Business Law Notes - DPHU

2y ago
1.22 MB
170 Pages
Last View : 4d ago
Last Download : 1y ago
Upload by : Allyson Cromer

Business Law Notes 2012 Certified Management Accountants of Ontario. All rights reserved.

Business Law NotesPage iPART 1: LEGAL FUNDAMENTALS .1SECTION 1-1: INTRODUCTION TO LAW . 1Definition and Purpose of Law. 1Business Law versus Business Ethics . 2SECTION 1-2: SOURCES OF CANADIAN LAW AND THE LEGAL SYSTEM . 2Categories of Law. 2Systems of Law: Civil Law and Common Law . 3Sources of Law: The Constitution, Legislation, and the Courts . 4SECTION 1-3: USING THE COURTS - AN OVERVIEW OF CIVIL PROCEDURE . 9The Court System. 9The Litigation Process . 11Alternative Dispute Resolution . 15Administrative Tribunals . 16STUDY QUESTIONS FOR PART 1: LEGAL FUNDAMENTALS . 17ANSWERS TO STUDY QUESTIONS FOR PART 1: LEGAL FUNDAMENTALS . 19PART 2: THE LAW OF TORTS .20SECTION 2-1: INTRODUCTION TO TORT LAW . 20What is a Tort? . 20Development of Tort Law . 22Main Types of Torts. 23SECTION 2-2: GENERAL PRINCIPLES OF TORT LAW . 23Burden of Proof . 24Liability . 24Defences . 26Limits to Damages in Torts . 26Remedies under Tort Law . 26SECTION 2-3: INTENTIONAL TORTS . 28SECTION 2-4: TORTS FROM BUSINESS OPERATIONS . 30SECTION 2-5: NEGLIGENCE. 32Burden of Proof . 32Defences . 36Product Liability. 37Professional Liability . 38STUDY QUESTIONS FOR PART 2: THE LAW OF TORTS . 40ANSWERS FOR PART 2: THE LAW OF TORTS. 43PART 3: CONTRACT LAW .45SECTION 3-1: ENTERING INTO A CONTRACT—ELEMENTS OF A VALID CONTRACT . 45An Intention to Create Legal Relations . 46Offer . 46Acceptance of an Offer . 49Consideration . 50Certainty of Terms . 52Capacity to Contract. 53Legality of Object . 56 2012 Certified Management Accountants of Ontario. All rights reserved.

Business Law NotesP a g e iiSECTION 3-2: PRIVITY OF CONTRACT AND ASSIGNMENT OF CONTRACTUAL RIGHTS57Privity of Contract . 58Assignment of Rights . 60SECTION 3-3: THE REQUIREMENT OF WRITING . 61The Statute of Frauds . 62Consumer Protection Act . 63Sale of Goods Act. 64SECTION 3-4: INTERPRETING CONTRACTS . 65Interpretation of Express Terms . 65The Parol Evidence Rule. 65Implied Terms . 66SECTION 3-5: CONTRACTUAL DEFECTS . 66Mistake . 67Misrepresentation . 70Unfairness During Bargaining . 72SECTION 3-6: THE DISCHARGE OF CONTRACTS . 73Discharge by Performance. 73Discharge by Agreement . 75Discharge by Frustration . 76Discharge by Operation of Law . 77Breach of Contract. 77SECTION 3-7: BREACH OF CONTRACT. 78Essential and Non-Essential Terms. 78Ways to Breach a Contract . 78Effects of a Breach . 80Exemption Clauses . 81Remedies for Breach of Contract . 82STUDY QUESTIONS FOR PART 3: CONTRACT LAW . 85ANSWERS FOR PART 3: CONTRACT LAW . 89PART 4: BUSINESS ENTITY LAW .91SECTION 4-1: AGENCY RELATIONSHIPS . 91What is Agency? . 91Creation of an Agency Relationship . 91The Scope of an Agent’s Authority . 92When is the Agent Liable? . 93Responsibilities of Agent to Principal . 93Responsibilities of Principal to Agent . 94Termination of Agency Relationship . 94SECTION 4-2: LEGAL FORMS OF BUSINESS . 94Sole Proprietorships . 94General Partnerships . 95Limited Partnerships . 99Limited Liability Partnerships . 99Corporation . 100SECTION 4-3: CORPORATE LAW . 100Nature of a Corporation . 100Methods of Incorporation. 101 2012 Certified Management Accountants of Ontario. All rights reserved.

Business Law NotesP a g e iiiTypes of Corporations. 102Corporate Financing. 103Share Capital. 103Corporate Governance . 104The “Business”: External Relations . 107STUDY QUESTIONS FOR PART 4: BUSINESS ENTITY LAW . 111ANSWERS FOR PART 4: BUSINESS ENTITY LAW . 114PART 5: BUSINESS RELATIONSHIPS . 115SECTION 5-1: SALE OF GOODS . 115Application of the Sale of Goods Act . 115Passing of Property . 116Implied Contractual Obligations of the Seller . 117SECTION 5-2: CONSUMER PROTECTION . 119Principal Areas of Consumer Protection Legislation . 119Regulation of Business Conduct Towards Consumers . 121SECTION 5-3: BANKING . 122Banking Agreement . 122Negotiable Instruments . 123Electronic Banking . 125SECTION 5-4: SECURED TRANSACTIONS AND CREDITORS’ RIGHTS. 125Secured Transactions . 125Creditors' Rights . 127Other Statutory Protection for Creditors. 130SECTION 5-5: EMPLOYMENT LAW . 131Pre-employment . 131During Employment . 132Termination and Post-Employment . 134SECTION 5-6: COMPETITION . 135Conspiracies . 135Monopolizing . 135Mergers . 136SECTION 5-7: ENVIRONMENTAL PROTECTION . 136Federal Legislation . 137Provincial Legislation . 138Corporate Liability. 138SECTION 5-8: INTERNATIONAL BUSINESS LAW . 139Laws to Control or Facilitate Trade . 139International Contracts of Sale . 140STUDY QUESTIONS FOR PART 5: BUSINESS RELATIONSHIPS . 141ANSWERS FOR PART 5: BUSINESS RELATIONSHIPS . 144PART 6: PROPERTY RIGHTS . 146SECTION 6-1: REAL PROPERTY . 146Estates in Land . 146Interests Less than Estates . 148Leases . 149Termination of a Lease . 150Transfer of Interests in Land . 151 2012 Certified Management Accountants of Ontario. All rights reserved.

Business Law NotesP a g e ivMortgages . 151Recording of Interests in Land. 152SECTION 6-2: PERSONAL PROPERTY . 153Acquiring Personal Property Rights . 153Bailment . 153Insurance . 156SECTION 6-3: INTELLECTUAL PROPERTY. 157The Nature of Intellectual Property . 157Copyrights . 158Trademarks . 159Patents .

business entities, business relationships, and property rights—forms the substance of business law and is the main focus of this document. While the predominant concern in a business law course is substantive law, we will first consider the basics of procedural law, the form or organization of the legal system and its methods of conducting .

Related Documents:

ABE Diploma in Business Administration Study Manual PRINCIPLES OF BUSINESS LAW Contents Study Unit Title Page Syllabus i 1 Nature and Sources of Law 1 Nature of Law 3 Historical Origins 6 Sources of Law 9 The European Community and UK Law: An Overview 13 2 Common Law, Equity and Statute Law 23 Custom 25 Case Law 26 Nature of Equity 32

INTRODUCTION TO LAW MODULE - 3 Public Law and Private Law Classification of Law 164 Notes z define Criminal Law; z list the differences between Public and Private Law; and z discuss the role of Judges in shaping Law 12.1 MEANING AND NATURE OF PUBLIC LAW Public Law is that part of law, which governs relationship between the State

2. Health and Medicine Law 3. Int. Commercial Arbitration 4. Law and Agriculture IXth SEMESTER 1. Consumer Protection Law 2. Law, Science and Technology 3. Women and Law 4. Land Law (UP) Xth SEMESTER 1. Real Estate Law 2. Law and Economics 3. Sports Law 4. Law and Education **Seminar Courses Xth SEMESTER (i) Law and Morality (ii) Legislative .

Law 1 of 1971-15th December, 1970 Law 7 of 2000- 20th July, 2000 Law 7 of 1973-28th June, 1973 Law 5 of 2001-20th April, 2001 Law 24 of 1974-22nd November, 1974 Law 10 of 2001-25th May, 2001 Law 25 of 1975-9th December, 1975 Law 29 of 2001-26th September, 2001 Law 19 of 1977-10th November, 1977 Law 46 of 2001-14th January, 2002

ciples stated in Boyle’s Law, Charles’ Law, Gay-Lussac’s Law, Henry’s Law, and Dalton’s Law. Students will be able to explain the application of Boyle’s Law, Charles’ Law, Gay-Lussac’s Law, Henry’s Law, and Dalton’s Law to observations or events related to SCUBA diving. MateriaLs None audio/visuaL MateriaLs None teachinG tiMe

common law system civil law system!! sources of law in civil law !! a1. primary: statutes (written law) enacted by legislative power are the principal source of law. ! a2. two subsidiary sources of law: ! a2.1 administrative regulations a.2.2 customs!! ! sources of law in common law !!! b1. two primary sources of

Law L Law IV 8 Drept procesual civil II / Civil Procedure Law II 5 Law L Law IV 8 Dreptul comerțului internațional / International ommercial Law 4 Law L Law IV 8 riminalistică / Forensics 4 Law L Law IV 8 Practică de cercetare pentru elaborarea lucrării de lincență(3 săptămân

AngularJS Tutorial (SQLite) In this tutorial we turn to look at server-based web applications where the client-side code is AngularJS. Although a lot can be done with entirely browser-based (single-page) web applications, it is better to develop a server-based web application if any of the following are true: In-company (intranet) client machines may have restricted access to the Internet .