NAMES AND STUDENT ID – Krishna Patel– N01582799
COURSE TITLE – Business Law
COURSE CODE – BLAW-150-0NP
INSTRUCTOR - Patricia Smyth
ASSIGNMENT NAME – Assignment 1
DATE OF SUBMISSION– 17th February, 2023
1
1.What is the doctrine of precedent and why is it important? (1 mark)
Answer:
A theory known as the doctrine of precedent, or stare decisis, says that a decision given by a
higher court is final on lower courts. This means that when a judge decides on a specific problem, the
decision establishes a legal standard that must be applied in cases linked to the one. This is
necessary because it provides constancy in judicial decision-making, gives the law clarity and
stability, and supports the preservation of the legal system's credibility and authority. Additionally, it
aids in ensuring that legal matters are resolved fairly and in keeping with accepted legal principles.
2. Explain the difference between public law and private law and provide an example of each (1
marks)
Answer:
Basically, a law can be classified as either Public Law or Private Law. It's also essential to
recognize the difference between public and private law just because it provides an understanding of
context.
a. Public Law – The word “Public” is generally addressed to expose a general view; something
that concerns the whole group of people. In our society, the public is represented by the
government. It is interconnected with folk’s engagement with the government. Public Law
regulates the relationship between individuals and the government at all levels. Public law
issues may be settled by an administrative tribunal or in court.
i. Example -. Administrative law, Constitutional Law, Tax Law and Criminal Law
are examples of Public Law.
1. Constitutional Law which is also known as Public Law involves rules,
laws and regulations connecting with issues or problems such as
Voting rights, freedom of speech and Due process. These laws aim to
protect people's rights and ensure that the government works
correctly and fairly.
b. Private Law – The word “Private” is basically concerned with an individual person, group or
class. It deals with relationships with individuals including corporations. It determines the
legal duties and rights which apply in activities among persons and between businesses.
i. Example – Contract Law, Property Law, Tort Law, Corporate Law and
Commercial Law are instances of Private Law.
1. A Contract between a landlord and a tenant for the topic of rental of
a property. Both of the party must agree to the contract's terms and
conditions. If anyone breaks the terms and conditions decided by the
landlord then the other party has the right to pursue, just like the
right to terminate the contract or to seek damages.
3.You are a legal advisor at a provincial government office in downtown Toronto, Ontario. You are in
the process of meeting with your team to determine whether the government has jurisdiction to
enact a particular law. Which statute should you refer to, and what is the relevant section (2 marks)
Answer:
a. As a Legal advisor in a provincial government office in downtown, Toronto, Ontario. If
I were to determine whether the government has jurisdiction to enact a particular
law, I would prefer to The Constitutional Act, of 1867.
b. The relevant section to determine the following issue is Section 92.
4. How can judgments be enforced? (1.5 marks)
Answer:
 Some common ways that a judgment can be enforced:1.
Judgement Debtor Examination (If a defendant is an individual, the plaintiff can ask them to
present in court or at a court reporter's offices to give answers relating to their financial condition,
especially their assets, liabilities, and ability to repay)
2. Garnishment (This includes accepting money from the defendant's pay to fulfil the judgement.)
3. Writ of Seizure and Sale (In order to liquidate the defendant's property and satisfy the
judgement, this means taking permanent ownership of it.)
5.What is solicitor-client privilege and why is it important? (2 marks)
Answer:
 The solicitor-client privilege is basically a legal concept that provides protection to
the confidentiality of discussions between a lawyer and their client. Lawyers are
strictly prohibited by their professional rules of conduct from disclosing confidential
client information to third parties.

This principle is essential because it enables clients to communicate with their
lawyers in a fully honest and open style without fearing that their personally
identifiable information will be exposed. Ultimately, it helps the lawyer to successfully
defend their client.
6. What is the privity of a contract and why is it important? (1 mark)
Answer:
a) The privacy of a contract is the principle that restricts a contract's application to the
parties to it.
b) The privity of contract principle is vital because that provides the legal system
transparency and certainty. It guarantees that merely the participants in a contract
are bound by its terms and that third parties cannot participate or put duties on a
party that were not intended by the parties in the initial position.
7. What right do the parties give up when they include an arbitration clause in their contract? (1
mark)
Answer:
a) Basically, An arbitrator is a private, third-party personality who is elected by
allowance by the parties. An arbitration clause says that parties have agreed to
submit all contract disputes to arbitration for settlement. The right to fight
agreement disputes in courts is forfeited by parties who have included an arbitration
clause in their contract.
8.Before a court will imply a term in a contract, the party who seeks to have the term included must
satisfy the court of what two things? Briefly describe two types of situations in which courts may
imply contractual terms with an example of each. (2 marks)
Answer:
 The Court will imply a term in a contract which must satisfy the court and those both things
are described below –
a) Business Effectiveness: The very first condition is that a period will be needed for
the agreement to operate economically. This indicates for the contract to be
functional and serve its original goal, the term must be required.
b) Obvious Omission: A term that is missing from the agreement that is so clear that it
should have been added is known as an "obvious omission" in contract law, and the
law will assume this condition into the contract.

The two situations in which courts may imply Contractual terms are mentioned below –
 Custom within an industry - The word "custom" in an industry relates to the
accepted customs and explanations in a specific trade or industry. This means that if
a term is generally accepted in the industry, even though it is not specifically
mentioned in the contract, it is still considered a part of the agreement.
 For Example, A court may imply a term allowing an unpaid vendor to collect
interest from a buyer who refuses to pay within this time period since it is
usual in the construction business for interest to be payable on bills that are
overdue for 30 days.

Obligations of good faith - The phrase "obligations of good faith" means the duty
of the parties towards the agreement to respect each other honestly and fairly and
avoid doing any actions that would be inconsistent with the objective of the contract
in general.
 For Example, if a Landlord has given a promise to a tenant to repair the rental
property in a timely manner. This means the landlord should not delay the
repairing of the place, as it would be considered a breach of the contract to
act honestly towards the tenant.

On the other side, the tenant has a duty of good faith to pay rent timely, to
keep the rental property neat and clean and to inform the landlord
immediately when any damages is occur to the property.
9.What is "joint and several liability" and why is it significant. (1 mark)
Answer:
1) Joint and Several liability - includes equal involvement from across all parties while
also holding each party fully responsible.
2) Joint and several liability is important because it provides creditors or injured parties
greater security by allowing them to seek damages from any single or all of the
parties involved rather than just one. Yet, because each party can be required to pay
the entire amount, it can also puts the parties who are jointly and severally liable at
great financial danger.
10. An owner and occupier of premises order significant renovations both internally and externally,
using XYZ Construction Ltd. A traveller comes uninvited onto the premises and falls over some debris
left by the construction workers at the entrance of the property when they finished their workday.
The traveller hits his head, resulting in a concussion, and also breaks his leg in three places. Who
might be liable? (2 marks)
Answer:
 XYZ Construction Ltd may be held liable for failing to take precautionary measures to
protect the safety of site visitors. This involves failing to prevent loss or remove
excess at the end of the workday, in addition to failing to provide proper warning
signs or barriers around the construction site.
11.What are the five elements of negligence (2.5 marks)
Answer:
1) Duty of Care
2) Standard of Care
3) Causation
4) Remoteness of Damages.
5) Breach
12.What is the purpose of the rules of construction in contract law? Provide two examples of such
rules. (3 marks)
Answer:

Rules of Construction – includes common law rules used in interpreting the
disputed contract.
 Apply an objective test: If the parties have used an unclear character, the
judge will apply an objective test to interpret the meaning of the term. They
might also consider the Dictionary or be guided by earlier decisions of other
courts about the similar meaning of the word. Judges act on the principle
that contracts should be strictly enforced according to the ordinary meaning
of the words chosen by the parties themselves.
 Interpret the contract against the drafter: Below this law of construction, a
judge will prefer the interpretation offered by the party who did not draft the
contract over the interpretation of the party who drafted it