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Hospitality Law

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Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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1. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
6 primary purposes of tort law
Contributory negligence
Absolute liability

2. The price a party pays for the promise.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Consideration
Equity financing - debt financing - sale of assets
Summary conviction (minor) - indictable (serious) - hybrid

3. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Thin Skull Rule
Repudiation - Sabotage - Failure to perform
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
4 items that should be included in the job description

4. What must be established to substantiate a claim for bailment?
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
Express deposit
Reasons a contract may be impeached
Positive law

5. Food Poisoning from chicken
Sunset Clause
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Salmonella
Surcharge

6. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Types of contracts which must be in writing
Prima facie
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

7. 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
Creed
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.
The 4 principles of Equal Pay legislation
Neighbour principle

8. Guilty act in Latin.
Common - mutual and unilateral.
Stare decisis
Actus reus
Vicarious liability

9. Law based on moral - religious or philosophical grounds
Neighbour principle
Exceptions to the privity of contract rule
Natural Law
1) in the office - 2) every guestroom - and 3) public rooms (area).

10. 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.
By Performance - By Agreement - By Frustration - By Operation of law
Summary conviction (minor) - indictable (serious) - hybrid
Theft of services
Arraignment

11. An agreement by an offeror to leave an offer open for a specified period of time.
Passing off
Option
By Performance - By Agreement - By Frustration - By Operation of law
Slander and Libel

12. Someone who certifies documents - but does not draft documents
Ultra vires
Lie flat to distribute the force of the impact
Notary
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

13. What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Breach of contract
Passing off
Thin Skull Rule

14. 3 types of offenses in a criminal procedure
Absolute liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Bona fide occupational requirement
Summary conviction - Indictable - Hybrid

15. What does real property include?
Salmonella
Land - buildings - fixtures
Summary conviction - Indictable - Hybrid
Disclaimer

16. Use of another company's business name or logo without permission.
Non delegable duty
Trademark infringement
Common - mutual and unilateral.
The owner

17. Guilty mind.
'The thing speaks for itself'
Non est factum
Mens rea
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.

18. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Positive law
Vicarious Liability

19. Another word for 'reafian'?
1) in the office - 2) every guestroom - and 3) public rooms (area).
Reiver
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Injurious Falsehood

20. Law created by a person or body with authority to enact and enforce it
Positive Law
Infra hospitium
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Duty to mitigate

21. What does BFOR stand for?
Instances under which an offer lapses
Breach of contract
Duty to mitigate
Bona fide occupational requirement

22. Latin for guilty act and guilty mind
Actus reus and Mens rea
Arraignment
Consideration
Types of contracts which must be in writing

23. A plaintiff is partly or solely the cause of his or her own injury
To 'perfect' a lien
Salmonella
Contributory negligence
Equity financing - debt financing - sale of assets

24. what are the four purposes of sentencing?
Slander and Libel
Specific deterrence - general deterrence - rehabilitation - protection of the public
General - Punitive - Exemplary
Summary conviction - indictable - and hybrid

25. The division of law associated with interpersonal matters
Private law
Breach of contract
Equitable estoppal
The items that should be included in a job description

26. A duty that cannot be given to someone else
Thin Skull Rule
Fiduciary Duty
Intentional torts
Non delegable duty

27. What are three ways a contract is breached
Passing off
Innocent - negligent - fraudulent
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Repudiation - Sabotage - Failure to perform

28. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
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
Lie flat to distribute the force of the impact
Sunset Clause
Mens rea

29. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
1) in the office - 2) every guestroom - and 3) public rooms (area).
Intentional torts
Exceptions to the privity of contract rule
John Humphrey

30. Author of the Universal Declaration of Human Rights
Quantum meruit
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.
John Humphrey
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

31. Balance of probability needed to win a civil case
Gratuitous Promise
Private law
51% or 52%
Parol Evidence Rule

32. What are the three kinds of misrepresentation?
Trade mark
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Agent
Innocent - negligent - fraudulent

33. Stages of a civil action
Section 33 of the Charter
Proximate cause of the injury
Easement
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

34. Which of the following rights does the Charter guarantee only to citizens of Canada
Democratic rights to vote or run for election
Power of attorney
Positive law
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

35. A person who becomes ill but did not pay for the meal can sue the establishment
1) in the office - 2) every guestroom - and 3) public rooms (area).
Instances under which an offer lapses
Neighbour principle
Gratuitous Promise

36. What are the five stages of a civil action?
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Equitable estoppel
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The kinds of misrepresentation

37. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Passing off
Consideration
Stare decisis

38. List the 4 conditions of adverse possession. (squatter's rights)
Agent
Absolute liability
Substantive Law
Open and notorious - unchallenged - exclusive - continuous

39. Author of the 1948 Universal Declaration of Human Rights
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
Equitable estoppel
Agent

40. Fundamental freedoms in Section 2 of the Charter
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Types of contracts which must be in writing
John Humphrey
Negligence Per se

41. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Intentional - Unintentional
Negligence
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Theft of services

42. Food poisoning from hamburger
Personal and real
E. Coli
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

43. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Food and Drugs Act
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Good Samaritan Legislation
The kinds of misrepresentation

44. How can an employer escape alcohol misuse liability?
Consideration
6 primary purposes of tort law
Option
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.

45. Latin for 'the thing speaks for itself'
Passing off
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
Independent contractors - employees
Res ipsa loquitar

46. 2 classes of servants.
Absolute liability
Independent contractors - employees
Slander and Libel
Thin Skull Rule

47. The plaintiff has been injured upon the result of his own negligence
Contributory Negligence
E. Coli
Injurious Falsehood
Four purpose of sentencing

48. Bailment for the sole benefit of the bailor.
Good Samaritan Legislation
Express deposit
Food and Drugs Act
Gratuitous bailment

49. In a criminal procedure list the 3 types of offenses
Intentional - Unintentional
Sunset Clause
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.
Summary conviction (minor) - indictable (serious) - hybrid

50. Selling accounts receivable at a discount.
Exceptions to the privity of contract rule
Boarding house - a rooming house - homes for seniors - and time-share arrangements
$413 or 55% of the claimant's average insured earnings (whichever is less)
Factoring

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