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

Management and Organizational Studies
Course Code
MOS 2276A/B
Frederick King

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Terms 2/28/2013 10:42:00 AM
Subsequent statutes trump earlier case law
Government must act in a constitutional manner when passing new
Distinguishing the case on the facts
o The courts get to decide when a precedent applies in a case
o If the facts are sufficiently similar, precedent will usually
o Trial judges try to make decisions that are not going to
change when appealed
Authority lower courts are bound by the decisions of the higher
o Courts of appeal are not bound by their own decisions they
can depart from their own precedent
o They do generally tend to follow their previous decisions
o A decision from an Alberta court of appeal is not binding in
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
o 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
Needed for a contract:
o Consensus an objective test, would a reasonable person
conclude that an agreement was made
o Legality
o Intent (to be legally bound) test is objective, whether a
reasonable person would conclude they intended to be legally
o Capacity
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