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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. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Democratic rights to vote or run for election
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government

2. When a person - knowingly with intent to defraud - writes a cheque on a bank account with insufficient funds.
Contributory negligence
Ultra vires
Uttering
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

3. What are some of the conditions for rightful dismissal?
Nepotism
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Duty to mitigate
Acts of God - acts of a public enemy - guests' own negligence

4. Assault - battery -trespass - conversion - false Imprisonment - intentional infliction of mental suffering - deceit - and intentional interference with a contract.
Legal realism
Non delegable duty
John Humphrey
Intentional torts

5. When a contract is breached - the injured party must do What is required to limit the losses they suffer
Instances under which an offer lapses
Pleadings - discoveries - pretrial and or mediation - trial - appeals
Duty to mitigate
Actus reus and Mens rea

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

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7. 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
98%
Negligent Misrepresentation
4 items that should be included in the job description
Sunset Clause

8. The price a party pays for the promise.
By Performance - By Agreement - By Frustration - By Operation of law
Consideration
Instances under which an offer lapses
Agent

9. Beyond a reasonable doubt is what probability
Gratuitous Promise
98%
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Injurious Falsehood

10. Someone who certifies documents - but does not draft documents
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
Infra hospitium
Notary
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.

11. What are the 3 types of bailment?
Intentional torts
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Vicarious liability

12. 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.
6 primary purposes of tort law
Contributory negligence
Theft of services
Reasonable Person Test

13. An agreement by an offeror to leave an offer open for a specified period of time
Option
Consideration
Equity financing - debt financing - sale of assets
Power of Attorney

14. Food poisoning from hamburger
E. Coli
Bona fide occupational requirement
Criminal - Family - Youth - Small claims court
Negligent Misrepresentation

15. Alcohol misuse under the Liquor License Act
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Quantum meruit
Non delegable duty

16. List remedies one would expect when a contract is breached
Power of Attorney
The items that should be included in a job description
Breach of contract
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

17. Job duties and standards - remuneration (salary - bonuses - perks - and benefits) - duration of term of employment - and likelihood of changes to the position.
Bona fide occupational requirement
Vicarious liability
4 items that should be included in the job description
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

18. Two kinds of negligence
Shareholders - board of directors - statutory officers - employees - and creditors
Pleadings - discoveries - pretrial and or mediation - trial - appeals
The kinds of misrepresentation
Intentional - Unintentional

19. What are exemplary damages?
Trade mark
Damages that are imposed to punish and to make an example of the offending party
Non est factum
Summary conviction - indictable - and hybrid

20. The amount he merits
Quantum merits
Contributory negligence
Express deposit
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

21. What are three ways a contract is breached?
Theft of services
Repudiation - sabotage - failure to perform
Ultra vires
Common - mutual and unilateral.

22. Political - religious beliefs - and affiliations
Summary conviction - indictable - and hybrid
Creed
4 items that should be included in the job description
Passing off

23. 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
Summary conviction - indictable - and hybrid
Floating charge
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

24. Use of another company's business name or logo without permission.
Natural Law
Salmonella
Trademark infringement
Actus reus and Mens rea

25. Once a contract is written - it cannot be changed without the consent of both parties
Thin Skull Rule
The 4 principles of Equal Pay legislation
Parol Evidence Rule
Natural Law

26. An advertisement is an example of this... lets people know that you are ready to accept offers
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Repudiation - sabotage - failure to perform
Invitation to treat
Exceptions to the privity of contract rule

27. How contracts can be discharged
By Performance - By Agreement - By Frustration - By Operation of law
Infra hospitium
John Humphrey
Negligence Per se

28. The level of government in charge of bylaws
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Municipal government
Discoveries Stage
98%

29. What are the five stages of a civil action?
Prima facie
Equity financing - debt financing - sale of assets
Duty to mitigate
Pleadings - discoveries - pretrial and or mediation - trial - appeals

30. 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
Factoring
Unilateral Contract
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.

31. Stages of a civil action
Constitution
Factoring
Restrictive covenant
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

32. Favoritism granted to relatives or friends regardless of merit
Nepotism
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Royal prerogatives
Financial disloyalty - falsified qualifications - gross and continuing incompetence.

33. What are the two types of property?
98%
Personal and real
John Humphrey
Contributory negligence

34. Law based on moral - religious or philosophical grounds
Summary conviction - Indictable - Hybrid
Natural Law
Actus reus and Mens rea
Non delegable duty

35. Most difficult element of negligence to prove
Intentional torts
Stand operating procedures - Staff Training - Regulatory adherence - Record keeping - Waivers - Disclaimers - Releases and insurance
6 primary purposes of tort law
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

36. List the 3 subtle signs of intoxication.
Absolute liability
Quantum meruit
Salmonella
1) behavioral changes 2) changes in speech and 3) loss of co-ordination

37. Three types of offences
Breach of contract
Section 33 of the Charter
Creed
Summary conviction - indictable - and hybrid

38. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Gratuitous bailment
Summary conviction - Indictable - Hybrid
Absolute liability
Quantum merits

39. List the 4 conditions of adverse possession. (squatter's rights)
Open and notorious - unchallenged - exclusive - continuous
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.
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Food and Drugs Act

40. Guilty act in Latin.
Summary conviction (minor) - indictable (serious) - hybrid
Actus reus
By Performance - By Agreement - By Frustration - By Operation of law
Exceptions to the privity of contract rule

41. The innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time?
Landlord-tenant
Criminal - Family - Youth - Small claims court
Food and Drugs Act
Easement

42. What would a careful - thoughtful person in the same circumstances have done
By Performance - By Agreement - By Frustration - By Operation of law
Reasonable Person Test
Exemplary damages
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire

43. What are the 5 tiers of the corporate structure.
Shareholders - board of directors - statutory officers - employees - and creditors
Open and notorious - unchallenged - exclusive - continuous
Equitable estoppal
Duty to mitigate

44. The exchange of benefits; the price a party pays for the promise
Consideration
Summary conviction - Indictable - Hybrid
Merit
Democratic rights to vote or run for election

45. 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
Proximate cause of the injury
Positive Law
Substantive Law
The 4 principles of Equal Pay legislation

46. What are the three kinds of misrepresentation?
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Innocent - negligent - fraudulent
Slander and Libel
Gratuitous bailment

47. 'It stands decided'
John Humphrey
Stare decisis
Slander and Libel
Creed

48. A duty that cannot be given to someone else
Intentional torts
Shareholders - board of directors - statutory officers - employees - and creditors
Non delegable duty
Personal and real

49. 3 types of business structures.
Injurious Falsehood
Non delegable duty
Sole proprietorship - partnership - and corporations
Open and notorious - unchallenged - exclusive - continuous

50. 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.
6 primary purposes of tort law
Independent contractors - employees
Thin Skull Rule
Amortization