Management and Organizational Studies 2276A/B Study Guide - End-User License Agreement, Undue Influence, Vicarious Liability

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2276A/B
• Professor: Frederick King

Document Summary

Government must act in a constitutional manner when passing new laws. Ontario, but it can be persuasive and influential. Ratio the essence of the case, is what defines the precedent, what is binding. Obiter everything other than the ratio, other things said, can be persuasive: duty of care of a social host. Ratio one case did not find a social host owed a duty of care. Obiter not to say that a social host could never owe a duty of care if the facts had been different. Contracts don"t need to be in writing, but it is highly preferable: objectives of written contracts: Evidentiary shows exactly what terms was agreed upon (signatures) Intention many drafts my be created, but it doesn"t mean both parties have agreed, but a final signed contract shows parties have intended to be legally bound. Minimizes the risk of misunderstanding increases certainty.