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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. Who owns mislaid property?
Neighbour principle
Injurious Falsehood
Innocent - negligent - fraudulent
The owner

2. Breach of a legal duty to act reasonably that is the direct (or proximate) cause of injury to another.
Passing off
Constitution
Negligence
Trade mark

3. List the 4 conditions of adverse possession. (squatter's rights)
The 4 principles of Equal Pay legislation
Passing off
Innocent - negligent - fraudulent
Open and notorious - unchallenged - exclusive - continuous

4. Latin term for 'It is not my deed
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Uttering
Non est factum
Repudiation - Sabotage - Failure to perform

5. Food Poisoning from chicken
Defenses to intentional Torts
Summary conviction - Indictable - Hybrid
Salmonella
Four purpose of sentencing

6. Innocent - negligent and fraudulent
The kinds of misrepresentation
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.
Restrictive covenant
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

7. Law based on moral - religious or philosophical grounds
Intentional torts
Express deposit
Reasons a contract may be impeached
Natural Law

8. A right to use another's land for a specific purpose.
The 2 classes of servants
Power of attorney
Shareholders - board of directors - statutory officers - employees - and creditors
Easement

9. Which of the following rights does the Charter guarantee only to citizens of Canada
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Noncompetition/nonsolicitation clauses
Democratic rights to vote or run for election
6 primary purposes of tort law

10. A symbol - word - name or device used to identify or signify a company or its product.
Trade mark
Gratuitous Promise
Exemplary damages
Ultra vires

11. Division of Lower Provincial Courts
Criminal - Family - Youth - Small claims court
Intentional - Unintentional
Nepotism
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return

12. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
1) in the office - 2) every guestroom - and 3) public rooms (area).
Repudiation - Sabotage - Failure to perform
The 4 principles of Equal Pay legislation

13. What are three ways a contract is breached
Repudiation - Sabotage - Failure to perform
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Express deposit
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals

14. What are the 3 ways employment can be terminated?
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Contributory negligence
Equitable estoppal
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.

15. For duress - for undue influence - if a mistake was made - for misrepresentation - where utmost good faith was not demonstrated.
Natural Law
Reasons a contract may be impeached
Actus reus
Financial disloyalty - falsified qualifications - gross and continuing incompetence

16. Under contract law - list the three types of mistake the law recognizes.
Negligent Misrepresentation
Personal and real
Common - mutual and unilateral.
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction

17. Three types of offences
Exceptions to the privity of contract rule
1) in the office - 2) every guestroom - and 3) public rooms (area).
Summary conviction - indictable - and hybrid
Passing off

18. 5 reasons for evicting a guest.
Rights under a contract or debt instrument - goodwill - and ownership of a trademark
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
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.
Habeas corpus

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

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20. An advertisement is an example of this... lets people know that you are ready to accept offers
General - Punitive - Exemplary
Gratuitous Promise
The 2 classes of servants
Invitation to treat

21. If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations - the hotel will be stopped from relying on the protection of the statutory limitations.
Disclaimer
Intentional - Unintentional
Equitable estoppel
Municipal government

22. Legislators - judges - jurors - lawyers - clients and police
Quantum meruit
To 'perfect' a lien
Players in the legal system
98%

23. What are the two types of property?
Intentional torts
The owner
Personal and real
Fiduciary Duty

24. List remedies one would expect when a contract is breached
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Damages that are imposed to punish and to make an example of the offending party
Power of Attorney
Instances under which an offer lapses

25. You shall have the body
Habeas corpus
Bona fide occupational requirement
Notary
Contributory negligence

26. Tort law bypass - principal of agents - vicarious liability - corp. form by amalgamation - collateral warranties - novation - etc
Constitution
Exceptions to the privity of contract rule
Royal prerogatives
Factoring

27. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Gratuitous Promise
Vicarious liability
Restrictive covenant

28. When the public is misled into believing that one company's goods or services are those a similar brand or product.
Easement
Contributory negligence
Passing off
John Humphrey

29. 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.
Theft of services
Duty to mitigate
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Private law

30. Latin term for within or on the premises of the inn (extension of the inn).
Uttering
1) in the office - 2) every guestroom - and 3) public rooms (area).
Infra hospitium
Intentional - Unintentional

31. To place the issue - facts and evidence on the table. Each party can examine the other party under oath
Price fixing
Discoveries Stage
Uttering
Legal realism

32. A plaintiff is partly or solely the cause of his or her own injury
Repudiation - Sabotage - Failure to perform
Contributory negligence
Option
Slander and Libel

33. Laws duly enacted by a person or body having the authority to enact and enforce them.
Power of attorney
Ultra vires
Positive law
Easement

34. The level of government in charge of bylaws
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
Types of contracts which must be in writing
Municipal government
Defenses to intentional Torts

35. List the 3 subtle signs of intoxication.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
Merit
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Substantive Law

36. Circumstances in which the authorities do not need a warrant to search your premises
98%
1) in the office - 2) every guestroom - and 3) public rooms (area).
Consent searches Searches made in connection with an arrest. Emergency exception (imminent danger) The plain view doctrine.
Proximate cause of the injury

37. Types of Damages
General - Punitive - Exemplary
Private law
Contributory Negligence
General damages

38. The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent.
Absolute liability
Consideration
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Shareholders - board of directors - statutory officers - employees - and creditors

39. A declaration that the statute operates notwithstanding the Charter ceases to have effect after five years
Amortization
Land - buildings - fixtures
Discoveries Stage
Sunset Clause

40. Allows a legislation to override the Charter
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Fiduciary Duty
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Section 33 of the Charter

41. In a criminal procedure list the 3 types of offenses
Restrictive covenant
Summary conviction (minor) - indictable (serious) - hybrid
Sunset Clause
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice

42. The publication of a false statement about someone either verbally or in writing which damages their reputation
Personal and real
Defamation
Criminal - Family - Youth - Small claims court
Contributory Negligence

43. Author of the Universal Declaration of Human Rights in 1948?
Theft of services
Salmonella
Habeas corpus
John Humphrey

44. 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
Reasonable Person Test
Exceptions to the privity of contract rule
Fiduciary Duty
Negligent Misrepresentation

45. Guilty act in Latin.
Actus reus
E. Coli
Food and Drugs Act
Habeas corpus

46. 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
Uttering
Ultra vires
Reiver
Democratic rights to vote or run for election

47. The price a party pays for the promise.
Exceptions to the privity of contract rule
Consideration
Infra hospitium
Instances under which an offer lapses

48. List 3 ways to finance a new or existing business.
Noncompetition/nonsolicitation clauses
Legal realism
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Equity financing - debt financing - sale of assets

49. Surviving a falling elevator
Infra hospitium
The 4 principles of Equal Pay legislation
Lie flat to distribute the force of the impact
Passing off

50. Guilty mind.
Section 33 of the Charter
Mens rea
General - Punitive - Exemplary
Vicarious liability