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BUSI 2601 LAW CLASS NOTES 14 november 2013.docx

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Carleton University
BUSI 2601

BUSI 2601 LAW CLASS NOTES THURSDAY, November 14 2013 We didn’t have regular air conditioning, summer classes at the outside places we cancelled. st University of Ottawa passed a resolution starting January 1 will study their program in French will pay the same price as an Ontario student, but if you are anAnglophone then you will pay the international fees. Legal remarks: People who are residents of Canada pay taxes to If you are studying University of Ottawa is facing a competition with the one in Quebec, How do you compete? You cant compete otherwise they will never attract everybody is competing on fees Mandate of university of Ottawa: Provides three things a) To provide education and learning environment of highest standards, b) In regards to Christian society to provide education that upholds society. What does that mean? They have rector because it is a Roman Catholic society that has transferred its authority to a non-religious authority, the have a duty to promote and duty to protect French language in Ontario. By having large number would that not promote the French language in Ontario. University of Ottawa is growing they cannot have capacity they have 42,000 student they rd are becoming 3 largest university in Ontario, they got to keep a ratio of the Anglophone and francophone to fulfill the mandate and to get the grant from the government. One thing: strong group in Ottawa U to separate/split francophone and Anglophone on one side. Is that discrimination against internationalAnglophone and francophone? So any international student that wishes to perform in French can. That’s the legal spin guy. McGill is considered as Canada’s number 1 university. To go to that level … How can you compete? McGill’s MBAregardless of beingAnglo or Franco they charge you 28,000 $ they are very acute about that system If you pay tuition fees that would never happen. When you have to pay 2500 versus paying 10,000 a year what would you pay? It makes a big difference. There is a dilemma, no reaction nothing, would you not expect people to voice some issues because NO there is no issue it doesn’t touch you so you don’t care, The tuition fee in Quebec is a killer, Last February, March andApril, When you cross the river you cross a different society Suddenly students start to boycott the classes as I was teaching they would have whistle dog repellent you cant have a class, I still have the midterm of those courses that I have never given, they didn’t go to class because the government wanted to increase by 200$ a bulk of students thought it should be free. They didn’t go to class till the next term. These guys believe there should be no tuition fees. I would sit in the corridor they would be blocking the door, majority of the deans were supporting the boycott management was supporting they had a political issue there, there is 8 classes there is 8 weeks where there is nothing so the issue was what do we do? These guys were adamant about it. One week what they did: they barricaded themselves to school they all brought sleeping bags they slept in the school they used chains and chairs to lock all the doors at 5 in the morning. SWAT (SQ) team comes from the Montréal they are accustomed with these situation they know how to use their tools they are all lined up 100s of them they are banging and getting ready they are giving legal advice to get out, brought my daughter where daddy works I wanted to show when the police officer they are giving you a legal advice you get a criminal record if they didn’t listen it would come on record. These guys go in they grab people and put people in the patty wagon, cops know how to do it, (patty wagon is armored vehicle to arrest individual to put them in a confident) they go in they start crying (girl) the cops says you have to shut up that’s the legal advice. When you are in the real world the more you have professional obligation once you break the rules if you break the law then you would never be able to erase the record. The lesson: you have to avoid any issue that have political gain but have legal consequences. In fraction you can only claim your pardon after 10 years. The actual elements of terms of agreements: 1. Notion: Terms of an agreement can be expressed or implied: expressed means that the terms are specifically spelled out so that means that we would say that you have the right or license to watch hockey game while typing notes in class. In this university the Professors are given the right to ask to shut computers and write notes on paper. 2. Terms can be spelled out verbally or written Terms that can create issues with the interpretation we need to look how do we do the interpretation of the terms. There are certain rules that we need to follow: i. The more term are generic the more we give general understanding. ii. The more a term is precise the more you have the specific of the term: you have a narrow interpretation. E.g: if I use contact lenses it’s meant to correct vision, who would actually buy contact lenses to look nicer it’s not a device, non prescription contact lenses are considered cosmetic the more the term is precise the more it becomes specific iii. We look at the general intent to those parties: it means that out there we see how the people think and see things try to understand what are the desire of the people and trying to achieve. Example: hockey if I use the word hockey in Canada it means skate and ice, and other places it means field hockey. It’s the context. 3. If the drafter of the agreement creates an interpretation that is subject to confusion or creates a fundamental question of interpretation the drafter will support the negative outcome of that interpretation. What does that mean? If the drafter uses it’s power to drafter it makes it so much ambiguity if one supports the drafter creates a negative the drafter is supported …they miss drafted the agreement they are suppose to be blamed. When you guys read your agreement that are unclear, it may be written in a legal fashion that is unclear, not misunderstood. Example: you will read the constitution of act of Quebec 1999 the If I were in a law class I would use generic English words, Example: when you go to inlaw …… Implied term is where the terms are not spelled out but are necessary in order to enforce the agreement. Example: in your employment contract do we actually have all the specific tasks you would do as an employee? There are four elements of implied terms: 1. Necessities of business (enforceable contra
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