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1 Introduction.docx

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Shelley Mc Gill

Why are you studying law?  To build a strategy Schwartz model of CSR  Must look beyond the financial and business implications of the situation  Where the 3 circles overlap = ideal  But, lots of legal behaviour does not overlap ethical behaviour o Therefore, need guidelines Private law = law between civilians = our focus  Contract law  how it deals with suppliers, employees, businesses Public law = govt to citizens Goal:  Recognize a potential legal risk o If you are legally liable, you are legally responsible  Making the person responsible pay to fix it  compensate the victim  Be able to distinguish law and ethics o If someone complies with the law, they may not be ethical Risk management: 1. Spot the potential problems and who is going to be liable 2. See how likely the problem will occur  ie. Food poisoning, coffee burns  if more likely, size is small 3. What is your strategy  ie. How hot will the coffee be? What can determine the temperature of the coffee? 4. Implement 5. Do ongoing revisits/ plans. Consider what other stakeholders (ie. Employees) can sue you about?  ie. Why would I want to install a security camera in the washroom? More secure but less privacy Law = society as a whole accepts  must be majority rules  about the lowest common denominator  the lowest rule we can all agree on  ie. The alcohol law (used to be illegal) Ethical  expects a higher view on conduct  trying to elevate the law  Ethics dives the law, but the law doesn’t drive ethics Legal tools:  Criminal law = for the worst behaviours = most extreme punishments o ie. Kill people, take away their freedom for varying lengths of time (ie. Prison), beating people o Considers if they considered it and meant to do it o Public law  government will be after you  Regulatory liability = considers whether they considered to do it and whether they meant to do it or not o Ie. Driving on the other side of the lane o Less serious but still punishable  ie jail for shorter term, fine, community service o Public law  government will be after you  Civil liability o Private law = does not involve government o Least serious offence/ type of law o About issues about individuals that the government doesn’t think affects society as a whole  Gives them the right to settle the dispute yourself  The winner will get money to compensate the lost  Ex of all 3 = a drunk person kills someone o Criminal = charged with drunk driving o Regulatory = charged with a ticket o Civ
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