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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. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Consideration
John Humphrey
Habeas corpus

2. What are three ways a contract is breached?
Consideration
Repudiation - sabotage - failure to perform
Reiver
John Humphrey

3. List 3 ways to finance a new or existing business.
Equity financing - debt financing - sale of assets
Summary conviction - indictable - and hybrid
John Humphrey
Gratuitous Promise

4. 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
Exceptions to the privity of contract rule
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Vicarious liability
Negligent Misrepresentation

5. A right to use another's land for a specific purpose.
Section 33 of the Charter
Parol Evidence Rule
Easement
Private law

6. Division of law that defines rights and remedies
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Absolute liability
Substantive Law
The 2 classes of servants

7. Independent contractors and employees.
Sole proprietorship - partnership - and corporations
The 2 classes of servants
Express deposit
Habeas corpus

8. Fundamental freedoms in Section 2 of the Charter
Specific deterrence - general deterrence - rehabilitation - protection of the public
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
Option

9. 'Reasonable worth of the good'
Quantum meruit
Agent
Power of attorney
Res ipsa loquitar

10. What are the five stages of a civil action?
Landlord-tenant
Disclaimer
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Royal prerogatives

11. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Independent contractors - employees
Contributory negligence
Good Samaritan Legislation

12. When the police do not need a warrant to search your residence and/or business?
Legal realism
Independent contractors - employees
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Defamation

13. You shall have the body
Habeas corpus
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Gratuitous bailment

14. Stages of a civil action
Actus reus
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Ultra vires
Defamation

15. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Passing off
Price fixing
Express deposit

16. 5 possible consequences if you default on your mortgage?
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Noncompetition/nonsolicitation clauses
Floating charge
Fiduciary Duty

17. Food poisoning from hamburger
Contributory negligence
Independent contractors - employees
Quantum merits
E. Coli

18. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Disclaimer
Infra hospitium
Exceptions to the privity of contract rule
Defamation

19. 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?
Bona fide occupational requirement
Salmonella
Breach of contract
Repudiation - Sabotage - Failure to perform

20. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Open and notorious - unchallenged - exclusive - continuous
Private law
Exceptions to the privity of contract rule
Equitable estoppal

21. The level of government in charge of bylaws
Municipal government
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
Quantum meruit
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

22. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
The kinds of misrepresentation
Negligence
Lie flat to distribute the force of the impact
Trademark infringement

23. 3 types of offenses in a criminal procedure
The kinds of misrepresentation
Summary conviction - Indictable - Hybrid
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Repudiation - sabotage - failure to perform

24. Damages imposed to make an example of the wrongdoer
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Intentional torts
Infra hospitium
Exemplary damages

25. Conditions for rightful dismissal.
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Defamation
Quantum merits
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

26. The exchange of benefits; the price a party pays for the promise
Passing off
Consideration
John Humphrey
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.

27. When one person has the power to affect another person's property or legal interests. A person in this position has a duty to protect the interests of the other.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Thin Skull Rule
Easement
Fiduciary Duty

28. A restriction placed on some aspect of land use.
Arraignment
Equitable estoppel
Restrictive covenant
Vicarious liability

29. Someone who certifies documents - but does not draft documents
Positive Law
Notary
Reasonable Person Test
Absolute liability

30. Surviving a falling elevator
Absolute liability
Power of attorney
Lie flat to distribute the force of the impact
Bona fide occupational requirement

31. A plaintiff is partly or solely the cause of his or her own injury.
Actus reus
Innocent - negligent - fraudulent
Contributory negligence
Infra hospitium

32. Balance of probability needed to win a civil case
Quantum meruit
The kinds of misrepresentation
51% or 52%
E. Coli

33. A promise for an action
6 primary purposes of tort law
Res ipsa loquitar
Unilateral Contract
Arraignment

34. What are the 3 ways employment can be terminated?
Negligence
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Shareholders - board of directors - statutory officers - employees - and creditors
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

35. The publication of a false statement about someone either verbally or in writing which damages their reputation
E. Coli
Non est factum
Defamation
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

36. List the 3 subtle signs of intoxication.
Amortization
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Reasons a contract may be impeached

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

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38. Law created by a person or body with authority to enact and enforce it
The 4 principles of Equal Pay legislation
Positive Law
Food and Drugs Act
Option

39. What are the 3 types of bailment?
Non est factum
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Reasons a contract may be impeached
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

40. 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
Breach of contract
Power of attorney
Passing off
Summary conviction - Indictable - Hybrid

41. The division of law associated with interpersonal matters
Notary
Private law
Unconscionable transactions
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. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Non delegable duty
Unconscionable transactions
Trademark infringement

43. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Four purpose of sentencing
Common - mutual and unilateral.
Financial disloyalty - falsified qualifications - gross and continuing incompetence

44. 5 reasons for evicting a guest.
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
E. Coli
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.
Democratic rights to vote or run for election

45. Two types of negligence
Open and notorious - unchallenged - exclusive - continuous
Disclaimer
Intentional - Unintentional
E. Coli

46. Political - religious beliefs - and affiliations
Restrictive covenant
Creed
Absolute liability
4 items that should be included in the job description

47. What would a careful - thoughtful person in the same circumstances have done
Shareholders - board of directors - statutory officers - employees - and creditors
Reasonable Person Test
Price fixing
1) in the office - 2) every guestroom - and 3) public rooms (area).

48. Legislators - judges - jurors - lawyers - clients and police
Players in the legal system
Vicarious Liability
Injurious Falsehood
Duty to mitigate

49. Law based on moral - religious or philosophical grounds
Exceptions to the privity of contract rule
Infra hospitium
Players in the legal system
Natural Law

50. what are the four purposes of sentencing?
Specific deterrence - general deterrence - rehabilitation - protection of the public
Shareholders - board of directors - statutory officers - employees - and creditors
Creed
Exceptions to the privity of contract rule