LAW 525 Study Guide - Summer 2018, Comprehensive Midterm Notes - Ontario, Canada, Tort
12 Oct 2018
School
Department
Course
Professor
LAW 525
MIDTERM EXAM
STUDY GUIDE
Fall 2018
LAW 525 – Introduction – Class 1 (Chapter 1)
Offer acceptance consideration - fundamentals of contracts in common law
Pre-transaction phase
- Ginger beer case – first tort case, snail in ginger beer, doesn't drink it, sympathetic
plaintiff, went to court, was liable, turned into manufacturer liability (negligence, duty of
care)
- How products are manufactured, sales practices, advertising, inter-firm sales
Actual transaction phase
- Collection of consumer information
Post-transaction phase
- Consideration of contract must be sufficient
- Getting ripped off
Door to door sales banned in 2018
- Not true acceptance of a contract
- Businesses taking advantages of consumers
Market failure – when G and S are not distributed efficiently. Ensuring marketplace is safe to
consumers
- Can occur when one market player or group acts to create a monopoly
- When there are negative externalities and information failures occur (unsafe or
dangerous)
oE.g. when consumers purchase products unaware of hazards and risks that may
results from use or consumption of products (product safety hazards from
defective or dangerous products)
- Information asymmetries or imbalances between businesses and consumers
Government intervention – government intervene through legislation and regulations
- Products with standards
- Restrictions on products
- Disclosed information to consumers
- Preventing misleading sales practices
- Ensuring requirements are met
- Impose liability on defective products
- Going against lassiez faire practices
Risk management – identifying, evaluation and responding to possible harmful events
- Risk avoidance
oMost extreme cases, i.e. watch your step sign
- Risk reductions
oi.e. checking wording of an advertisement
- Risk shifting
find more resources at oneclass.com
find more resources at oneclass.com
oInsurance (i.e. using another company’s security guards to shift risk)
- Risk acceptance
oLast resort (knowledge of risk and proceeding)
Readings
Quebec city
- Removing billboards (visual pollution) because city is historic
- Government regulation
Health Canada
- Mandatory recall against toys, children swallowing magnets
- Product liability, government intervention
Telemarketer
- Freedom of expression
- Telemarketing using deceiving marketing practices
- Government intervention
Sears Canada
- Breach of competition act, fake sale on tires
- Regulation of how your present sales
Hershey Canada
- Price fixing, violated competition act, immunity in competition bureau
- Risk management (immunity), statue itself builds in incentives for companies to admit
liability and to cooperate
Canada goose
- Changing manufacturing countries, lower taxes outside of Canada
- Difference between qualification of made in Canada vs product of Canada
- Incentive for companies to be transparent
Belleville contractor
- Taking deposits from customers and not doing work
- Jail and restitution payments
- Market failure – false contract
Double billed
- Door to door seller of water heaters, charged monthly without owning equipment
- Competition bureau, abusing necessity of services (water heating)
Spring rolls
- Human rights act, telling man to leave service dog outside
- Non compliance, accessibility act
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law 525 introduction class 1 (chapter 1) Offer acceptance consideration - fundamentals of contracts in common law. Ginger beer case first tort case, snail in ginger beer, doesn"t drink it, sympathetic plaintiff, went to court, was liable, turned into manufacturer liability (negligence, duty of care) How products are manufactured, sales practices, advertising, inter-firm sales. Market failure when g and s are not distributed efficiently. Can occur when one market player or group acts to create a monopoly. Information asymmetries or imbalances between businesses and consumers. Government intervention government intervene through legislation and regulations. Risk management identifying, evaluation and responding to possible harmful events. Risk avoidance: most extreme cases, i. e. watch your step sign. Risk reductions: i. e. checking wording of an advertisement. Risk shifting: insurance (i. e. using another company"s security guards to shift risk) Risk acceptance: last resort (knowledge of risk and proceeding) Removing billboards (visual pollution) because city is historic. Mandatory recall against toys, children swallowing magnets.
