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Lecture 1

MGSC30H3 Lecture Notes - Lecture 1: Limited Liability, Sole Proprietorship, Precedent

Management (MGS)
Course Code
H Laurence

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January 7, 2015
-need to examine both sides of the argument
-what is the legal doctrine? What are the key facts that support each piece of the doctrine? What
are you going to say to support yourself?
-no right answer  only strong argument
-small claims court  excellent court  fast, cheap (<=$25), don’t need a lawyer
- it is for small things e.g. someone hit my dog vs the dog was attacking me so I had no choice
-General division  general trial
-appeals are on points of law
-1st stage: General Division -2nd stage: Ontario Court of Appeal -3rd stage: Supreme Court of
-Supreme Court generally deals with constitutional and human rights issues
-stare decisis  cases should be settled consistently
-what makes a case similar?
-law tells what key facts are. Figure out what they are
-How the courts create law? 1) Cases from same courtvery persuasive 2) Cases from higher
courts  Determinative 3) From other jurisdictions
-Sole proprietorship  unlimited liability i.e. no protection
-no special requirements to start it
-partnership is not a thing
-law of partnerships is very old. Partnerships have about 2 to 8 partners in general
-Corporations are persons
-Partnerships carry on business with a view to profit i.e. intention to make money
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