LAWS 1000 Lecture Notes - Lecture 15: Edwards V Canada (Ag), Neoliberalism, Child Protection
Document Summary
Macaulay, non-contractual relationships in business: a preliminary study. Mnookin, bargaining in the shadow of the law: the case of divorce. Disputing and the conflict process": three stages of dispute, pre-conflict stage, confrontation stage, dispute stage, public, third party involvement, three primary dispute resolution processes, including: Legal studies laws 1000-c: business relationships are crucial to survival. Importance of preserving good relations to continuing the business relationships. Macaulay"s three reasons for having contracts: contracts are a communication device, contracts minimize risk, contracts as governance. When is litigation likely: when nothing else will work and business divorce" is a desired outcome, when the conflict is such that it is necessary to save the corporate face , when personalities in the corporate hierarchy are pro-litigation. Why will the courts rubber stamp privately-ordered settlements: uncertainty about what circumstances warrant altering parental decisions, inability to control parental behavior once parties leave the courtroom.