Comm 304 business Law Lecture 10.docx

Comm 304 business Law Lecture 10.docx - Comm 304 Business...

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Comm 304: Business Law Other Statutes – Federal Statutes Food and Drug Act deals with the control of harmful products that could cause injury or illness if improperly used or ingested. Deals with control of drugs, with purity and context, packaging and advertising. Hazardous Product Act concerned with hazardous products regulates manufacturing and sale of product of extreme nature and packaging Motor Vehicle Safety Act safety standards for autos Aircraft Safety Act set safety standards for aircrafts Competition Act statute that deals with conspiracy – prohibits conspiracies and combinations that lessen competition – criminal offence. Ex price fixing Provincial Statutes Direct Sellers Act door to door sellers - consumer is provided with 10 day cooling off period (10 days to cancel the sale). Law recognizes that these door to door sellers exhibit a lot of pressure on buyer. * The Consumer Protection Act a consumer is an individual that may participate in a transaction that involves goods or services (from a manufacturer or someone in the retail business) o Unfair practices – 2 pages defining this Any deceit (dishonesty) Any representation of the goods one of a particular quality Telling you services that come with the good that really don’t Using exaggeration/ambiguity/misleading/deceptive (failing to disclose material) Undue influence/pressure Penalty first offence – if individual retailer or manufacturer fine of not more that $5000 to imprisonment or not more than 1 year or both. second offence – fine of up to $10,000 and/or imprisonment for one year Penalty if corporation first offence – fine of not more than $100,000 second offence – fine of not more than $500,000 Acceptable Quality – characteristics and qualities of consumer products: 1) description of the product, 2) purchase price, and 3) express warranties of the retail seller or manufacturer of the product. (the more you pay the more you expect from the product, better quality) If buy second hand and told may not be protected by the act but if not told may be protected. Law of Tort tortus Can be a civil wrong and criminal Modern Day Rule Can be either intentional or unintentional TORT a civil wrong compensated by money damages Money compensation for injury Wants to be compensated financially A civil wrong can likewise be a criminal wrong If it is both we refer to it as a dual offense (can commit a criminal wrong and likewise we sued civily) Standard of proof between the two vary: 1
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Comm 304: Business Law Civil proof is based on a balance of probabilities 2 types: Intentional (advertent) and unintentional (inadvertent) people in business are more concerned with unintential tort because it involves negligence How does law decide if someone’s actions are negligent?
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  • Fall '12
  • SamuelGoldstein
  • Business Law, person, Comm 304

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