COMMERCE 4SD3 Study Guide - Spring 2018, Comprehensive Midterm Notes - Tort, Exclusion Clause, Damages
12 Oct 2018
School
Department
Course
Professor
COMMERCE 4SD3
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Business law – 4SD3 introduction
Small claims court only deal with claims up until $25k, could go up to $50k
Law is defined in different ways. Need to understand its purpose and why we have it
- Pupose it to egulate soiet’s odut
- Negative laws; tell us what not to do (i.e. must not go at a red light)
- Positive laws; tell us what to do (i.e. stop at a red light)
- Rules are used to regulate conduct which are enforced by courts, not police. Police
efoes the ultiate la; if ou do’t follow rules by courts, they get involved
Rules come from 2 sources:
1. Statutes
- Rules passed by federal and provincial government
2. Previous court decisions
- Rules accumulate (more laws today than yesterday because cases were resolved today)
Both of these are sensitive to change in society, change as values change
(Ex. If you wanted divorce, you would previously sue the other person for adultery or whatever.
Today, you can get divorce without walking into courtroom
Basic presumption in law today: everybody is assumed to know every law!
- In reality, nobody knows every single law and yet our legal system assumed everybody
does
- This eas legal sste is ased o false assuptio. It ould’t ok that a o else
people ould sa the did’t know the law
- If you’e assued to ko ee la, ou hae to fid out
1. Textbook
2. Notes
3. Internet
4. Cosult lae (i Otaio thee’s lae efeal seies hee ou get half a hou
fee legal advice)
**It’s eas to fid a ase, ut it’s hade to oe up ith the uestio to ask
Law can be compared to medicine
Copaailit; thee’s peetie ediie like gettig the flu shot so that ou do’t get a flu.
It’s ot uatie.
- Preventive law operates the same way; prevents a legal problem (i.e. put together a
legal contract in writing)
Diffeee; i ediie, ou go to doto ad get egula hekup to get told ou’e health ad
if not, get medicine.
- You a’t go to a lae and ask if you have any legal problems?
find more resources at oneclass.com
find more resources at oneclass.com
Areas of Law
1. Procedural; rules of practice
- What courtroom you go too, type of documents you need
- Need to understand how the legal system works and how it works with commercial
disputes
- Also need to examine the approach that is taken to deal with problems, language used,
etc.
2. Substantive **
Public law
- Government is involved by getting into the actual cases and dealing with them (i.e.
criminal cases)
i) Constitutional law
- Separates power of what federal and provincial governments can do (if they step on
each others turf, go to court)
- Establishes the charter of rights and freedoms; deals with our basic rights and freedoms
(i.e. saying that our prostitution laws in Canada are not constitutional
ii) Administrative law
- Age’s, tiuals, oissios, laou elatios oad, Otaio uiipal oad
- About 200
- They are presided over by civil servants
- Important in commercial context (i.e. when opening up a bar, you have to make
decision of getting liquor licence which will be monitored by one of these boards hired
by the government)
Private
- Dispute between individuals (corporations is also an individual because they are
separate legal beings)
Status; the position held by something or someone with regard to law. It’s the rights, duties and
obligations one has when dealing in a particular area of law.
I) Corporate; give a company the status of being a corporation
II) Fail la; aital status has a lot to do ith hat ou a ad a’t do. Las ae
diffeet if ou’e aied, sigle, oo la, et.
III) Immigration law; given rights as to who can be in the country or not
- You can be in more than one area of law for the same situation
E. As ou’e diig do a steet ith a ouple diks, kok do a pedestia. The sue
you which is private law. You also get charged criminally for a dui.
Ex. OJ Simpson got found guilty for wrongful death and got acquitted for another charge in
same situation
Terms:
1. Common law; means more than one thing
- A system of precedent by using common law system
- All provinces use this except Quebec for historical reasons
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Small claims court only deal with claims up until k, could go up to k. Need to understand its purpose and why we have it. Negative laws; tell us what not to do (i. e. must not go at a red light) Positive laws; tell us what to do (i. e. stop at a red light) Rules are used to regulate conduct which are enforced by courts, not police. Police e(cid:374)fo(cid:396)(cid:272)es the ulti(cid:373)ate la(cid:449); if (cid:455)ou do(cid:374)"t follow rules by courts, they get involved. Rules passed by federal and provincial government: previous court decisions. Rules accumulate (more laws today than yesterday because cases were resolved today) Both of these are sensitive to change in society, change as values change (ex. If you wanted divorce, you would previously sue the other person for adultery or whatever. Today, you can get divorce without walking into courtroom. Basic presumption in law today: everybody is assumed to know every law!
