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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. Consent - self defense - lack of intention - necessity - legal authority - defense of property - and defense of a third person.
Defenses to intentional Torts
Consent searches - searches made in connection with an arrest - emergency exception (imminent danger) - the plain view doctrine.
Nepotism
Positive Law

2. Which of the following rights does the Charter guarantee only to citizens of Canada
Negligence Per se
Contributory negligence
Democratic rights to vote or run for election
Prima facie

3. Damages imposed to make an example of the wrongdoer
Equitable estoppal
Exemplary damages
Intentional - Unintentional
Unilateral Contract

4. A person who becomes ill but did not pay for the meal can sue the establishment
Neighbour principle
Duty to mitigate
Negligence
Fiduciary Duty

5. If you are not conforming to some law or regulation you are guilty of negligence even thought no injury has occurred (yet).
Summary conviction (minor) - indictable (serious) - hybrid
Consideration
Negligence Per se
Easement

6. Author of the Universal Declaration of Human Rights in 1948?
Land - buildings - fixtures
Power of Attorney
John Humphrey
Option

7. It is not my deed
Unilateral Contract
Non est factum
Trademark infringement
Pleadings - discoveries - pretrial and or mediation - trial - appeals

8. First stage in a criminal court procedure
Arraignment
Contributory negligence
Defamation
Municipal government

9. What are the two types of property?
Group termination
Invitation to treat
Sunset Clause
Personal and real

10. 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
Exemplary damages
Discoveries Stage
Exceptions to the privity of contract rule

11. What is the maximum weekly EI benefit?

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12. Surviving a falling elevator
Contributory negligence
Lie flat to distribute the force of the impact
Creed
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not

13. Favoritism granted to relatives or friends regardless of merit
Nepotism
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.
Habeas corpus

14. 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.
Fiduciary Duty
Ultra vires
Proper performance of work - good faith and loyalty - confidentiality - non-competition agreements - reasonable notice
Sole proprietorship - partnership - and corporations

15. A duty that cannot be given to someone else
Trade mark
Non delegable duty
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Breach of contract

16. 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.
Summary conviction - Indictable - Hybrid
Reasons a contract may be impeached
An alcohol provider can be charged for serving anyone who appears intoxicated/ underage
Thin Skull Rule

17. What are some of the conditions for rightful dismissal?
Trade mark
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Democratic rights to vote or run for election
Fiduciary Duty

18. Offeree does not accept by the deadline Offeree does not accept within a reasonable time One party dies or loses the capacity to contract
Instances under which an offer lapses
Price fixing
Unconscionable transactions
Boarding house - a rooming house - homes for seniors - and time-share arrangements

19. judge feels that the bargain was unfair due to (1) lopsided bargaining power - (2) abuse of authority - or (3) breach of fiduciary duty.
Trademark infringement
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit
Stare decisis
Unconscionable transactions

20. This person acts on behalf of the principal
Proximate cause of the injury; difficult deciding whether or not a particular consequence was reasonably foreseeable or not
Unconscionable transactions
Agent
Contributory negligence

21. What are the 3 ways employment can be terminated?
Stare decisis
Infra hospitium
Power of Attorney
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.

22. Once a contract is written - it cannot be changed without the consent of both parties
Good Samaritan Legislation
Parol Evidence Rule
Non est factum
Rights under a contract or debt instrument - goodwill - and ownership of a trademark

23. Guilty mind.
98%
Lie flat to distribute the force of the impact
Trademark infringement
Mens rea

24. Balance of probability needed to win a civil case
The parol evidence rule
General damages
51% or 52%
Group termination

25. Latin for 'the thing speaks for itself'
Summary conviction (minor) - indictable (serious) - hybrid
Res ipsa loquitar
Damages that are imposed to punish and to make an example of the offending party
Stare decisis

26. List remedies one would expect when a contract is breached
Shareholders - board of directors - statutory officers - employees - and creditors
Easement
Surcharge
Rectification - Rescission - Damages - Injunction - Specific performance - Quantum Meruit

27. Innocent - negligent and fraudulent
Negligent Misrepresentation
The kinds of misrepresentation
Positive Law
Stare decisis

28. 3 types of business structures.
Common - mutual and unilateral.
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Floating charge
Sole proprietorship - partnership - and corporations

29. The period of time required to pay off the principal completely at a set interest rate.
Noncompetition/nonsolicitation clauses
Invitation to treat
Democratic rights to vote or run for election
Amortization

30. Two types of negligence
Non est factum
Power of Attorney
The 4 principles of Equal Pay legislation
Intentional - Unintentional

31. Accommodations that are not considered 'inns'.
Negligent Misrepresentation
Boarding house - a rooming house - homes for seniors - and time-share arrangements
Landlord-tenant
The parol evidence rule

32. Specific deterrence - general deterrence - rehabilitation - and protection of the public
Reasonable Person Test
Four purpose of sentencing
Amortization
Section 33 of the Charter

33. The amount he merits
Quantum meruit
Common - mutual and unilateral.
Quantum merits
John Humphrey

34. What are the 3 types of bailment?
Sole benefit of the Bailor (called Gratuitous Bailment) - sole benefit of the Bailee - Bailment for hire
Nepotism
Passing off
Instances under which an offer lapses

35. What are three ways a contract is breached
Open and notorious - unchallenged - exclusive - continuous
Repudiation - Sabotage - Failure to perform
98%
Royal prerogatives

36. When 50 or more employees are laid off within 2 months.
Trade mark
Passing off
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Group termination

37. Selling accounts receivable at a discount.
1) behavioral changes 2) changes in speech and 3) loss of co-ordination
98%
Theft of services
Factoring

38. Fundamental freedoms in Section 2 of the Charter
Price fixing
Vicarious Liability
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
The owner

39. When the public is misled into believing that one company's goods or services are those a similar brand or product
Passing off
Intentional torts
Freedom of conscience and religion Freedom of thought - belief - opinion and expression - including freedom of the press Freedom of peaceful assembly Freedom of association
To 'perfect' a lien

40. An agreement by an offeror to leave an offer open for a specified period of time
Section 33 of the Charter
Financial disloyalty - falsified qualifications - gross and continuing incompetence
Option
Unconscionable transactions

41. Latin for guilty act and guilty mind
Actus reus and Mens rea
Common - mutual and unilateral.
Unconscionable transactions
51% or 52%

42. Two kinds of negligence
Acts of God - acts of a public enemy - guests' own negligence
Intentional - Unintentional
Exceptions to the privity of contract rule
Non delegable duty

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

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44. Law created by a person or body with authority to enact and enforce it
Positive Law
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.
Notary
51% or 52%

45. Conditions for rightful dismissal.
Vicarious liability
Pleadings - Discoveries - Pretrial / Mediation - Trial - Appeals
Financial disloyalty - falsified qualifications - gross and continuing incompetence.
Actus reus and Mens rea

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

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47. list 4 elements of bailment
1) only personal property - 2) physical possessions - 3) acknowledge receipt - 4) agreement to return
Surcharge
Foreclosure - power of sale - taking possession of the property - action on the covenant - seizure and sale of the property at auction
Sunset Clause

48. Author of the Universal Declaration of Human Rights
Contributory negligence
John Humphrey
Reasons a contract may be impeached
Consideration

49. The publication of a false statement about someone either verbally or in writing which damages their reputation
Reasonable Person Test
Discoveries Stage
Defamation
Food and Drugs Act

50. List the 4 conditions of adverse possession. (squatter's rights)
Legal realism
Contractual dismissal - rightful dismissal (termination for cause) - wrongful dismissal.
Stare decisis
Open and notorious - unchallenged - exclusive - continuous