MOS 2276 Notes.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2276A/B
Phillip King

Advanced Commercial Law Learning from Cases Precedence allows efficiency fairness and predictability However it does not allow for changes in social norms and values Law changes to reflect social norms and values General rule of precedent is that decision of a court is binding on all lower courts Only the Ratio Descedenda is the only part of the case that is binding Everything else is the Obiter Dicta Which still may be persuasive towards the caseLawyers will look for precedent that is binding and similar to their case If they dont have anything that is binding then they will look for persuasive precedent from other courts in possibly other countries If they can find neither then they will argue to try and convince that there should be a precedent Trial courts find facts and laws to apply them to the case Appeal courts are only used to appeal on matters of lawPlaintiff brings the lawsuitDefendant delta Claim CounterclaimInvolves a claim by a defendant opposing the plaintiff and seeking relief from the plaintiff for the defendantCross claimInvolves a demand made in a pleading against another party on the same side of the lawsuit Defamation Making untrue statements about someone that leads to irreparable damage to their reputation Tort Law Cases Pg 4079 Battery Malette v Shulman Jehovahs witness receives blood transfusion which may have saved her life even though he was aware she was a JW She sued him for trespass to the person and battery Freedom of religion affects a major part of this decisionThe ratio from this maybe that a when a Jehovas witness needs a blood transfusion and is incapable of making a decision then their wishes are to be respectedDefamation Hill v Church of Scientology of Toronto Hill was a Crown Attorney COS makes a lot of revenue selling books The CRA investigated and stated that they needed to pay tax while COS refused on the basis that they were a church RCMP did a search of their offices which became violent There was a question in terms of what information that was seized could be made public A press conference was called in which Hill was accused of a number of crimes including falsifying evidence A lawyers highest duty is to the courtThese statements were found untrue and Hill was awarded 16 million including eight hundred thousand in punitive damagesManning stated that this infringed his charter rights to freedom of expression Court stated that Hill was not defamed as a member of a government but as a private person Therefore a private individual and no charter of rights infringement as it is a tort Manning then stated that he had infringed his common law rights Courts stated that there had to be a balance between freedom of speech and the rights of a persons reputation In such a case the balance favours the rights of the persons reputation Manning then used the New York Times v Sullivan Actual Malice where the person had to know what they were saying was false or that they acted with actual malice Court said that the person needed to inquire as to the truth in order to actually make a potentially defamatory statementManning then said that he enjoyed Qualified Privilege This permits persons in position of authority or trust to make statements that would be considered slander or libel Court said that he did this in order to create the most amount of damage and that did not advance his caseFalse Imprisonment Parlee v Port of Call Holdings In this case a trial level court is functioning as an appeal court as it is a small claims court Appeals of a small claim court go to the trial level court acting as an appellant level courtMotion is a request by a party for some procedural remedy IE to dismiss a case exclude certain evidence etc Motions and appeals of said motions will occur in the same court however with a different judge An Appeal of an appeal however will go to the appeal court Parlee was seen to remove a carton of milk which upon inspection was seen to be half empty after he replaced it He was held for the police to arrest him
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