BLAW 300: Business Law Business Law outlines the Canadian

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BUSINESS LAW

COURSE OUTLINE

BLAW 300: Business Law

Business Law outlines the Canadian legal system in the context of a business environment and empowers students to apply the law and make informed decisions concerning their legal affairs. Emphasis is placed on the construction of the judicial system, the resolution of disputes, tort law, contract law, business structures, and employment law. These legal principles are applied to personal and business scenarios.

Upon completion, students will be sophisticated clients with the ability to successfully manage their legal problems.

This curriculum will be supplemented by an evening speaker series that will aid students in applying concepts learned in the class to Aboriginal governance workplace scenarios.

Module 1: Managing Legal Affairs

Assess the role of the lawyer.

Identify when to hire a lawyer and when to represent yourself.

Determine the function of legal aid.

Assess how lawyers bill their clients.

Outline the procedure to follow to complain about your lawyer.

Discuss the ethics and responsibilities of lawyers and of clients.

Formulate a code of business conduct.

Module 2: The Canadian Legal System

 Determine a functional definition of “law”.

Identify the types of law that exist in Canada.

Analyze the sources of Canadian law.

Identify the three elements of Canada’s Constitution.

Compare the division of legislative powers in the Constitution.

Summarize how legislation is created in the parliamentary system.

Characterize the rights and freedoms protected by the Charter of Rights and Freedoms including s. 15 Equality Rights and s. 35 Rights of the Aboriginal People of Canada.

Analyze the relationship between the Constitution and the Indian Act.

Module 3: Alternate Dispute Resolution

Outline the court system in Canada, including specialized Aboriginal courts.

Summarize the process of civil litigation.

Identify the nature, function, and restrictions of regulatory bodies.

Analyze the power of the courts to review the decisions of regulatory bodies.

Characterize the Alternative Dispute Resolution (ADR) methods – negotiation, mediation and arbitration.

Identify the advantages and disadvantages of Alternative Dispute

Resolution (ADR).

Module 4: Tort Law

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Describe the role of tort law.

Distinguish torts from crimes and breaches of contract.

Identify remedies awarded to redress torts.

Examine vicarious liability and indicate when it may be imposed.

Identify and describe various intentional torts.

Summarize the principals of the law of negligence.

Identify the types of damages or loss that the courts have recognized and deemed compensable.

Distinguish the defenses applicable to the tort of negligence.

Analyze other torts impacting businesses.

Module 5: The Role of Insurance

Outline the nature of an insurance contract.

Summarize the four types of insurance commonly needed by businesses.

Identify when an insurable interest exists.

Evaluate the significance of insurance being a contract of utmost good faith.

Analyze the right of subrogation.

Module 6: Contract Law

Examine the various elements of contracts, including consensus, consideration, capacity, legality and intention.

Summarize the circumstances in which contracts are not enforced, including lack of capacity, lack of intention, and illegal contracts.

Identify types of mistake and their implications on contractual obligations.

Distinguish between innocent, negligent, and fraudulent misrepresentation and consider the implications on contractual obligations.

Explain the implications of duress and undue influence.

Outline the methods of termination of contractual relationship.

Detail the remedies available for breach of contract.

Module 7: Employment Law

Identify distinctions between employees, agents and independent contractors.

Examine the common law rights and obligations of employer and employee.

Compare termination with cause, termination without cause and constructive dismissal.

Assess the liability of an employer to an employee and to third parties.

Identify the legislation in Alberta which modifies the common law rights of employees.

Outline the basic concepts of unions and collective bargaining in Alberta.

Module 8: Agency Law

Analyze the agency relationship.

Distinguish between actual authority and apparent authority of agents.

Assess fiduciary duty as it relates to agency relationships.

Investigate the various forms of liability that may arise during agency.

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APPLIED MANAGEMENT CERTIFICATE PROGRAM

Summarize the mechanisms for termination of the agency relationship.

Module 9: Business Structures

Compare different types of business structures - sole proprietorships, partnerships, and corporations.

Outline the advantages and disadvantages of each form of business structure.

Summarize how a sole proprietorship and partnership are formed.

Summarize the rights and duties of partners to each other and to third parties.

Describe the characteristics of a corporation.

 Analyze the concept of “separate legal identity”.

Summarize the rights and obligations of various stakeholders in a corporation.

Determine how to terminate a corporation.

Module 10: Property Law

Compare the various estates in land.

Distinguish between real and personal property.

 Summarize finders’ rights.

Identify the rights and obligations associated with bailment.

Identify different forms of intellectual property law.

Module 11: Sale of Goods

Assess the scope of the Sale of Goods Act.

Examine the relationship between title and risk and outline the rules for determining who has title.

Examine the rights and obligations of buyers and sellers.

Identify the remedies of buyers and sellers under the Sale of Goods Act.

Summarize what consumer protection legislation is and why it exists.

Module 12: Debtor-Creditor Law

Outline the process of securing debt, using personal property, guarantees, and other

 forms of security.

Distinguish between secured and unsecured creditors.

Evaluate the process of bankruptcy and describe alternatives.

Distinguish the priorities among creditors in bankruptcy.

Summarize the bankruptcy offences.

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05-23-12

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