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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. This person acts on behalf of the principal
Shareholders - board of directors - statutory officers - employees - and creditors
Absolute liability
Agent
Section 33 of the Charter

2. what are the four purposes of sentencing?
Exceptions to the privity of contract rule
Parol Evidence Rule
Positive law
Specific deterrence - general deterrence - rehabilitation - protection of the public

3. Law created by a person or body with authority to enact and enforce it
Instances under which an offer lapses
Positive Law
4 items that should be included in the job description
Contributory negligence

4. Three types of intangibles
Exceptions to the privity of contract rule
Non est factum
The kinds of misrepresentation
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

5. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
John Humphrey
To 'perfect' a lien
Private law

6. Four methods to prevent potential legal action against your business.
Contributory Negligence
Equitable estoppal
Intentional - Unintentional
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

7. Once a contract is written - it cannot be changed without consent of both parties.
Food and Drugs Act
The parol evidence rule
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Invitation to treat

8. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
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
Non est factum
Quantum meruit

9. Which of the following rights does the Charter guarantee only to citizens of Canada
Fiduciary Duty
Independent contractors - employees
Constitution
Democratic rights to vote or run for election

10. 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
Res ipsa loquitar
Ultra vires
Players in the legal system
Price fixing

11. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Intentional torts
Food and Drugs Act
Intentional - Unintentional
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

12. You shall have the body
Habeas corpus
Bona fide occupational requirement
Exemplary damages
51% or 52%

13. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Repudiation - sabotage - failure to perform
Food and Drugs Act
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Injurious Falsehood

14. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Reiver
Exemplary damages
Theft of services

15. Another word for 'reafian'?
Quantum meruit
Reiver
Fiduciary Duty
John Humphrey

16. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
E. Coli
Landlord-tenant
Invitation to treat
Sole proprietorship - partnership - and corporations

17. Latin for 'the thing speaks for itself'
Infra hospitium
The kinds of misrepresentation
Option
Res ipsa loquitar

18. Promises made without consideration
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Gratuitous Promise
Consideration
1)Seriously and adversely affecting the employee's behavior 2)Has caused the employee to repeatedly either miss work or be late for work 3)Has jeopardized the safety of the employer - other employees or the public

19. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Thin Skull Rule
Types of contracts which must be in writing
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Fiduciary Duty

20. Notices of statutory provisions limiting liability be posted where?
Res ipsa loquitar
Actus reus and Mens rea
Injurious Falsehood
1) in the office - 2) every guestroom - and 3) public rooms (area).

21. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - etc.
Exceptions to the privity of contract rule
Non delegable duty
The items that should be included in a job description
Specific deterrence - general deterrence - rehabilitation - protection of the public

22. Bailment for the sole benefit of the bailor.
Gratuitous bailment
The 2 classes of servants
Trademark infringement
By Performance - By Agreement - By Frustration - By Operation of law

23. Accommodations that are not considered 'inns'.
Habeas corpus
Amortization
Power of attorney
Boarding house - a rooming house - homes for seniors - and time-share arrangements

24. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Notary
Equitable estoppal
Unconscionable transactions
The 2 classes of servants

25. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Intentional - Unintentional
Reasons a contract may be impeached
Easement
Acts of God - acts of a public enemy - guests' own negligence

26. Regulation - deterrence - compensation - dispute resolution - education and prevention
6 primary purposes of tort law
Intentional - Unintentional
Discoveries Stage
Noncompetition/nonsolicitation clauses

27. What are exemplary damages?
Four purpose of sentencing
Damages that are imposed to punish and to make an example of the offending party
Summary conviction - Indictable - Hybrid
Repudiation - sabotage - failure to perform

28. Under contract law - list the three types of mistake the law recognizes.
Common - mutual and unilateral.
Positive law
Acts of God - acts of a public enemy - guests' own negligence
Duty to mitigate

29. It is not my deed
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Intentional - Unintentional
Duty to mitigate
Non est factum

30. List 5/6 items employers can expect from their employees
Negligent Misrepresentation
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Intentional - Unintentional

31. Selling accounts receivable at a discount.
Infra hospitium
Food and Drugs Act
Factoring
Exceptions to the privity of contract rule

32. Allows a legislation to override the Charter
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Summary conviction - indictable - and hybrid
Substantive Law

33. Guilty act in Latin.
Duty to mitigate
Actus reus
Defenses to intentional Torts
Equitable estoppel

34. A promise for an action
Unilateral Contract
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Lie flat to distribute the force of the impact
Notary

35. Types of Damages
The 2 classes of servants
Food and Drugs Act
Equity financing - debt financing - sale of assets
General - Punitive - Exemplary

36. Independent contractors and employees.
Constitution
Positive law
Intentional torts
The 2 classes of servants

37. What three situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency?

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38. An agreement by an offeror to leave an offer open for a specified period of time
Lie flat to distribute the force of the impact
Option
The parol evidence rule
4 items that should be included in the job description

39. This relationship exists when one person has the power to affect another person's property or legal interests
Unconscionable transactions
Section 33 of the Charter
Fiduciary Duty
John Humphrey

40. What are the 5 tiers of the corporate structure.
Royal prerogatives
Shareholders - board of directors - statutory officers - employees - and creditors
Notary
Ultra vires

41. Once a contract is written - it cannot be changed without the consent of both parties
Parol Evidence Rule
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
Non est factum
Quantum merits

42. List the 4 conditions of adverse possession. (squatter's rights)
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Neighbour principle
Sole proprietorship - partnership - and corporations
Open and notorious - unchallenged - exclusive - continuous

43. List remedies one would expect when a contract is breached
Amortization
Option
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Intentional torts

44. What would a careful - thoughtful person in the same circumstances have done
Reasonable Person Test
Slander and Libel
Good Samaritan Legislation
Exemplary damages

45. Res ipsa loquitur

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46. Two kinds of negligence
Notary
Intentional - Unintentional
Equitable estoppel
1) in the office - 2) every guestroom - and 3) public rooms (area).

47. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Negligence
Reasonable Person Test
Municipal government
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

48. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Absolute liability
Passing off
Contributory Negligence
Amortization

49. When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody.
Express deposit
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Contributory negligence
Instances under which an offer lapses

50. 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
The 4 principles of Equal Pay legislation
Negligent Misrepresentation
Group termination
Trade mark