MGT393H5 Lecture Notes - Alternative Dispute Resolution, English Law, Substantive Law
Document Summary
Impacts decisions made by businesses: can affect success and failure of business, legal consequences affect profits and losses, manage legal risk. Risk shifting: make the risk someone else"s problem. Risk acceptance: choose to live with the risk. What is law: rules that govern an individual in a given society (which is dynamic, should be consistent, predictable, certain. Substantive (rights and duties that each person has in society) Procedural (law that deals with the protection and enforcement of substantive rights and duties) Substantive law is what the law is and procedural law deals with how the law is enforced. Sources of law: constitution (includes charter, statutes (laws made by government) Criminal code of canada, income tax act: common law (english common law - judge-made law following precedents stare decisis: to stand by previous decisions. Purpose: certainty, predictability, continuity, consistency, cases distinguished on their facts: municipalities pass by-laws, not statutes (they are corporations without shareholders)