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Final

BU231 Study Guide - Final Guide: Intentional Tort, Corporate Social Responsibility, Strict Liability


Department
Business
Course Code
BU231
Professor
Shelley Mc Gill
Study Guide
Final

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Page9
BU231 - Business Law
Monday Sept 13th
Outline
Law
Public
Private
Tort
Intentional
Unintentional
Negligence
Owner’s Liability
Product Liability
Duty to War
Contract
Corporate Social Responsibility
three elements of responsibility
Ethics - responsibility to make ethical decisions, responsible to a higher
standard than just the law - always outpaces the law, but the law slowly is
changed by ethics
Legal - responsibility to not exposing the business to legal liability, both to
the Government and to other third parties including customers and
suppliers
Economics - responsibility to make money
Goals of the Course
Risk Management - knowing if you have a legal risk
Identify Legal Risk
Recognize Potential for Legal Liability
Understand the link between law and ethics
Corporate Social Responsibility
Develop Legal and Ethical risk management strategies
Five Steps to Legal Risk Management
Identify legal risks
Evaluate the size, likelihood and frequency of the risk - does it happen a lot but
small (parking ticket), rare but large (BP spill) or both
decide on a an action plan
implement plan
regularly review plan
What is Law

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BU231 - Business Law
An adopted set of mandatory standards that society accepts as predictable and
organized behaviour necessary for a just society
focus on laws that get the most people to follow without having to memorize it, if
too many people cannot follow it, then it is often questioned as a good law
Tools to obtain compliance with the Law, things the government can do to
enforce laws
Civil Liability - Government does not enforce, only sets up courts so that
people can take the law into their own hands and sue
Regulatory Liability - shorter jail time, fines
Criminal Liability - longer Jail time, more serious
both Regulatory and Criminal often only the attempt is needed to
enact punishment
Civil Liability is taken care of by individuals (law suits)
often only one time of enforcement is used but the Government
can use all three for some offenses. the more society is outraged
the more types of liability they will use
What are Ethics
Values and standards of conduct considered advisable in an honourable person
How are Law and Ethics linked? Law is modeled after widely accepted ethics
What does the Course Cover
Public Law
Law governing relationship between individuals and the Government
maybe be personal affairs (marriage) but the government is still involved
Private Law
Law governing relationship between individuals
Other terms
International vs. Domestic law - laws that are international (aren’t really any
because there is no enforcement) international law is called “soft law” because its
based on compliance
Public vs. Private - is the government involved or not
Constitutional Law vs Constitution Act - the constitution outlines the structure of
the countries, the charter of rights and freedoms, outlines the goals of the society
but only affects government, so government cannot make laws that violate it can
be sued, but businesses cannot be attacked with it
Role of the Charter - used by business, but is not sued with it
Civil Law vs Common Law - the system which the court system is structured
Common Law - British system
Judges are empower to make law (judges can make law not just
government)

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BU231 - Business Law
whenever a Judge makes a decision ever other court below it must
follow the decision, can only be overuled by that same level court
laws are then refered to by the court case
law is therefore a culmination of thousands of binding decisions by
judges
order of courts
Supreme Court of Canada
Ontario Court of Appeal
Superiour Court of Justice
Small Claims Court
Civil Law - used by Latin (especially French) countries
Laws are summed up in “Civil Codes” all laws are listed in that
Code
Judges then “interpret the law”
laws are very similar between the two but the way the are enforced and
made are very different
Civil Law Language
Plaintiff (person who complains)/Defendant (person who defends)
Cause of Action - legal reason for suit
Liability - responsibilities
Pleadings
Burden of Proof
Standard of Proof - how sure you have to be to make the decision (beyond
reasonable doubt) (criminal courts need to me more sure than civil courts, that is
why OJ simpson lost in civil court but not in criminal)
Damages - what your after (almost always money)
Dissent
Binding
Wednesday Sept 15
Tort Law
A Tort - is a loss resulting from someone else’s wrongful act or failure to act
a Category of Civil law that covers many different causes of action
There are intentional and unintentional torts usually intention is not the issue -
Fault is
two kinds of Tort’s
Intentional
Unintentional
The Goal of a Tort suit is not to punish the wrongdoer but to simply compensate
for the loss
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