Based on the information and definitions provided in the chapter, the students could be asked to: a) identify and describe the action that has been committed by the individual or business that has caused harm to another party;
b) determine whether the action was intentional or unintentional, and name the type of tort that has taken place (for example: defamation).
The fact situations can be further used to review and/or initiate discussion amongst students about the various component parts that make up a legal action based on tort.
The following are some suggestions for this purpose along with references to the sections in the text where the issues have been addressed.
As a businessperson, you may experience any of these scenarios below:
- HELP! I just started to work in a business and I’m not sure what I need to know about the law?
A discussion with the students could be centered on the need for an employee to be not only aware of the statutes, regulations and rules that apply to an industry or business in which he or she is working, but that employees and businesses are required to conduct their commercial affairs in compliance with them. The discussion could be broadened to look at how laws help direct our social policy to ensure a fair society, achieve stability, and create a country’s success on many levels – political, social, cultural and economic.
- HELP! I hear about lawsuits all the time. How do I protect my business? How can I avoid these risks?
Along the lines of the response to the Help situation above, the students could be invited to explore how an awareness of the statutes, regulations and rules that apply to an industry or business might help a commercial enterprise to manage risk and protect the business from lawsuits. The connection between knowledge and risk management could be underlined by using a particular business, such as meat-packing, and considering what the impact might be if there were no regulations on that industry. This could be followed by a discussion premised on the fact that there are regulations and what might happen if a business was unaware of the regulations, both from a regulatory enforcement standpoint, and from any potential civil actions that might arise.
- HELP! After hearing about all the business scandals, I’m wondering just how ethical a business really needs to be?
The law is very involved in the ethical decisions of a business and the impact on employees, shareholders, suppliers, customers and society in general. Asking students to provide examples of what they would consider ethical and non-ethical business behavior could be used as a starting point for discussion purposes to reinforce the need for a business owner to be aware of the legal and financial ramifications of ethical decisions made in the process of carrying on operations.
- HELP! My boss said we need to file a claim against a business that hasn’t paid their bill. How do I do that? What do I need to know and do?
This situation presents an opportunity to introduce the concept of a contract, its breach, and the process of enforcing its terms or seeking damages (reference can be made to the creation and breach of a contract being covered in Chapters 5 and 7 respectively). The discussion should including the various courts in the student’s province or territory in which an action for damages might be started and their monetary jurisdiction.
- HELP! What are government regulations and what do I need to know about them?
The Canadian Radio and Television Commission (CRTC) might be used to introduce a discussion on the concept of government regulations and administrative law. The CRTC has been active in the areas of broadcasting, internet services, and mobile phone providers with which students will probably have some familiarity. The discussion can be used to underscore the fact that there are various types of laws, which provide regulations and rules about how individual are to conduct themselves and how businesses are to conduct their commercial affairs.
For Review
Questions
- What is the importance of understanding law to a business today? (LO 1.1)
