What happens to contracts that dont meet the requirements?
If they are invalid then that is a punishment for the people who enter into
contracts with the corporation. The corporation could do it on purpose.
What is the effect upon an innocent third par
THE CHARTER OF RIGHTS
Contained in the constitution of 1982 is part of the constitution and therefore entrenched
(section 52 is the empowering part).
The charter is part of the supreme law and if it doesnt measure up then it is of n
THE LAW OF TORTS
Liability: a legal right enforceable by and against legal persons by way of court process where
court can apply a remedy. With liability there needs to be a remedy to be a liability.
In its simplest form, a tort is an act or omission of c
Means it must be the operative cause (close in time with no intervening acts), nothing to
do with motive.
Various Proscribed Harms:
Assault (putting someone in apprehension of a touching),
FIVE BASIS OF LIABILITY (SOME OF WHICH RELATE PURELY TO THE STATUTES
THAT CREATE THE GOVERNING ORGANIZATION) (19;00)
1. Criminal liability can be held criminally for ones acts ex. Theft. The courts would
deal with the member and then separately the delega
Tort Feasor: the one who perpetrates the tort.
usually follow the criminal court because they tort prosecutor will allow the criminal
prosecutor find all the evidence and do most of the work in setting up and then the torts
will take it from there.
Additional evidence, which is in conjunction with the sharing of profits, includes:
The contribution of capital - property or money
An active role in the business
The existence of the ongoing business as opposed to an isolated
1. Common law implied laws - courts over time have completed or created implied terms,
for example, wrongful dismissal cases: every employee is entitled to reasonable notice.
2. Statutorily implied terms in respect to the partnership act.
Once registered a partner in LLP is not liable for:
Obligations/liabilities of partnership
That arise from negligence, wrongful act or omission, malpractice, or misconduct
(mali fides bad faith) of another partner or an employ