BU231- Final Exam Guide - Comprehensive Notes for the exam ( 84 pages long!)

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29 Mar 2018
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BU231
Final EXAM
STUDY GUIDE
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Thursday January 4th 2018
BU231 Introductory Class
- NB Chapter 24&25 will not be covered in lecture but will be examinable. Know basic
knowledge of these topics.
- Readings are posted on course outline
Managing Risk
- Assessing potential legal risk that businesses face
- Determining methods to reduce that risk
o Prevention
- Devising strategies to cope with legal issues when they rise
o Resolution options
The Legal System in Canada
- Common law vs. civil law
o Civil law is codified
o Common law (Ontario) is judge made law
Most laws are not written down
Judges, when making decisions make laws
- Federal vs. provincial
- Constitution act, 1982
o Charter of rights and freedoms
Lays out rights of Canadian citizens
Only applies to goeret i.e. they a’t eat legislatio that goes
against the charter of rights and freedoms
- Statute
- Judge made law stare decisis
o Series of precedence
o Stare decisis
Old decisions
Judge changes laws
Judge still a’t eat las that iolate harter, ostitutio et.
History
- Organic nature of law
Legalese
- Terms to know
o Action = the lawsuit
o Cause of action = type of lawsuit i.e. tort
o Plaintiff/defendant = parties to the action
o Claim = the reason for the lawsuit
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o Damages = $$$
o Pria faie = o the fae of it
Object of Tort Law
- The object of tort la is to plae the ijured party ak i the positio she/he ould’e
been, had the tortious act not occurred
Definition
- A tort is a wrongful act* done to the person or property of another
- Harm is a required element of any tort the wrongful act must cause harm
Tort Law
- Personal injury
- Compensation for harm done
o Compensatory in nature NOT punitive
- Tort law is between individuals
- Criminal law is between individuals and the state
- Different standards of proof required between tort law and criminal law
o Tort balance of probabilities
51% chance or greater
in tort, no one is acquitted, guilty or punished, only liable
assault in tort does not mean the same thing as assault in crime
o Criminal beyond a reasonable doubt
Defendant v. Crown
For punishing someone
- Wrongful act that is done to the person or property
- Strict liability
o Under writ system no matter what farmer brown has to pay (Ee if it as’t his
fault gate was open)
- Difficult to calculate what is going to get victim back to stat before incident occurred
o Not out job to calculate this, court does
o All about compensation
Strict Liability History
- The requirement of a writ
o Category o wrongdoing acknowledged in law
- Strict liability no need to prove fault
Tort Law Evolved
- Today the conduct of the tortfeasor must be taken in consideration
- The wrong committed must still be one recognized in la
- The wrong committed must cause harm to the injured party
- Our tort system today is fault based*
* Some torte does not require an element of fault
Conduct Scale
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Document Summary

Nb chapter 24&25 will not be covered in lecture but will be examinable. Assessing potential legal risk that businesses face. Determining methods to reduce that risk: prevention. Devising strategies to cope with legal issues when they rise: resolution options. Common law vs. civil law: civil law is codified, common law (ontario) is judge made law, most laws are not written down. Constitution act, 1982: charter of rights and freedoms, lays out rights of canadian citizens, only applies to go(cid:448)er(cid:374)(cid:373)e(cid:374)t i. e. they (cid:272)a(cid:374)"t e(cid:374)a(cid:272)t legislatio(cid:374) that goes against the charter of rights and freedoms. Judge made law stare decisis: series of precedence, stare decisis, old decisions. Judge still (cid:272)a(cid:374)"t e(cid:374)a(cid:272)t la(cid:449)s that (cid:448)iolate (cid:272)harter, (cid:272)o(cid:374)stitutio(cid:374) et(cid:272). The object of tort la(cid:449) is to pla(cid:272)e the i(cid:374)jured party (cid:271)a(cid:272)k i(cid:374) the positio(cid:374) she/he (cid:449)ould"(cid:448)e been, had the tortious act not occurred. A tort is a wrongful act* done to the person or property of another.

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