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Ryerson University
MKT 100
Joanne Mc Neish

Chapter 1: Risk Management Risk management = the process of identifying, evaluating and responding to the possibility of harmful events which could lead to legal liability - Business (?) = risk protection - In-house counsel - Legal departments - Get legal advice time to time Risk Management Strategies - Risk Avoidance = avoiding the rick all together on account of its serious nature o Removing a dangerous product from the market o Ex. Exploding car in the market? AVOID IT - Risk Reduction = reducing ricks to an acceptable level thru the use of precautions o Modifying a dangerous product to reduce the likelihood of damages o Ex. Poor economy but lending money? Reduce risk grant mortgage over a factory (can get the factory if they don’t pay back) - Risk Shifting = enabling a 3 party to assume risk o Insurance = works by spreading the cost of liability over the entire group  Liability insurance  Property insurance = damage property? Insurance will cover the costs o Exclusion and limitation clauses  Contractual terms that exclude liability for certain types of acts/losses, or that limit the amount of compensation available  Ex. Works hurts someone w/ equipment → Company liable but if INDEPENDENT CONTRACTOR hurts someone w/ equipment → company not liable - Risk Acceptance = identifying and accepting the risk → just accept it o Do nothing o Ex. Golf course, wild shot breaks nearby factory’s window, just accept it → it costs less to fix the damages than making a huge safety net or have an insurance policy - Incorporation = some businesses are incorporated o Major benefit = limited liability → only the company itself is liable, not the shareholders or the directors for debt  Limited liability not protected from all risks → ppl may be held liable for the torts they committed Introduction to the legal system - Jurisdiction = a geographical area that uses the same set of laws - Law = a rule that is enforced in by the courts - Civil law = a legal system that traces its roots to acienct Rome (the legal system used in Quebec) - Common law = a legal system that traces its history to England (the legal system used in the remainder of Canada) Overlaps → Crime and torts - Contract b/w employee and administrative law (if company discriminates against ethnic minorities) - Contract b/w employee and boss sexually harasses employee is criminal law Public Law = concerned with governments and the ways in which they deal with their citizens - Areas of Public Law o Constitutional Law = Provides basic rules for our political and legal systems  Determines who is entitled to create and enforce laws o Administrative Law = Concerned with the creation and operation of administrative agencies, boards, commissions and tribunals  Ex. Human rights tribunal decide that a corporation is discriminating against women based on their salaries  Administrative bodies that affect business:  Federal: Canadian Radio-Television and Telecommunications Commission, National Energy Board, Competition Board  Provincial/Territorial: Workers’ Compensation Board, Labour Relations Board, Environmental Appeal Board, Professional Society (Law Society of Upper Canada)  Municipal: Zoning and Planning Board, Building and Inspections Department, Licence Division o Criminal Law  Governing offenses against the state  Break rules that are designed to protect society as a whole  White-collar crime = Crime committed by business persons  Ex. Manager stealing cash from cash register  Corporate Crime = Crimes committed by a company itself  Ex. Car company rolling back the odometer o Tax Law = Concerns laws that are used to collect money for public spending  Great interest in the business community Private Law = concerned with the rules that apply in private matters - Areas of Private Law o Usually persons (individuals or an corporation) also apply to government o The law of torts = Governs private wrongs committed against individuals and organizations  Intentional Torts: assault and battery, trespass to land, etc.  Business Torts: conspiracy, intimidation, deceit, etc.  Negligence: a person carelessly hurts another o The law of contracts = Governs the creation and enforcement of private agreements 1. Sales of goods 2. Negotiable instruments like cheques 3. Real estate transactions 4. The operation of corporations 5. Employment relationships o The law of property = Governs the acquisition, use, and disposal of property 1. Real property like lands 2. Personal property like things that can be moved one place to another 3. Intellectual property like original ideas: patents and copyrights Sources of law = broadly speaking there are three sources: - The Constitution - Legislation - The Courts The Constitution = this document creates the basic rules for Canadian society, including its political and legal systems. - Difficult to change, can change thru special amending formula = consent of Parliament + Legislatures of at least 2/3 of the provinces, when consenting provinces represent at least 50% of the country’s population - Section 52 = “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.” Federalism = Canada is a Federal country - There are two main levels of government o Federal = Deals with the authority and represents the interests of all of Canada  Parliament consists of:  Senate – Appointed  House of Commons – Elected officials o The Prime Minister is the leader of the party with the majority of seats in the House of Commons o Provincial/Territorial = Deals with the authority and represents the interests of each province or territory  Provincial Legislative Assemblies consist of  Members of the legislative Assembly – Elected officials o Premiere is the leader of the party with the majority of seats in the Legislative Assembly  There is NO SENATE Canada’s link with Great Britain - Queen Elizabeth II o Canada’s Head of State o Represented in Canada by:  Federal Level – Governor General  Provincial Level – Lieutenant Governor  Territory – Commissioner Division of Powers - Indicates the areas of authority each level of government has and therefore its authority to enact legislation about these matters o Federal – the constitution act, section 91  Criminal law, taxation, employment insurance, banks, copyrights and intellectual property, money/negotiable instruments, international and interprovincial trade and commerce, navigation and shipping, copyright and any matter that is not exclusively given to the provinces o Provincial – the constitution act, section 92  Property and civil rights (contracts and torts), direct taxation to raise money for provincial matters, creation of municipalities, matters of a local or private nature within a province Residual Power - The federal government retains the authority over everything that is not specifically mentioned in section 92 of The Constitution Act, 1982 as being Provincial o Ex. Telecommunications and Air Travel Effect of sections 91 & 92 - Legislative bodies can only act within the powers given by the Constitution Act, 1982 - Ultra Vires o Beyond the power o If any level of government acts outside its powers such laws have “no force or effect” as stated in section 52 of the Constitution Act, 1982 Charter of Rights and Freedoms = Introduced in 1982, part of the constitution act, 1982 - Protects certain rights and freedoms of individuals (sometimes businesses) against the actions of government - The Charter DOES NOT directly apply to disputes involving private parties - Reasonable Limits o Section 1 = The Canadian Charter of Rights and Freedoms (a) guarantees the rights and freedoms set out in it (b) subject only to:  (1) Such reasonable limits (2) prescribed by law (3) as can be demonstrably justified in a free and democratic society. - Corporations o The Charter generally does not apply against private corporations, nor does it generally apply in favour of them o Since a corporation is considered to be a person the sections pertaining to “everyone” apply; eg. section 2(b) o However, a corporation is not an individual therefore sections relating to “every individual” does not apply; eg. section 15 - Notwithstanding Clause; section 33 o Section 33 enables a government to “override” many freedoms o The government must declare, in the legislation, that it is appl
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