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MGMT 228 - Business Law: Principles and Applications

This course provides an overview of the Canadian legal system, torts, contracts, property, negotiable instruments, agency, partnerships, and corporations.

 

Credits: 3

 

Hours: 45 (Lecture Hours: 3)

 

Total Weeks: 15

 

Prerequisites:
English 12

OR consent of the Instructor.

 

Non-Course Prerequisites:

None

 

Co-Requisites:

None

 

Course Content:
CHAPTERS ONE AND TWO
- Establish a definition of Law, categories of Law, origins and sources of Law
- Outline the Canadian Constitution, Constitution Act (1982) and the process of legislative powers
- Examine the Charter of Rights and Freedoms and the development of Human Rights
- Describe Canadian court system
- Explain the process of civil litigation, including advantages and disadvantages
- Describe three alternate dispute resolutions and list advantages/disadvantages
CHAPTER THREE AND FOUR
- Define the Source and Nature of Government Power
- Outline the Function and Duties of Administrative Tribunals
- Discuss the Courts Role in Reviewing Administrative Decisions, Remedies for abuse of power, restrictions on judicial reviews
- Review legal issues concerning protection of environment, environmental power, effectiveness of environmental legislation and effects of de-regulation
- Define and describe torts, requirements for a tort action, remedies for tort action
CHAPTER FIVE
- Describe a contract and how breaches differ from crime or tort, elements required to form a contract
- Describe characteristics of an offer, acceptance of an offer, examples of valid consideration
CHAPTER SIX
- Explain the requirement of capacity, the intention to enter into a contract
- List illegal contracts and which contracts are affected by the Statute of Fraud
CHAPTER SEVEN
- Explain the factors affecting the contractual relationship: interpretation, mistake, misrepresentation, non est factum, undue influence, duress, privity
CHAPTER EIGHT
- Discuss performance of a contract, requirements for discharge or modification of contract
- Define frustration of a contract
- Discuss breach of contract and remedies
CHAPTERS NINE AND TEN
- Describe the Sale of Goods Act impact on contractual relations, conditions it sets regarding goods sold
- Discuss Consumer Protection legislation,
- List some examples of unacceptable business practices, federal statutes regarding consumer transactions
CHAPTER TEN
- Explain personal property/debt connection, conditional sales agreement
- Discuss Personal Property Security Act and guarantees are used to repay debts
- Describe liens, characteristics of negotiable instruments, process of negotiation
- Identify uses of a letter of credit
- Explain bankruptcy, how rank creditors for receipt of proceeds in bankruptcy
CHAPTERS ELEVEN AND TWELVE
- Distinguish between employees, private contractors and agency
- Identify rights of employee upon termination, legislation protecting employees
- Describe collective bargaining, liability of employers regarding employees
- Explain legislation on strikes and lockouts
- Describe agency relationships, principals and agents, principals and third parties, and agents and third parties
- Describe estoppel and promissory estoppel and apparent authority, responsibilities and rights of specialized agents
CHAPTERS THIRTEEN AND FOURTEEN
- Explain the methods of conducting business advantages/disadvantages, sole proprietorship
- Explain differences between intentional and inadvertent partnerships, rights of partners to each other and third parties
- Explain limited partnerships
- Describe incorporation in 3 jurisdictions, myth of separate legal entity, ways corporations obtain funding
Summarize right and obligations of shareholders, directors, other officers and outsiders, advantages/disadvantages of incorporating
CHAPTER FIFTEEN
- Describe real and various forms of personal property
- Identify various types of interests people may have in land
- Explain bailment, rights and duties of landlords and tenants, process of mortgages
CHAPTER SIXTEEN
- Identify difference between personal, intellectual and real property
- Discuss legislation protecting intellectual property, types of intellectual property and statutes regulating them

- Discuss purpose and kinds of insurance pertaining to business

 

Learning Outcomes:
Upon successful completion of this course, the student should be able to:
- Develop a workable definition for the term law
- Outline Canadian constitutional law and the parliamentary system
- Explain the litigation process
- Define torts and describe various types
- List and describe the requirements of a valid contract
- Consider the implications of duress, undue influence and mistake
- State and explain the ways a contract can terminate
- Specify the main features of the Sale of Goods Act
- Distinguish between employees and contractors
- Identify the agency relationship
- Compare and contrast forms of business organization
- Discuss the main forms of negotiable instruments
- Differentiate between personal and real property
- Explain the nature of real property
- Recognize and analyze legal problems through case analysis
- Analyze a given set of facts
- Determine the relevance of facts to legal problems covered in the course
- Clarify the rights and obligations of parties
- Determine possible courses of action
- Ascertain valid defences available to parties
- Explain remedies open to injured parties
- Indicate how a court would likely deal with the issues and the probable outcomes of legal actions

- Explain terms such as: caveat emptor, profit a prendre, non es factum, ultra vires, quantum meruit, stare decisis, res ipsa loquitur, volenti non fit injuria, etc.

Knowledge:
Complete understanding of Business Law concepts, and areas of application within Canada

Skills:
Literacy skills (writing, comprehension, referencing, formatting)

Attitudes:
Consideration, conscientiousness

Technologies:
D2L Online portal

 

Grading System: Letters

 

Passing Grade: D (50%)

 

Percentage of Individual Work: 100

 

Additional Course Comments:
- Assignments are mandatory and must be handed in on the specified due date. Work handed in late may lose marks for each day delayed. Exceptions may be made for documented medical reasons or extenuating circumstances.
- Cheating and plagiarism policy as outlined in the current College Calendar will be enforced
As per the Northern Lights College Calendar, Plagiarism is intellectual theft and occurs when a writer uses someone else’s words/work/ideas/intellectual property, without properly giving them credit.
   Using words and/or ideas from a book, journal article, web site, or other source without giving the original author credit
   Handing in a paper written or revised by another student
   Handing in the same paper to two different instructors (dovetailing)
   Copying another student’s work while writing a quiz, in-class essay, midterm, or final exam
   Downloading an essay from the Internet
Plagiarism is a serious academic offense, and is sometimes grounds for failure of this course. In order to avoid committing plagiarism, students should do the following:
   Put quotation marks around any material that is directly quoted from another source
   Put in-text citations after any material that is either directly quoted or paraphrased from another source
   Prepare thorough, properly-formatted bibliographies and references section as per Harvard Business School (HBS) citation guide
   Consult with the instructor if there are any questions or concerns
- The assignments and answers to exam question you submit will require you to correctly and honestly show where you sourced external information.
- Course Withdrawal as per NLC's calendar

 

Textbooks:
Textbooks are subject to change.  Please contact the bookstore at your local campus for current book lists.

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