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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. How can an employer escape alcohol misuse liability?
Summary conviction (minor) - indictable (serious) - hybrid
Duty to mitigate
Municipal government
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.

2. 2 classes of servants.
Independent contractors - employees
Damages that are imposed to punish and to make an example of the offending party
Trademark infringement
The owner

3. Which of the following rights does the Charter guarantee only to citizens of Canada
Intentional - Unintentional
Notary
Democratic rights to vote or run for election
Personal and real

4. 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
Vicarious 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.
Infra hospitium
Common - mutual and unilateral.

5. Laws duly enacted by a person or body having the authority to enact and enforce them.
Actus reus and Mens rea
Positive law
Financial disloyalty - falsified qualifications - gross and continuing incompetence
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.

6. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Exceptions to the privity of contract rule
Legal realism
Mens rea

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

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8. An agreement by an offeror to leave an offer open for a specified period of time
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Repudiation - Sabotage - Failure to perform
Option
$413 or 55% of the claimant's average insured earnings (whichever is less)

9. Innocent - negligent and fraudulent
The kinds of misrepresentation
Infra hospitium
Mens rea
The 2 classes of servants

10. Under contract law - list the three types of mistake the law recognizes.
Slander and Libel
Common - mutual and unilateral.
Theft of services
Players in the legal system

11. 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?
Breach of contract
Power of attorney
Constitution
Surcharge

12. List 3 ways to finance a new or existing business.
Democratic rights to vote or run for election
6 primary purposes of tort law
Equity financing - debt financing - sale of assets
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

13. Three types of intangibles
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Uttering
Positive law
Positive Law

14. 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
Uttering
98%
E. Coli
Good Samaritan Legislation

15. Promises made without consideration
Gratuitous Promise
Intentional - Unintentional
Defamation
6 primary purposes of tort law

16. Notices of statutory provisions limiting liability be posted where?
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
1) in the office - 2) every guestroom - and 3) public rooms (area).
Theft of services
Slander and Libel

17. You shall have the body
Summary conviction (minor) - indictable (serious) - hybrid
Easement
Bona fide occupational requirement
Habeas corpus

18. A plaintiff is partly or solely the cause of his or her own injury
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Defenses to intentional Torts
Criminal - Family - Youth - Small claims court
Contributory negligence

19. Division of law that defines rights and remedies
Parol Evidence Rule
The kinds of misrepresentation
Substantive Law
Arraignment

20. Author of the 1948 Universal Declaration of Human Rights
General - Punitive - Exemplary
Option
John Humphrey
Passing off

21. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Reasonable Person Test
Disclaimer
Theft of services
Exceptions to the privity of contract rule

22. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Theft of services
Repudiation - sabotage - failure to perform
General - Punitive - Exemplary
Discoveries Stage

23. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Repudiation - Sabotage - Failure to perform
Fiduciary Duty
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Four purpose of sentencing

24. Once a contract is written - it cannot be changed without consent of both parties.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
The parol evidence rule
Personal and real
Constitution

25. Damages imposed to make an example of the wrongdoer
Reiver
Negligent Misrepresentation
Exemplary damages
Salmonella

26. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Group termination
98%
Reasons a contract may be impeached

27. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Bona fide occupational requirement
Damages that are imposed to punish and to make an example of the offending party
Unconscionable transactions
Players in the legal system

28. Discrimination that is actually encouraged in our society
Merit
Reasons a contract may be impeached
Substantive Law
Innocent - negligent - fraudulent

29. The division of law associated with interpersonal matters
Private 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.
Creed
Personal and real

30. First stage in a criminal court procedure
Duty to mitigate
4 items that should be included in the job description
Option
Arraignment

31. This person acts on behalf of the principal
Innocent - negligent - fraudulent
Agent
Good Samaritan Legislation
Passing off

32. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Duty to mitigate
Easement
Land - buildings - fixtures

33. Damages are awarded to compensate the injured party
Infra hospitium
Ultra vires
General damages
Equitable estoppel

34. A duty that cannot be given to someone else
Non delegable duty
Discoveries Stage
Equitable estoppel
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

35. What are three ways a contract is breached
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.
Repudiation - Sabotage - Failure to perform
Neighbour principle
Intentional - Unintentional

36. When the police do not need a warrant to search your residence and/or business?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
420 to 700 hours depending on the regional unemployment rate
Stare decisis
Section 33 of the Charter

37. Political - religious beliefs - and affiliations
Legal realism
Prima facie
Creed
Stare decisis

38. Selling accounts receivable at a discount.
Trade mark
Four purpose of sentencing
Factoring
Passing off

39. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Group termination
Parol Evidence Rule
Actus reus and Mens rea

40. A right to use another's land for a specific purpose.
Absolute liability
Non delegable duty
Easement
Positive Law

41. what are the four purposes of sentencing?
Unconscionable transactions
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Specific deterrence - general deterrence - rehabilitation - protection of the public
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

42. The exchange of benefits; the price a party pays for the promise
Consideration
The 2 classes of servants
Easement
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

43. Guilty mind.
John Humphrey
John Humphrey
Mens rea
Exceptions to the privity of contract rule

44. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Notary
Food and Drugs Act
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.

45. What is the maximum weekly EI benefit?

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46. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Option
Instances under which an offer lapses
Players in the legal system
4 items that should be included in the job description

47. What are the five stages of a civil action?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Open and notorious - unchallenged - exclusive - continuous
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Municipal government

48. The most difficult element of negligence to prove
Proximate cause of the injury
Democratic rights to vote or run for election
Salmonella
Habeas corpus

49. The level of government in charge of bylaws
Mens rea
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Municipal government
Legal realism

50. 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.
Intentional - Unintentional
Factoring
Democratic rights to vote or run for election
Noncompetition/nonsolicitation clauses