ADMS 2610 Chapter Notes -Precedent, Lex Mercatoria, Bankruptcy

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Published on 1 Dec 2011
School
York University
Department
Administrative Studies
Course
ADMS 2610
Professor
Chapter One:
Tort Law: Concerned with Injuries to others. May arise as result of
Negligent production of goods causing injury to consumer
Careless professional service causing physical or economic loss
Unsafe operating premises
Injuries in a myriad of activities or through action of employees
Contract Law: concerned with the basis of business and application of day-to-day
operations of business organizations
Facilitates purchase and sell of goods
Facilitates employment of staff
Facilitates reduction of risk through insurance contract.
Contractual relationship and law that controls other business relationship include:
Bailment
Labor law and employment
Negotiable instruments
Consumer protection and law relating to restrictive trade practices
Land Law: Area of law that covers the purchase or lease of premises or the financing of
the purchase and buildings, these include:
Securing of debt in credit transactions
Bankruptcy law
International trade
Environment Law
Protection of Intellectual and Industrial property.
Law: Set of rules that enable people to live together and respect each others rights
Common Law: Recorded Judgments of the law
Rights: Particular acts with impunity, or with the force of the state behind us. Imposes a
duty on others not to interfere with our actions
Privileges: Actions taken by individuals under specific circumstances may be withdrawn
or curtailed by the state.
Role of Law:
Rules of conduct that are obligatory and failure to adhere would lead to sanctions being
imposed. Used to implement public policies which don’t fulfill desires/wishes of people,
but desires of those in a position of political power at a given time – Social control
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3 main functions of law:
Setting disputes
Establishing rules of conduct
Providing protection for individuals
Sources and Components of the Modern Canadian Law
Common Law:
Law found in the recorded Judgments of the court. Also known as case law because
statement of common law may be found here and to distinguish if from statute law
Statute Law: Law passed by a properly constituted legislative body
Stare Decisis: To let a decision stand/ Stand by a previous decision. Precedent in
common law. Doctrine means that judge must apply previous decision of a case similar to
one before, providing such decision was:
From the Judges Court
From court of Equal Rank
From a higher ( Superior ) Court
Cannon Law: Law developed by the church to deal with matters that fell within their
Jurisdiction. Included religion, family, marriage and moral matters. Many rules of
cannon/ Church Law became a part of common law.
Law Merchant: Customs/ Rules established by merchants to resolve disputes that arose
between them, later applied by common law judges in cases that came before courts/
Equity: Rules originally based on decision of king rather than on the law and intended to
be fair.
Statute Law: Wishes of people brought forward for debate, becomes a law if majority of
legislators believe that the law is necessary.
BILL is the beginning of a statute law- proposed law presented to a legislative
body ( HOC or PL )
It requires a MOTION is the decision to read a bill for a first time and printed
for circulation. Members given time to prepare to debate it contents.
BILL comes for the second time and then re-debated.
If BILL passes, it is send to committee of the house for study on a clause to
clause basis and BILL can be amended at this stage
If BILL approved, its reported in its final form by chair of committee to
legislature. If passed by majority, it goes to the senate ( Federal Level )
Once approved by HOC, PL or senate, it must receive ROYAL ASSESMENT
Needed in order for a BILL to become a LAW is done by Governor General
Its then PROCLAIMED – Law becomes effective
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Statute law:
Advantage: Can be changed quickly and respond to societal needs easily.
Disadvantage: Strictly interpreted by courts
Quebec Civil Code: Body of written law that sets out the private rights of the citizen of
the state.
These Include: Persons, family, successions, property, obligations, claims and hypothesis,
evidence, prescriptions, publication of rights and private International laws.
Administrative Law: Body of rules governing the applications of statutes to activities
regulated by Administrative Tribunals Agencies created by legislature to do specific
things.
Activities that fall under this Jurisdiction include:
Sales of securities by public companies
Labor relations and Employment Standards
Aeronautics and Broadcasting
Sale and consumption for alcohol beverages
Land use and other commercial activities/
Constitutional Foundation of Canadian Law
Constitution: Basis upon which a state is organized and the powers of its government
defined.
It’s divided into: Canadian Charter of Rights and Freedom an d Amending Formula
Canadian Charter of Rights and Freedom: Is a formal written document that sets out the
rights and freedoms of Canadians:
Recognizes the supremacy of the legislative bodies for passing certain laws within
the sphere of jurisdiction.
It encompasses:
Fundamental Freedom
Mobility and Personal Liberty
Rights to due process
Equality Rights
Enforcement rights
Protection of other special and General rights and freedom
Classifications of Law:
Substantive Law: Sets out rights and duties of Individuals
Procedural Law: Procedures Plaintiff must follow to enforce substantive rights
Substantive Law divided into Public Law: Relationship between Individuals and
Government.
Private Law : Relating to relationship between Individuals
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Document Summary

May arise as result of: negligent production of goods causing injury to consumer, careless professional service causing physical or economic loss, unsafe operating premises. Injuries in a myriad of activities or through action of employees. Contract law: concerned with the basis of business and application of day-to-day operations of business organizations: facilitates purchase and sell of goods, facilitates employment of staff, facilitates reduction of risk through insurance contract. Contractual relationship and law that controls other business relationship include: bailment, labor law and employment, negotiable instruments, consumer protection and law relating to restrictive trade practices. Land law: area of law that covers the purchase or lease of premises or the financing of the purchase and buildings, these include: securing of debt in credit transactions, bankruptcy law. International trade: environment law, protection of intellectual and industrial property. Law: set of rules that enable people to live together and respect each others rights.

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