VIU Final Exam Instructions

Part I: Multiple Choice responses

 Instructions: Download your final exam from VIU Learn. Put your name and student number on your final exam. This is an individual effort assignment. You may not talk to anyone about the final exam or share materials with anyone. The final exam is open book. This means that you may consult any paper resources you have. You may not access the internet during the final exam. Complete your submissions by adding material to the Final Exam. Save your work regularly during the final exam time. Upload your final exam using VIU Learn in .doc or .docx or .pdf format when you are finished the final exam and before the Final Exam end time of 12 noon. ? Part I: Multiple Choice responses This part is worth 20 possible marks. BOLD the correct answer for 20 of the following 25 questions. One mark is available for the first 20 of the following 25 questions answered. 1. We often say in our course that an “Ounce of prevention is worth a pound of cure.” This saying means: A. It is a good idea to weigh your options before proceeding with a legal problem. B. It is a good idea to prevent legal problems rather than trying to fix legal problems. C. It is a good idea to think about the cure for your legal problem before you get to court. D. None of the above. 2. One theory of law is only concerned with whether a law has been validly passed by a competent authority. This theory of law does not consider morality of the law. This theory of law is called: A. Natural law. B. Positive law. C. Legal Realism. D. Feminist Theory. 3. Why was the Bill of Rights in Canada largely ineffective as a piece of human rights legislation? A. The Bill of Rights in Canada was largely ineffective because it was not part of the Constitution. B. The Bill of Rights in Canada was very effective as a piece of human rights legislation. C. The Bill of Rights in Canada was largely ineffective because it was worded badly. D. None of the above. 4. What major event happened in the Canadian legal system in 1982? A. Repatriated the constitution. B. Canadian Charter of Rights and Freedoms became part of the constitution. C. The existing aboriginal and treaty rights of the aboriginal peoples of Canada were recognized and affirmed in section 35 of the Constitution Act 1982. D. All of the above. 5. Assume that the owner of a restaurant has hired his father to be the bookkeeper. The owner had advertised the position and one of the applicants was a chartered accountant who uses a wheelchair. While the owner’s father is a competent bookkeeper, the accountant is more qualified in terms of skills and experience. Under BC’s Human Rights Code, would the accountant have reasonable grounds for brining a discrimination case against the owner? A. Yes, the accountant can be successful with a discrimination case because you can’t hire your family just because you feel like it. B. Yes, the accountant can be successful with a discrimination case because the accountant is in a wheelchair and should get preferential treatment under the BC Human Rights Code. C. No, the accountant cannot be successful with a discrimination case because you can hire your family if you feel like it. D. No, the accountant cannot be successful with a discrimination case because the restaurant owner’s father is old and should get preferential treatment under the BC Human Rights Code. ? 6. How do we decide what constitutes sexual harassment in Canadian law? A. We look at the Charter of Rights and Freedoms definition of sexual harassment. B. We look at a dictionary definition of sexual harassment. C. We look at the case of Janzen v Platy Enterprises Ltd 1989 CanLII 97 (SCC) for the Supreme Court of Canada’s definition of sexual harassment. D. We look at our gut instinct for what is sexual harassment. 7. Where do you go to enforce your human rights if they are breached in Canada? A. You go to the international tribunal for human rights. B. If your Charter rights are being infringed you go to the BC Human Rights Commission. C. If your Charter right is being infringed you go to a court of law to enforce your Charter rights. D. If your BC Human Rights Code rights are being infringed you go to a court of law to enforce your BC Human Rights Code rights. 8. When does an offer lapse? A. When the Offeree fails to accept by a deadline. B. When the Offeree fails to accept within a reasonable time if there is no deadline. C. When a party dies, becomes mentally incompetent or otherwise looses the capacity to make contracts prior to acceptance. D. All of the Above. 9. An “invitation to treat’ means: A. One person is inviting another person to make an offer. A menu is an example of an invitation to treat. B. One person is inviting the government to treat them to a tax break. C. One person has made a contract with another person. An online form that can be filled out with a complaint and submitted is an example of an invitation to treat. D. None of the above. 10. When considering remedies for breach of contract you should always keep in mind: A. Statutory limitation periods. B. Necessity of loss. C. A & B. D. None of the above. 11. In contract law, if an offeror amends a term prior to acceptance then the change: A. Can never be accepted. B. Is automatically accepted. C. Revokes the offer and the new proposal becomes a new offer. D. Should be accepted immediately by the offeree or the offeree will be liable. 12. When you register to stay at a hotel you are: A. Ensuring that you are not subject to negligence. B. Entering into a contract. C. Not entering into a legal relationship. D. All of the above. ? 13. The standard of proof is an important concept in a negligence action. The standard of proof in a negligence action is: A. On the balance of probabilities. B. Beyond reasonable doubt. C. Not an important concept in a negligence action. D. None of the above. 14. The burden of proof is an important concept in a negligence action. The burden of proof in a negligence action is generally: A. On the balance of probabilities. B. Beyond reasonable doubt. C. On the plaintiff. D. On the defendant. 15. If someone has contributory negligence the courts will: A. Deny their claim entirely. B. Accept their claim entirely. C. Often award a percentage reduction in damages. D. None of the above. 16. If someone has voluntary assumption of risk or volenti non fit injuria: A. There is no statutory duty. B. The plaintiff knew and understood the risk. C. The plaintiff had a choice to avoid the risk. D. All of the above. 17. The Last clear chance rule is: A. Extinct and never used any more. B. Used every day by the courts. C. Used today to deny plaintiffs any money because they have no one to blame but themselves for their injuries. D. An exception to the law of negligence that is used today. 18. What is at the core of hospitality law for innkeepers? A. Keeping guests under control. B. The relationship between an innkeeper and the guest. C. Making sure that everyone who wants a room can get a room at the inn. D. None of the above. 19. What is the meaning of “entertainment” in the context of the hospitality industry as discussed in our course materials? A. Fun and games in the show business sense. B. Guests must receive hospitality. C. Guests must be treated in a respectful and courteous manner. D. B & C. ? 20. If the staff at a hotel thinks a guest is a prostitute and they have received a complaint from another guest the hotel staff should: A. Approach the person in a public area and say the person is a prostitute and the person should check out. B. Evict the person for being a prostitute. C. Make absolutely sure they have sufficient evidence the person is being prostitute on the hotel premises and then evict the person. D. Do nothing and wait to see if the police come. 21. A fiduciary is: A. A fiduciary is someone who holds power over another person. B. A fiduciary has to take care of those in their power. C. An employer may be a fiduciary. D. All of the above. 22. When you are hiring someone in BC you can advertise that you want to hire a white woman who is under 6 feet tall and less than 25 years of age as your secretary because you like that kind of secretary. A. Yes, you can advertise for anyone you want to hire in Canada. B. Yes, you can advertise to hire any type of woman because it is part of affirmative action programs to hire women. C. No, you cannot advertise discriminatory job postings because of the Charter of Rights and Freedoms and the BC Human Rights Code. D. None of the above. 23. The employee has a drug problem. What should the employer do from a legal point of view? A. The employer should fire the employee to make sure they are not liable for the employees actions. B. The employer should put the employee on notice to fix their drug problem or they will be fired. C. The employer should ignore the issue and pretend they do not know the employee has a drug problem. D. The employer should try to get the employee help for their drug problem. 24. What is the name of the legal relationship between a travel retailer and an airline? A. Fidiuciary. B. Agency. C. Occupier. D. None of the above. 25. The Occupiers Liability Act provides for: A. The care that an occupier must show to people who think about coming to their business. B. An occupier of premises owes a duty to take care that in all the circumstances of the case is reasonable to a person who enters the premises. C. An occupier of premises owes a trespasser who is committing a criminal act a duty to take care that in all the circumstances of the case is reasonable to a person who enters the premises. D. All of the above. ? Part II: Case Study Questions This part is worth 30 possible marks. 10 marks are available for each of the first 3 of the following 5 questions answered. You are limited to one page 12 point Times New Roman font maximum for each Case Study Question. Material beyond one page for each question will not be marked. 1. Susan wants to sell ABC Restaurant to Joey but she is worried that the restaurant is not making enough money and Joey won’t want to buy it. Susan has her accountant prepare a second set of books that give an enhanced aroma to the economic feasibility of the restaurant. The contract for the purchase of the restaurant includes the assets required for the normal running of the business and to have maintained those assets until the closing. The building is also warranted to be in sound condition. After Joey buys ABC Restaurant he finds that some of the equipment included in the agreement was missing and that the building was not in a state of good repair. After Joey buys ABC Restaurant he also obtains correct information about the books and proves the books were nothing more than a souffle of deceit. What further information, if any, would you like to know about the facts? Is this case study similar to any of the cases we considered in the course and if so which one(s)? (Basic facts are fine if you can’t remember the case name(s)). Who, if anyone, would likely be liable if Joey complains/sues and what could the liability be and why? Discuss with reference to the course materials. Submission: 2. Quinn is an employee at A&W burgers. Mike doesn’t like Quinn because Quinn is Filipino and he ‘can’t talk’ because Quinn’s English is not very good. Mike calls Quinn derogatory names at work and makes fun of him with rude gestures. Quinn feels stressed because of Mike’s treatment and Quinn needs to see a counsellor and Quinn cannot go to work any more. What has Mike done? What can Quinn do? Is this allowed in Canada? Why/why not? Discuss the law related to this case study with reference to the course materials. Which law applies? What kind of law applies here and how does it apply to this case? What further information, if any, would you like to know about the facts? Is this case study similar to any of the cases we considered in the course and if so which one(s)? (Basic facts are fine if you can’t remember the case name(s)). Who, if anyone, would likely be liable if Quinn complains/sues and what could the liability be and why? Discuss with reference to the course materials. Submission: 3. Nubbles is staying at The Oceanfront Inn a hotel in Nanaimo. Nubbles has no other residence. Nubbles has agreed in writing that he is a guest and not a tenant. The Oceanfront Inn decides to evict Nubbles. Nubbles forgets his wallet in the bathroom of the Oceanfront Inn when he is evicred. Jojo, who is a cleaner with The Oceanfront Inn finds Nubbles wallet and decides to steal it. Nubbles was looking forward to his holiday in Nanaimo at The Oceanfront Inn which he booked through Island Valley Tours Ltd Tour Company and now Nubbles wants to sue the tour company for mental distress caused by loss of enjoyment, disappointment, upset and frustration caused by the breach of contract. What further information, if any, would you like to know about the facts? Is this case study similar to any of the cases we considered in the course and if so which one(s)? (Basic facts are fine if you can’t remember the case name(s)). Who, if anyone, would likely be liable if Nubbles complains/sues and what could the liability be and why? Discuss with reference to the course materials. Submission: 4. Madame Mantalini arrived at the Happy Sleep a hotel and intended to register and stay the night. Without telling anyone at the hotel, she hung up her coat in the coatcheck and had dinner in the hotel restaurant, the Cookery. Madame Mantalini has no luggage. Her coat was stolen while she was having dinner. Madame Mantalini drank way too much wine while having dinner and lost track of time. When she rang the bell to check in the hotel was closed. The innkeeper, Mr. Savalin, opened the office door and asked her name. Madame Mantalini gave her name and was rude to Mr. Savalin. Mr. Savalin closed the office door and refused to check Madame Mantalini into the hotel. Madame Mantalini was furious and she called her travel agent, Sun Travels Ltd and demanded that she be given compensation for the horrible way she was treated by the Happy Sleep and the value of her coat. Sun Travels Ltd is sorry that Madame Mantalini was treated badly but they have a waiver clause in the agreement she signed with them saying Sun Travels Ltd has no liability for anything. The clause is on the reverse side of the contract in such small print that all but the most cautious consumers were discouraged from reading it. The travel agency did not draw Madame Mantalini’s attention to the provision. What further information, if any, would you like to know about the facts? Is this case study similar to any of the cases we considered in the course and if so which one(s)? (Basic facts are fine if you can’t remember the case name(s)). Who, if anyone, would likely be liable if Madame Mantalini complains/sues and what could the liability be and why? Discuss with reference to the course materials. Submission: 5. Walter is a wholesaler of vacation tour packages and he made accommodation arrangements with the Holiday Inn in Papua New Guinea which he then sold as part of tour packages to travel agencies including Zach’s Nanaimo-based Travel Helper. Becky booked a tour package through Travel Helper for her family and she specifically wanted to stay at the Holiday Inn in Papua New Guinea because they have kitchen facilities so she could make meals at the hotel for her children and avoid paying for restaurants. When Becky and her family arrived they were told that the accommodation they had booked was not available and they were given different accommodation without kitchen facilities. Discuss the law related to this case study with reference to the course materials. Which law applies? What kind of law applies here and how does it apply to this case? What further information, if any, would you like to know about the facts? Is this case study similar to any of the cases we considered in the course and if so which one(s)? Include the case name(s). Who, if anyone, would likely be liable if Becky complains and what could the liability be and why? Submission: Part III: Restricted Essay questions. This part is worth 50 possible marks. 25 marks are available for the first two of the following four questions answered. You are limited to two pages 12 point Times New Roman font maximum for each Restricted Essay question. Material beyond two pages for each question will not be marked. Do not cut and paste material from other sources—you will probably not get a very good mark if you cut and paste material from the other sources. It is better to think about the question, think about the course materials and then answer the question asked with reference to the course materials. 1. Do you think British Columbians human rights are better protected under the Charter of Rights and Freedoms than they were before its proclamation? Why or why not? How are human rights protected in BC? Discuss with reference to the course materials and use examples to illustrate your discussion. Submission: 2. What is the role of ethics in decision-making in the tourism/hospitality industry in BC? Discuss with reference to the course materials and use examples to illustrate your discussion. Submission: 3. Is hospitality law in BC nothing more than what the judges say it is? Why or why not? Where do you find hospitality law in BC? Discuss with reference to the course materials. Use examples to support your discussion. Submission: 4. Discuss the innkeeper-guest relationship in BC with reference to the course materials. When does the relationship arise? What are the rights and responsibilities of the innkeeper and the guest at common law and under statute? Use examples to support your discussion. Submission: END TEST