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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. What does BFOR stand for?
Bona fide occupational requirement
Notary
Price fixing
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

2. What does real property include?
Discoveries Stage
Exceptions to the privity of contract rule
Land - buildings - fixtures
Summary conviction (minor) - indictable (serious) - hybrid

3. Division of law that defines rights and remedies
Unilateral Contract
Substantive Law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Royal prerogatives

4. Food Poisoning from chicken
Substantive Law
Nepotism
Salmonella
Municipal government

5. Res ipsa loquitur

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6. Four methods to prevent potential legal action against your business.
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Non est factum
Easement
Gratuitous Promise

7. Most difficult element of negligence to prove
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
To 'perfect' a lien
Uttering
Defamation

8. 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.
Vicarious liability
Noncompetition/nonsolicitation clauses
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Good Samaritan Legislation

9. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
Equitable estoppal
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Actus reus
Price fixing

10. Law is whatever judges say it is...
Slander and Libel
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Legal realism
Good Samaritan Legislation

11. 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
Exceptions to the privity of contract rule
Habeas corpus
Non delegable duty

12. Spoken and written defamation
Slander and Libel
Habeas corpus
Positive law
51% or 52%

13. When two or more suppliers conspire to set prices.
Innocent - negligent - fraudulent
Nepotism
Amortization
Price fixing

14. Governor general and lieutenant governors
Agent
Royal prerogatives
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Unilateral Contract

15. Damages imposed to make an example of the wrongdoer
Reasonable Person Test
Merit
Private law
Exemplary damages

16. 3 types of offenses in a criminal procedure
Uttering
Summary conviction - Indictable - Hybrid
98%
6 primary purposes of tort law

17. Division of Lower Provincial Courts
Stare decisis
Criminal - Family - Youth - Small claims court
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Open and notorious - unchallenged - exclusive - continuous

18. Political - religious beliefs - and affiliations
Invitation to treat
Creed
Types of contracts which must be in writing
Res ipsa loquitar

19. Independent contractors and employees.
Repudiation - Sabotage - Failure to perform
The 2 classes of servants
Actus reus and Mens rea
Types of contracts which must be in writing

20. Laws duly enacted by a person or body having the authority to enact and enforce them.
Section 33 of the Charter
Positive law
The kinds of misrepresentation
The owner

21. List the 4 conditions of adverse possession. (squatter's rights)
Equitable estoppel
4 items that should be included in the job description
Open and notorious - unchallenged - exclusive - continuous
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

22. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Four purpose of sentencing
Passing off
The 2 classes of servants
Gratuitous Promise

23. An agreement by an offeror to leave an offer open for a specified period of time.
Creed
Positive Law
Option
Legal realism

24. What must be established to substantiate a claim for bailment?
Food and Drugs Act
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
Group termination
The parol evidence rule

25. Promises made without consideration
Gratuitous Promise
To 'perfect' a lien
The 2 classes of servants
Neighbour principle

26. A symbol - word - name or device used to identify or signify a company or its product.
Four purpose of sentencing
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Specific deterrence - general deterrence - rehabilitation - protection of the public
Trade mark

27. Who owns mislaid property?
Democratic rights to vote or run for election
Restrictive covenant
Food and Drugs Act
The owner

28. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
The owner
Constitution
Sole proprietorship - partnership - and corporations
Sunset Clause

29. Author of the Universal Declaration of Human Rights in 1948?
Financial disloyalty - falsified qualifications - gross and continuing incompetence
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
John Humphrey
Power of attorney

30. When the public is misled into believing that one company's goods or services are those a similar brand or product
Landlord-tenant
Salmonella
Passing off
Negligence Per se

31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Thin Skull Rule
Express deposit
Discoveries Stage
Fiduciary Duty

32. The publication of a false statement about someone either verbally or in writing which damages their reputation
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Quantum merits
Defamation
The items that should be included in a job description

33. List 5/6 items employers can expect from their employees
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Pleadings - discoveries - pretrial and or mediation - trial - appeals
General damages
Duty to mitigate

34. List 3 ways to finance a new or existing business.
Infra hospitium
Equity financing - debt financing - sale of assets
1) in the office - 2) every guestroom - and 3) public rooms (area).
Proximate cause of the injury

35. Conditions for rightful dismissal.
Non est factum
The items that should be included in a job description
Quantum merits
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

36. Minimum amount of hours needed to be eligible for EI benefits.
1) in the office - 2) every guestroom - and 3) public rooms (area).
420 to 700 hours depending on the regional unemployment rate
Sunset Clause
Prima facie

37. A chattel mortgage on inventory - is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default.
Floating charge
Private law
Duty to mitigate
Acts of God - acts of a public enemy - guests' own negligence

38. Latin term for 'On the face of it'.
Prima facie
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
Floating charge
Absolute liability

39. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Intentional - Unintentional
Consideration
Negligence
Natural Law

40. 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
Ultra vires
Passing off
Floating charge
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance

41. First stage in a criminal court procedure
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Positive law
Arraignment
John Humphrey

42. What are the five stages of a civil action?
Defenses to intentional Torts
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Equitable estoppel
Infra hospitium

43. The exchange of benefits; the price a party pays for the promise
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Specific deterrence - general deterrence - rehabilitation - protection of the public
Consideration
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage

44. 5 reasons for evicting a guest.
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 kinds of misrepresentation
Express deposit
Factoring

45. Amount added on to a usual charge for a specific product - purpose - or service.
Surcharge
John Humphrey
Nepotism
Absolute liability

46. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Habeas corpus
Absolute liability
Slander and Libel
Exceptions to the privity of contract rule

47. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Unilateral Contract
Agent
Notary
Instances under which an offer lapses

48. Three types of offences
Trademark infringement
Amortization
Legal realism
Summary conviction - indictable - and hybrid

49. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Duty to mitigate
The 2 classes of servants
Intentional torts
The owner

50. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Infra hospitium
Independent contractors - employees
Mens rea