Faculty of Management Spring 2009 TERM PAPER MGT LAW 3010A
Submission date on or before Tuesday March31 PENALTIES APPLY FOR LATE
SUBMISSION WITHOUT GOOD REASON – 5% PER DAY LATE
PAPER COUNTS FOR 25% OF COURSE GRADE
INDIVIDUAL PAPERS SHOULD BE OF BETWEEN 1500 AND 1700 WORDS.
GROUP OF 3 STUDENTS PAPERS SHOULD BE OF 2500 TO 2700 WORDS
IF CLASS NUMBERS REQUIRE A GROUP OF 2 PERSONS, WORD LENGTH
SHOULD BE BETWEEN 2000 AND 2200 WORDS. Please refer to
template for term papers on the class website.
WRITE AN ESSAY ON ONE OF THE FOLLOWING TOPICS
1. Referring to any or all of the Canadian Charter of
Rights and Freedoms, case law, or legislation, examine
critically the contributions made by the positivist,
natural law, radical (Marxist and anarchist) and American
Realist perspectives to the understanding of any aspect(s)
of Canadian law.
2. Discuss critically the law of professional negligence in
Canada. Consider special factors that distinguish the law
of negligence for professionals from that which applies to
non-professionals in Canada. Consider too the legal rules
and case law regarding the legal duty of professionals who
provide expert advice and opinion. Consider remedies to the
plaintiff that may be available if the defendant has
provided negligently professional services or advice.
3. Discuss the relationship between the doctrines of
promissory (equitable) estoppel and “consideration”, and
their relevance to the law of contracts. Is there a case
for getting rid of “consideration” in the law of contracts?
4. Discuss critically “misrepresentation” as it affects the
law of contracts in Canada. Consider the different remedies
available to plaintiffs for different types of
misrepresentation.
5. Referring to case law, discuss the purpose and effect of
exemption clauses in the law of contracts. Consider the
argument that some or all exemption clauses are unfair and
should not be recognized by the courts in Canada.
6. Examine critically the impact of the Canadian Charter of
Rights and Freedoms (Charter)on provincial or federal
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legislation in Canada. Consider also the argument that the
Charter usurps unreasonably the power of elected members of
legislatures or Parliament in Canada.
7. Discuss the “rule of law” in Canada and the role of
judicial review of government and other bodies exercising
powers delegated by legislation in Canada. Distinguish
between the role of the court as a body that hears appeals
against decisions of administrative tribunals and its rule
as a body that judicially reviews decisions of
administrative tribunals. Refer to case examples.
8. Discuss critically the law of employment dismissal in
Canada. Consider, particularly, the influence of human
rights statutes on the law, and differences between
individual employment law and collective bargaining with
respect to dismissal.
9. Smith spends the evening drinking with friends at
Gloria’s Tavern. All are under -age drinkers but, as usual
at Gloria’s, they were not asked to produce proof of age.
An hour before closing time, one of Smith’s companions,
Michelle, gets into a quarrel with three rough, intoxicated
individuals. Intervening as a peacemaker, Smith is drawn
into the quarrel and is informed by the three ruffians that
he will “get his” when they leave the premises.
Hearing these threats, two of the bouncers eject the three
ruffians, Smith and Michelle, in spite of the protest of
the latter two that they are afraid for their safety. Such
fear is well-founded as one of the ruffians assaults
Michelle with a steel comb, with the bouncers looking on
from the tavern doorway.
Michelle is blinded in one eye. Smith is too intoxicated to
realize what is happening and is remonstrating with the
bouncers to retrieve his $900 cashmere coat, which he had
checked at the coat check upon his arrival at Gloria’s. One
of the bouncers retrieves the coat and throws it towards
Smith at the edge of the sidewalk. Smith fails to catch the
coat and it lands on the roadway. A passing car promptly
shreds the coat and the driver stops to see what is
happening.
Failing to see Michelle, who was the group’s designated
driver, Smith sets off to drive home. Intoxicated, he
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drives into a ravine. The car rolls over and Smith’s
injuries render him a quadriplegic. He was not wearing a
seat belt.
Lying in traction, Smith has time to remember the sign
above the coat check counter “NOT RESPONSIBLE FOR LOSS OF
OR DAMAGE TO CHECKED ITEMS NO MATTER HOW CAUSED.” Having
recently enrolled in a management law course at the
University of Lethbridge, Smith wonders whether that sign
will affect the success of his planned lawsuit against
Gloria’s for the destruction of his coat. Smith wonders too
whether Michelle will win her forthcoming lawsuit against
Gloria’s in respect of her serious personal injuries at the
hands of the ruffians. He wonders too about the chances of
success in his lawsuit against Gloria’s for compensation
for his injuries from the car accident.
Examining relevant statutes, case law and legal principles,
advise Smith and Michelle on their chances of success. Note
there is no attempt to recover damages from the ruffians.
Papers must be submitted by Tuesday March 31 2009.
PENALTIES APPLY FOR LATE SUBMISSION WITHOUT
GOOD CAUSE (5% per day). REFER TO TEMPLATE ON
CLASS WEBSITE FOR INFORMATION ON STRUCTURE
AND FORMAT.
PAPERS ARE GRADED ON YOUR DEMONSTRATED
UNDERSTANDING OF RELEVANT ISSUES, CASES,
LAWS, AND LEGAL ARGUMENT. AS LANGUAGE IS
VITAL TO LAW YOU WILL BE GRADED ON THE
QUALITY OF GRAMMAR AND SYNTAX AS WELL AS THE
QUALITY OF YOUR RESEARCH AND ARGUMENT.
YOU MUST ACCURATELY CITE ALL SOURCES,
WHETHER LEGAL DECISIONS, ARTICLES, BOOKS,
WEBSITES ETC.
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