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MGMT 3100 Study Guide - Midterm Guide: Precedent, Inequality Of Bargaining Power, Contributory Negligence

Course Code
MGMT 3100
Peter Mac Donald
Study Guide

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Week 1
Definition of law
o P.F.D.
o Protecting people and their property, facilitating interactions, dispute resolution
o Basic standards of behaviour that are enforced by government
Legal liabilities
o Criminal
o Quasi-criminal
o Civil (tort, contract, misrepresentation)
Legal risk management plan
o Legal audit, develop plan, implement plan, revise plan
Sources of law
o Case law, basic
o Federal paramountcy
federal law prevails over confliction of law
Charter of rights
o Fund, legal, equality, mobility
o 2 limitations
reasonable limit, notwithstanding
o literal vs liberal interpretation
literal textbook definition
liberal based o hat the la’s purpose as he it as passed
common law system
o stare decisis using precedent
must abide by the precedent of the higher courts
process of civil procedure
o plaintiff sends statement of claims, statement of defense, discovery, alternative
dispute resolutions (arbitration, mediation), pre-trial, trial, appeal, supreme
class action
o many people & same set of evidence
o res judica no case can be re-open with the same sets of evidence
o solicitor- client fees
payment for time and expense of a lawyer
lawyer fees based on rate
o contingency fees
fees based on winning
issues with it (frivolous lawsuits etc. )
o party-party costs
association of most or all litigation costs with the party that loses the case
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Values underlying canadaian legal system
o Consistency similar cases tried in similar ways
o Constancy- if laws are changed, must be greadual and expected
o Accessibility able to find/know our laws in order to be expected to follow them
o Reasonableness- laws are reasonable LOL
o Enforcement a place to go to have our laws enforced
o Flexibility- adapting with the times + social norms
o Fair and impartial judges decision based on objective standards
o Broad application- same laws apply to everyone
week 2
role of contract law voluntary legal relations
nature of contract
o 4 basic requirements
o exclusivity
specific contract
o indemnification
company is not liable for anything the athlete does
company has to pay upfront but can get reimbursed
o must be known to each party
o communication must be heard and understood
o written offers
standard form of contract
o required notice of terms
unusual or unexpected terms
o lapse of a contract
3 ways
o revocation
o options
o must be certain and unconditional
o silence cannot be considered a form of acceptance
unless 1 of two things happen
o negative option billing
o moment of acceptance
standing offers
o mail + stamp rule
o unilateral + bilateral contracts
o formation of internet contracts
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