La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed Course Outline Department: School of Management Course Number: BUSM 1285 Course Title: Business Law Semester Year: 201030 Sections: 1, 2, 3, & 4 Classroom: B254 Instructor Contact Name: Oren Breitman LLB. Office (Room No.): B253h Phone: Langara: 604.323.5852 cel: 604.218.9480 Office Hours: MW 11:30-12:25; TR 9:30-10:25 E-mail: obreitman@langara.bc.ca or orenb@shaw.ca E-mails will be answered within 24 hours during weekdays Course Description Every aspect of carrying on business in Canada has been somehow considered, governed and dealt with pursuant to common law principles and precedents as well as statute law. This course is designed as an overview of the subject of Business or Commercial Law. The emphasis of Business Law 1285 is placed on the sources of law; principles of tort law; contract law including discussion on sale of goods; mortgage law; debtor and creditor relations; law as related to various forms of business organizations (sole proprietorship/partnerships/corporations); and real estate law. Learning Outcomes Learning Outcome Measurement Acquire a general understanding of Canadian law as it applies to business in Canada. 2 Mid-term exams Final exam Written assignment 2 Mid-term exams, Final exam Case studies General class discussions of business problems and case studies 2 Mid-terms exams, Final exam Case study presentations, written assignment La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed Recognize legal issues as they arise in business situations. Create and carry out business practices to prevent legal problems. Communicate effectively with others in business about legal issues. Prerequisite(s) none University Transferability Refer to www.bccat.bc.ca for transferability and whether credits are assigned or unassigned. Required Textbooks Contemporary Canadian Business Law, Principles and Cases, by J.A Willes and J.H. Willes, 9th Edition, McGraw Hill, 2009. Supplemental Readings Case reports and documents handed out in class. Grade Allocation Mid term exam 1 Mid term exam 2 Final exam Assignments TOTAL A+ A A- 95 – 100% 90 – 94% 85 – 89% 30 % 30 % 30 % 10% 100 % B+ B B- 80 – 84% 75 – 79% 70 – 74% C+ C C- 65 – 69% 60 – 64% 55 – 59% D F 50 – 54% < 50% NOTE: Students must receive a cumulative weighted average grade of at least 50% on the individual grade components i.e. quizzes, midterms, and final exam in order to pass the course. ASSIGNMENTS: La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed During the term, each student will be assigned 1 case study from the text to be presented in class and 1 short written assignment. The purpose of the assignments is to concentrate on particular subject areas dealt with in the lectures. These assignments will be discussed in class time subsequent to their completion by the students. Students will have time to prepare an answer prior to the discussion with respect to the short presentation. Each assignment will constitute 5% of the final grade. The case study will be evaluated on the basis of the following criteria: Evaluation of facts, and effective situation analysis. Adequacy of the definition of the case issues and problems. Providing answers to the question at the end of the case. Soundness and thoroughness of the answers or solutions proposed. Relevant legal concepts and terminology used. Clarity of thought and quality of insights offered. Expectations You are responsible for all course content and are therefore responsible for knowing what has been covered and said in all classes. Your instructor will not provide answers to e-mails requesting a restatement of what has been said in a previous class. Furthermore, you are expected to read and be prepared to discuss material assigned prior to the class. Langara College welcomes all students into an environment that creates a sense of community of pride and respect; we are all here to work cooperatively and to learn together. You are encouraged to participate actively in class and contribute to the creation of a positive learning environment. Expectations (cont’d) The assignment and case study must be submitted on the due date and time specified. If you do not submit on time, without prior notification to your instructor and with his approval to submit at a later date, this will result in you receiving an “F” (0%). Also, you are expected not to make any travel plans on exam dates. There will not be any alternative date and time switching for either the midterms or the final exam without your instructor’s permission. Therefore, if you miss an exam, assignment or deadline, you are required to contact your instructor in advance and provide a Doctor’s note for verification or you will receive 0%. There will be no exceptions to this standard, other than under exceptional documented circumstances or for medical reasons. La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed Any class work, which is not completed because you were late for, or missed, a class, will receive 0%. Remember that it is your responsibility to attend class, keep up with the course, know what has been covered etc. If you miss a class, information will not be repeated for your sole benefit. Additionally, all electronic communication and music devices (e.g. cell phones, pagers, CD-players, mp3-players, etc.) must be turned off or muted while in class. Cellular phones, pagers, electronic translators and programmable calculators are not allowed during the examinations. Overall, you are expected to follow the ordinary rules of courtesy during class sessions. Students whose behaviour is unacceptable will be asked to leave the class. For more details, please refer to Langara's Code of Conduct in the course calendar or Student Policies and Procedures on Langara's website at www.langara.bc.ca. My role as your instructor is there to help you and to provide any additional coaching or tutoring that you may need. Please use me as a resource. Plagiarism and Cheating Policy Plagiarism and cheating are serious educational offences, which may result in failure of an assignment, failure of a course, and possible suspension from Langara. For more details, please refer to Langara's Code of Conduct in the course calendar or Student Policies and Procedures on Langara's website at www.langara.bc.ca. School of Management It is the aim of the School Management at Langara College to promote the mastery of core skills such as reading, reading comprehension, writing fluency, verbal articulation, and analytical development. These core skills will be practised by means of presentations and class participation, and will be evaluated on submitted work. Critical thinking and problem solving exercises are encouraged at every opportunity. As stated in the College Calendar and according to College policy, students are expected to attend all classes, lectures, laboratories, workshops, seminars, and practicum commitments, and be available to write final examinations where and when scheduled during the examination period. Students are also reminded to refer to policies and procedures related to: Code of Academic Conduct, Improper/ Disruptive Behaviour, Appeal of Final Grades, Concerns Related to Instruction, Attendance, etc. found in the College Calendar and in the current Student Handbook La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed For more information about the School of Management programs, please contact the School’s advisors in the office corridor, B253, or e-mail business@langara.bc.ca COURSE OUTLINE: Introduction to Law 1 2 3 4 Sources & Classification of Law Constitution of Canada Judicial System Administrative Law chap. one chap. one chap. two chap. three The law of Torts 1. 2. 3. 4. 5. 6. 7. 8. 9. General Concepts Intentional Torts Negligence (Unintentional Torts) Defences Remedies Trespass/Nuisance Professional Negligence Occupier’s Liability Strict Liability chap. four chap. four chap. five chap six chap five chap five FIRST MID-TERM (30%) The Law of Contracts 1. Introduction to the Legal Relationship − offer and acceptance - chap. seven 2. Requirement of Consideration Legal Capacity to Contract Requirement of Legality Requirement of Form and Writing chap. eight chap. nine chap. nine chap. ten 3. Contract Enforceability Mistake, Non Est Factum, Misrepresentation, Undue Influence, Duress chap. eleven Extent of Contractual Rights – assignment Privity of Contract chap. twelve La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed 4. 5. 6. Performance of Contractual Obligations; discharge by means other than performance chap. thirteen Breach of Contract chap. fourteen Special Contracts 1. Contracts of sale - introduction, implied conditions, title and risk, remedies 2. Contract of Employment - nature, form, duties, termination, wrongful dismissal SECOND MID TERM: 30% Mortgage Law chap. twenty-four Debtor and Creditor Relations 1. Negotiable Instruments chap. twenty-nine 2. Secured Transactions, types, PPSA chap. thirty 3. Bankruptcy and Insolvency chap. thirty-one Law of Partnership and Agency 1. 2. Sole Proprietorship General and Limited Partnerships, Limited Liability Partnerships, nature and relations between partners Agency - nature of the relationship, creation and termination, duties of principal and agent, third party rights chap. sixteen chap. fifteen Corporation Law chap. Seventeen La ng a Fa ra l C l ar 2 o ch 01 lle iv 0 - ge ed Nature of the corporation, methods of incorporation, officers and directors, public vs.private corps (Securities legislation), shareholders rights and remedies under the BC Business Corporations Act, protection for creditors Estates & Interests in Land FINAL EXAM: 30% chap. twenty-six