COMMERCE 4SD3 Study Guide - Winter 2018, Comprehensive Midterm Notes - Canada, Tort, Time
12 Oct 2018
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Department
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COMMERCE 4SD3
MIDTERM EXAM
STUDY GUIDE
Fall 2018
COMM 4SD3 Ch. 1 Notes
Law, Society, and Business
The Role of Law
• Law not only forbids harmful conduct, but prescribes simple but vital rules that allow us
to get on with our everyday lives, ex. Driving on right-hand side of road
• Law involving government is public law and we as society expect our gov’t to operate in
accordance with the rule of law
o Public Law: law that regulates conduct of gov’t and relations btwn gov’t and
private persons
o Rule of Law: established legal principles that treat all persons equally and that
gov’t itself obeys
• Private Law: law that regulates the relations between private persons and groups of
private persons
o Can enable us to make legally binding agreements
o Provides certainty in determining contractual and property rights = essential for
business
• Although law is based on the basic standard of morals and ethics, morals and ethics are
really a higher standard than the law since they are optional standards that involve
integrity, trust, and honor; no clear distinction
• Law must be rooted in the ethical and moral values of society in order to be effective, but
law and justice may NOT always coincide
Legal Liability: when a person is held responsible for the consequences of breaking laws; 3 types
1. Criminal Liability: responsibility arising from commission of an offense against the gov’t
or society as a whole; matter of public law and more serious consequences, ex. Murder
2. Regulatory Liability: (also called quasi-criminal) responsibility arising from breaches of
less serious rules of public law, often enforced through specialized regulatory tribunals
set up by gov’t for specific purposes
• Less offensive but still necessary for orderly society
• Ex. Proper driving habits
3. Civil Liability: responsibility arising from breach of private law, enforced through
lawsuit initiated by victim
• Persons harmed will be responsible for enforcing law through private or civil suits
• Ex. Tenant fails to pay rent
Law and Business
• Businesses can face criminal, regulatory, and/or civil liability
• Execs identify legal certainty as one of the key factors that determine whether or not to
invest in a particular country
find more resources at oneclass.com
find more resources at oneclass.com
• Model laws are recommended templates for domestic laws; developed by advisory orgs
such as law reform commissions
• Treaties and conventions are int’l agreements btwn gov’ts in which countries agree to
pass similar laws; often brokered through super-governmental organizations: non-profit
associations of governments from around the world working to find common approaches
to international issues, such as WTO or UN
The Charter of Rights and Freedoms
• In 1982, the Charter became part of the Constitution
• It places limits on many aspects of government action and protects human rights
• “The Constitution of Canada is the supreme law of Canada, and any law that is
inconsistent with the provisions of the Constitution is, to the extent of the inconsistency,
of no force or effect.”
• Changes in the Charter must occur by amendment with consent of the Parliament and the
legislatures of at least 2/3 of provinces containing at least 50% of population of all
provinces
• Idea of rights based on higher law was major departure from British parliamentary
supremacy = similar to theory of U.S. Constitution
• Section 33 permits a legislature to override certain other sections if a statute states that it
shall operate notwithstanding
• Contains a sunset clause where the overriding section of the statute expires 5 years after
it comes into force unless re-enacted by the legislature
• None of the rights in the Charter is absolute: section 1 states that they are all subject to
“such reasonable limits prescribed by law as can be demonstrably justified in a free and
democratic society”
• The Charter applies to governments and governmental activities, while the human rights
codes of each province apply to the private sector (also includes corporations and
publicly funded universities since they are considered to be independent of the gov’t—
Supreme Court refuses to extend Charter requirements to them)
Fundamental Freedoms
2. a) freedom of conscience and religion
b) freedom of thought, belief, opinion and expression, including freedom of the press and
other media of communication
c) freedom of peaceful assembly
d) freedom of association
Legal Rights
7. Everyone has the right to life, liberty, and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable search or seizure.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
The role of law: law not only forbids harmful conduct, but prescribes simple but vital rules that allow us to get on with our everyday lives, ex. Proper driving habits: civil liability: responsibility arising from breach of private law, enforced through lawsuit initiated by victim, persons harmed will be responsible for enforcing law through private or civil suits, ex. In 1982, the charter became part of the constitution. Supreme court refuses to extend charter requirements to them) Fundamental freedoms: a) freedom of conscience and religion, freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication, freedom of peaceful assembly, freedom of association. Sections 11-14 deal with the rights of persons accused of crimes during criminal proceedings against them. Significance of charter for business: gov"t regulates and controls business environment through legislation, retail industry = revolutionized by such a charter argument.
