Management and Organizational Studies 2275A/B Chapter Notes - Chapter 16: Consumer Protection, Fiduciary, Canadian Business

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Philip King

Document Summary

Responsibility of corporations complicated by necessity of acting through human agents. Tuesday, november 3, 2015: difficult to prove beyond reasonable doubt that directing mind behaved in criminal manner. Legislation enumerates factors that courts must consider when setting fines: moral blameworthiness, public interest, prospects of rehabilitation. Regulatory offences: regulatory offence: offence contract to public interest, can be related to taxation, human rights, pay equity, employment standards, consumer protection, unfair/anticompetitive business practices, occupation health and safety, environmental protection, etc . 2 obligations fiduciary duty and duty of competence. The fiduciary duty: directors and officers must not allow their personal interest to conflict w/ their duty to corporation, self-dealing contract: contract in which fiduciary duty has conflict of interest, when corporate director dealing with himself the individual. Tuesday, november 3, 2015: many jurisdictions have enacted procedures through which they"re permissible, contracts are enforceable if: Person discloses contract to corporation in writing. Person doesn"t participate in any vote of directors approving contract.