BUSAD 120 Lecture Notes - Lecture 2: Labour Law
Document Summary
The formal procedure by which a person takes a court action against another person to claim damages/recover a debt/enforce an obligation. Terms: creditor: the person that is owed something, debtor: the person who owes a debt/obligation to someone else, plaintiff: the person who initiates a lawsuit (litigation) against his/her debtor, defendant: the person whom is being sued. The new car presented many manufacturing defects in its brake system. General rule: the plaintiff (creditor) sues the defendant (debtor) in the city in which the defendant is domicile (located) If plaintiff (creditor) and defendant (debtor) live in different cities, provinces, countries: lawsuit based on breach of contract, then, the parties can state in the contract which court (city) will be competent to hear the case. This clause is called choice of venue (forum): the parties can stipulate in the contract which law will apply to govern the contract.
