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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 is whatever judges say it is...
General - Punitive - Exemplary
Exemplary damages
Legal realism
Positive Law

2. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Neighbour principle
Acts of God - acts of a public enemy - guests' own negligence
Defenses to intentional Torts
Factoring

3. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Repudiation - sabotage - failure to perform
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Positive Law

4. The exchange of benefits; the price a party pays for the promise
Floating charge
Repudiation - Sabotage - Failure to perform
Negligence
Consideration

5. A tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
The owner
Thin Skull Rule
Amortization
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

6. List 3 ways to finance a new or existing business.
Disclaimer
Equity financing - debt financing - sale of assets
Passing off
Players in the legal system

7. How can an employer escape alcohol misuse liability?
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Discoveries Stage
John Humphrey
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.

8. Selling accounts receivable at a discount.
Negligence Per se
Positive Law
Factoring
Quantum merits

9. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Players in the legal system
Private law
Intentional torts
Creed

10. An agreement by an offeror to leave an offer open for a specified period of time
Option
Repudiation - sabotage - failure to perform
Instances under which an offer lapses
Quantum merits

11. 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.
Mens rea
Independent contractors - employees
Theft of services
Contributory negligence

12. First stage in a criminal court procedure
Infra hospitium
Arraignment
The kinds of misrepresentation
Summary conviction (minor) - indictable (serious) - hybrid

13. The division of law associated with interpersonal matters
Negligence Per se
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Unconscionable transactions
Private law

14. It is not my deed
Democratic rights to vote or run for election
51% or 52%
Non est factum
Thin Skull Rule

15. What does BFOR stand for?
Reasonable Person Test
Non delegable duty
Bona fide occupational requirement
Common - mutual and unilateral.

16. Land - marriage - co-signing - longer than one year to complete - agreement to deliver goods at a future date - and (3 more)
Fiduciary Duty
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Types of contracts which must be in writing
Gratuitous Promise

17. Allows a legislation to override the Charter
Noncompetition/nonsolicitation clauses
Non delegable duty
Section 33 of the Charter
Non est factum

18. Law created by a person or body with authority to enact and enforce it
Positive Law
The parol evidence rule
Option
Uttering

19. Notices of statutory provisions limiting liability be posted where?
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.
1) in the office - 2) every guestroom - and 3) public rooms (area).
The items that should be included in a job description
Positive law

20. Circumstances in which the authorities do not need a warrant to search your premises
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Prima facie
Contributory negligence
Slander and Libel

21. 3 types of business structures.
Municipal government
Sole proprietorship - partnership - and corporations
Fiduciary Duty
General damages

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

23. List remedies one would expect when a contract is breached
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Uttering
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

24. Spoken and written defamation
Slander and Libel
Uttering
Passing off
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association

25. Promises made without consideration
Personal and real
Gratuitous Promise
Power of Attorney
Gratuitous bailment

26. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Quantum meruit
Nepotism
Absolute liability
Unilateral Contract

27. A restriction placed on some aspect of land use.
Criminal - Family - Youth - Small claims court
Repudiation - Sabotage - Failure to perform
Restrictive covenant
Intentional - Unintentional

28. When the public is misled into believing that one company's goods or services are those a similar brand or product
Lie flat to distribute the force of the impact
Non delegable duty
Passing off
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.

29. A right to use another's land for a specific purpose.
Players in the legal system
Acts of God - acts of a public enemy - guests' own negligence
Contributory negligence
Easement

30. The period of time required to pay off the principal completely at a set interest rate.
Absolute liability
Open and notorious - unchallenged - exclusive - continuous
Amortization
Defamation

31. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Types of contracts which must be in writing
Duty to mitigate
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Unconscionable transactions

32. Which of the following Act states that no food may be advertised as a cure of treatment for any of the afflictions
Non est factum
Food and Drugs Act
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.
Landlord-tenant

33. Division of law that defines rights and remedies
Easement
420 to 700 hours depending on the regional unemployment rate
Substantive Law
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

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

35. 3 types of offenses in a criminal procedure
Summary conviction - Indictable - Hybrid
Noncompetition/nonsolicitation clauses
Gratuitous Promise
Mens rea

36. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Positive law
Floating charge
John Humphrey
Duty to mitigate

37. What does real property include?
Damages that are imposed to punish and to make an example of the offending party
Amortization
Arraignment
Land - buildings - fixtures

38. Once a contract is written - it cannot be changed without consent of both parties.
Quantum meruit
E. Coli
The parol evidence rule
Power of attorney

39. Legal responsibility for the negligence of another person
Section 33 of the Charter
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Fiduciary Duty
Vicarious liability

40. What are the three kinds of misrepresentation?
Innocent - negligent - fraudulent
Unconscionable transactions
Vicarious Liability
Exemplary damages

41. This person acts on behalf of the principal
Open and notorious - unchallenged - exclusive - continuous
Agent
Discoveries Stage
Group termination

42. Three types of intangibles
Actus reus and Mens rea
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
4 items that should be included in the job description
98%

43. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Habeas corpus
Passing off
General damages

44. Types of Damages
To 'perfect' a lien
General - Punitive - Exemplary
Contributory Negligence
Damages that are imposed to punish and to make an example of the offending party

45. Someone who certifies documents - but does not draft documents
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Notary
Prima facie
1) in the office - 2) every guestroom - and 3) public rooms (area).

46. Bailment for the sole benefit of the bailor.
Royal prerogatives
Gratuitous bailment
The items that should be included in a job description
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.

47. You shall have the body
Criminal - Family - Youth - Small claims court
Power of attorney
Creed
Habeas corpus

48. Surviving a falling elevator
Natural Law
E. Coli
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Lie flat to distribute the force of the impact

49. Food Poisoning from chicken
Sunset Clause
Unconscionable transactions
Criminal - Family - Youth - Small claims court
Salmonella

50. Conditions for rightful dismissal.
Stare decisis
Equitable estoppal
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Non est factum