrey
Democratic rights to vote or run for election
Section 33 of the Charter
Gratuitous bailment

37. The exchange of benefits; the price a party pays for the promise
Absolute liability
Discoveries Stage
Natural Law
Consideration

38. When two or more suppliers conspire to set prices.
Repudiation - sabotage - failure to perform
Price fixing
Open and notorious - unchallenged - exclusive - continuous
Consideration

39. 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
Summary conviction (minor) - indictable (serious) - hybrid
Municipal government
The 4 principles of Equal Pay legislation

40. What does real property include?
Defamation
Land - buildings - fixtures
Slander and Libel
51% or 52%

41. 'To have the body'
E. Coli
Habeas corpus
Equitable estoppel
Positive Law

42. Stages of a civil action
Infra hospitium
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
The 2 classes of servants
Equitable estoppel

43. You shall have the body
Habeas corpus
Reasonable Person Test
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Express deposit

44. What are exemplary damages?
Summary conviction - indictable - and hybrid
Damages that are imposed to punish and to make an example of the offending party
Defamation
E. Coli

45. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Restrictive covenant
Defenses to intentional Torts
Exceptions to the privity of contract rule
Gratuitous bailment

46. This type of document is an attempt by one party to unilaterally impose on the other the terms specified in the waiver.
Personal and real
Theft of services
Disclaimer
Absolute liability

47. Damages imposed to make an example of the wrongdoer
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Exemplary damages
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
E. Coli

48. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
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.
Notary
Habeas corpus
Exceptions to the privity of contract rule

49. The price a party pays for the promise.
Floating charge
Duty to mitigate
Consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

50. This relationship exists when one person has the power to affect another person's property or legal interests
Fiduciary Duty
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Bona fide occupational requirement
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return