BISHOP’S UNIVERSITY
WILLIAMS SCHOOL OF BUSINESS
BMG - 221
BUSINESS LAW
Monday 6:30 p.m. in H-301
Prof. Carleton Monk
Office: H-204
Office Hours: Tues 17:00-18:30
Fall 2008
Tel.Off:450-242-1352
COURSE OBJECTIVE
To give students a practical exposure to the law from a business perspective. This course will
consist of a combination of lectures and class discussions. Students are expected to come to
class prepared to discuss and ask questions about the assigned readings and solve legal problems
based on readings. Assigned problems are to be handed in at the beginning of each class when
requested. A late assignment is a zero. Copying assignments is a zero on the assignment and
class participation for both students. Students will be given topics to present to the class in
groups. You must meet with me the week before your class presentation to hand in a written
outline of your presentation.
TEXT
Smyth, Soberman, Easson The Law and Business Administration in Canada, (11th edition).
GRADING SCHEME
Class presentations ....................................
Class participation .....................................
Assignments ..............................................
Mid-term exam..........................................
Final exam .................................................
15%
10%
25%
20%
30%
TOTAL ......................................... 100%
There will be no supplemental privileges with this course.
The mid-term and final examinations will be based on the assigned readings and on material
covered in class including material covered by presentations by fellow students. Some material
discussed in the lectures may not be covered in the readings. Students are responsible for this
material.
COURSE OUTLINE
Presentation
Lecture 1
-
Introduction
The Nature of Law
Ethics and the Law
Lecture 2
-
The Law of Torts
Professional Liability
Offer and Acceptance
Lecture 3
-
Consideration
Intention to Contract
Capacity to Contract
Legality of Object
(Group 1)
-
Impeachment of contract; mistake,
misrepresentations
Duress
(Group 2)
-
Requirement of Writing
Privity of Contract
Discharge of Contract
(Group 3)
Lecture 6
-
Mid-term exam
(Group 4)
Lecture 7
-
Breach of Contract and Remedies
Contract of Sale
(Group 5)
-
Remedies for Breach of Sale
Principal and Agent
(Group 6)
-
Contract of Employment
Partnerships
(Group 7)
Lecture 10
-
The Nature of Incorporation
(Group 8)
Lecture 11
9)
-
Management and Operation of a Corporation
Lecture 12
-
Intellectual Property (time permitting)
Lecture 4
Lecture 5
Lecture 8
Lecture 9
(Group
(Group 10)
PRESENTATION CHOICES
Group #1
(Lecture #3)
(a)
The Case of the Speluncean Explorers
(b)
Bill 178 and the Charter (1988) 2 SCR 712
or
Hunter vs Southam Inc (1984) 2SCR 145 (seizure & charter)
Group #2
(a)
(b)
Group #3
(Lecture #4)
Article 1053 c.c.b.c. article 1457 c.c.q. (Civil Law tort)
Alternative Dispute Resolution
(Lecture #5)
(a)
Frustration (see pg. 246) performance of contract impossible
Chandler vs. Webster (1904) 1 K.B. 493
Fibrosa vs. Lawson (1943) A.C. 32
(b)
Law and electronic commerce. (Ch. 34)
Group #4
(Lecture #6)
(a)
International transactions (see Ch. 33)
(possibly NAFTA or W.T.P.)
(b)
Recourse against manufacturer
Kravitz vs G.M. of Canada (1979) 1 SCR 790
Donoghue vs Stevenson (1932) A.C. 562 (England)
Group #5
(Lecture #7)
(a)
Quebec law on hidden defects (articles 1726-1731 QCC)
(b)
Quebec Consumer Protection Act (overview)
See Morin, Guy and Francois Toth, Consumer Protection Act and
Regulation respecting the application of the Consumer Protection
Act.
Group #6
(Lecture #8)
(a)
Competition law in Canada (pg. 699)
(b)
Family Patrimony Act (Quebec)
Group #7
(Lecture #9)
(a)
Article 124 Labour Standard Act of Quebec
(recourses of a dismissed employee)
(b)
Special Rules concerning residential leases
(articles 1892 - 2000 C.C.Q)
Group #8
(a)
(b)
Group #9
(Lecture #10)
Wrongful dismissal of senior management; (1997 Supreme Court decision)
Wallace vs United Grain Growers Ltd. SCR 1997, 313; Honda Canada
Inc. vs. Keays , SCC 39, 2008 .
Compulsory retirement: Mckinney vs University of Guelph (1990) 3 SCR 229.
(Lecture #11)
(a)
Duties of officers and directors of corporations (see Ch. 28)
North West Transportation Co. vs Beatty (1887) 12 A.C. 589 (England)
Peso Silver Mines vs Cropper (1966) R.C.S. 673
(b)
Liability of Directors of a Corporation (eg. environmental infractions), pg. 626 R
vs Placer Developments Ltd. 13 C.E.L.R. 42 (Y.T., Terr. Ct.)
R vs Bata Industries Ltd. (1992), 9 0.R. (3rd) 329.
Group #10
(Lecture 12)
(a)
Copyright, patents
(b)
Industrial Design and Trademarks
(Any special interest concerning business law could be approved in lieu of above such as
bankruptcy, employment insurance, workers compensation, Conrad Black affair, Enron, etc.
Supreme Court decision concerning Bell Canada takeover by Teacher’s Pension group, human
rights and business, corporate governance, business and ethics)