Lecture Two - LAW 525 Law of the Marketplace Class Two...

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Unformatted text preview: LAW 525 Law of the Marketplace Class Two Tuesday, September 9, 2008 Dr. Kernaghan Webb School of Business Management Faculty of Business Ryerson University Last week Classroom Rules of Engagement Course Outline Potential Strategy for Succeeding in Law 525 Key concepts: pre-, actual-, post- transaction phase of business-consumer market relationship, market failure, monopoly, externalities, information failures, government intervention, legislation and regulation, risk management This week constitutional law How is constitutional law relevant to the business-consumer market relationship? Constitution Act, 1867 and Canadian Charter of Rights and Freedoms aspects Discussion of court decisions: Videoflicks, Hy and Zels, Imperial Tobacco, Labatts Lite, General Motors, Cosmans Furniture, Canadian Western Bank, Irwin Toy What is constitutional law? Similarities and differences from other types of law How constitutional law is developed How constitutional law can be amended To whom does constitutional law apply What is the relation between constitutional laws and other types of law Constitutional law in unitary vs. federal states types of constitutional law Key issues in constitutional law What happens when a government passes laws that exceed its authority to address a particular business activity? What happens when there are conflicts and overlaps between federal and provincial laws addressing particular business activities What is the constitutional status of federal, provincial and municipal business laws and activities? How does the constitution address business activities that were never contemplated in 1867? What remedies are available when a violation of the constitution occurs? Federal-provincial division of powers (1) Federal powers: Constitution Act, 1867 , section 91: Peace, Order, and Good Government Clause S. 91(2) Trade and Commerce S. 15 23 Market Framework Laws: banks, weights and measures, bills or exchange, interest, legal tender, bankruptcy, patents, copyrights S. 27 Criminal Law Federal-provincial division of powers (2) Provincial powers: Constitution Act, 1867 , section 92: 92 (9): shop licences 92 (10): local works or undertakings 92 (11): incorporation of provincial companies 92 (13): property and civil rights 92 (14): administration of justice 92 (15): punishment for enforcement of law How is the constitutional division of powers relevant to business? If a new law is needed, businesses need to know which level of government has authority to address the problem If a government stipulates that a business is obliged to do something, and the business for some reason disagrees with this stipulation, they may be able to successfully challenge the law as not properly within the authority of that level of government Charter of Rights and Freedoms Who does the Charter...
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This note was uploaded on 03/15/2010 for the course BUSINESS MGT200 taught by Professor Manjuris during the Spring '08 term at Ryerson.

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Lecture Two - LAW 525 Law of the Marketplace Class Two...

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