Business Law ultimate notes - 1 Business Law LEGAL MYTHS(1...

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Business Law LEGAL MYTHS: (1) Warranty: Enter into an agreement with the seller/ buyer (protects seller) Carry out limited terms. Binding. No warranty- Sale of Goods Act (Can. & US)- depends on amount paid on goods. Condition & guarantee Entitled to recession of contract (2) Cheques: 3 Parties: Me- maker/ drawer & you- payee & bank: payor/ drawee Certified cheques: - No guarantee of payment b/c maker can make a ‘stop’ payment. - Put into a suspense account. - Must be issued. - Who certified the cheque? = Maker (me)- not guaranteed b/c of the stop payment. = Payee (you)- Guaranteed (3) Telephone Call: Personal right to legal counsel. Law: Rules and Regulations (ok definition) Person-made (emphasis) “ law is nothing more than a tremendous maze of person made rules and regulations” 2 Sources of Law: (1) Contemporary/ Statute -Act, legislation, code, enactment (all mean same thing). (city - Bylaws) - Minute compared to Common Law - Only 7200+ pages (only skeleton of the law) (2) Common Law - Judge-made law, case, precedent. Stare Decisis – meaning previous court decisions ***WILL BE ON EXAM*** -common law very vast (based on previous court decisions) “Ignorance of the law is no excuse” Grounds for Divorce in Canada o Marriage breakdown = when a husband and wife who have been separated for at least 1 year o Physical or Mental Abuse Jurisprudence -Our system of laws, made up of both statute and common law. -Collaboration of the law Statute = skeleton of the law Parliament gives us only the “skeleton of the law”, allowing the courts to interpret it- sets precedents Crime isn t committed without intention of the person to commit it. Mens Rea = mental intention -Each individual is presumed to know/ understand both common & statute law. 1
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-When law is not found in either common/ statute law, then there is no law applying to that matter. At this time a new law can be made. By virtue of Canadian Charter of Rights allowed to a phone call if in jail. Courts of Canada: Ottawa -Supreme court of Canada -Federal court -Tax appeal court (SK) Judicial Tribunals of Judicial Hierarchy (All together) CANADA SASKATCHEWAN Supreme Court of Canada Court of Appeal Federal Court Queen’s Bench Tax Court of Canada Provincial Court Justice of Peace Court of Appeal Civil Jury Queen s Bench Family Law Division Criminal Provincial Court Justice of the Peace ***Higher up the court the greater the jurisdiction*** Administrative Tribunal : quasi-judicial (between administrative and judicial; Grey Area ) o Every profession is run by an administrative Tribunal (a body created by a specific statute to carry out the objectives of that statute) *Examples of Administrative Tribunals -Highway Traffic Board points recorded in Regina (speeding – drinking and driving, overweight trucks) -Labour Relations Board unfair labour practice, labour management relations -Liquor + Gaming Commission restaurants serving alcohol, gaming -School Boards +High School Boards -U of S Board of Governors sets policies for the universities
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