Canadian Business Law Today 1st Canadian Edition By Nancy Breen Solution manual
Students should indicate that understanding law in business today helps them make informed decisions and what laws and regulations pertain to their businesses. Knowledge of business law provides guidelines for businesses surrounding their legal and ethical responsibilities to the individuals they interact with, like employees and clients.
- What is common law? What is legislative law? Are there other names for these laws? (LO 1.5)
Common law is also called precedent law is based on the decisions of similar cases and is not criminal law. Legislative law, or statute law, is made by bodies of government.
- Define the areas of law. What is the difference between them? (LO 1.5 )
Areas of law would be criminal law (between the government and the person/business and generally based on the Criminal Code of Canada); constitutional law (between our Charter of Rights and Freedoms or the Constitution Act and individuals or organizations) administrative laws (laws and regulations set out by organizations), tax law (issues dealing with Canada Revenue Agency and federal income tax)
- How would you compare a criminal case to a civil case? (LO )
A criminal case is where the defendant is charged under the Criminal Code of Canada for an offense and is charged by the Crown. A civil case is between individuals or businesses or organizations.
- Why would the parties in a civil case want to pursue Alternative Dispute Resolution? (LO )
- Saves money—no costly court fees
- Saves time—no lengthy trial process
- Creates goodwill—preserves diplomatic relationship between the parties because they work together toward a solution both sides can live with
- Increases compliance—parties are more likely to comply with a mutual decision
- Maintains privacy—sessions are not open to the public
- Reduces stress—because of reasons listed above!
- Why is it important for a business to develop a privacy plan? (LO 1.1 )
A privacy plan allows a business to protect the information of the public, their business and their employees and clients. It also provides guidelines for businesses surrounding their legal and ethical responsibilities to the individuals they interact with, like employees and clients.
- What is meant by the term “risk management”? (LO 1.3)
Risk management is a positive management practice that avoids consequences that affect the welfare of the business.
- Vandals have destroyed a bench in the park owned by the town. Is this a matter of public or private law? (LO 1.5 )
Vandalism would be a matter of public law as it criminal offense under Section 430 of the Criminal Code of Canada.
- Explain whether the enforcement of the following organizations’ rules would involve administrative law: (LO
- The Liquor Control Board – administrative law
- The Tropical Fish Breeders Association – not administrative law
- The Institute of Law Clerks – not administrative law
- The Canadian Radio-television and Telecommunications Commission – administrative law.
Activities
- Interview a manager of a local small or medium business to understand how they deal with legal issues. What issues do they see a lawyer about? What should a businessperson know about government acts and regulations?
Answers will vary depending on the interview.
- Go to the Government of Canada website and explore the Constitution Acts of 1867 and 1982, which includes the Canadian Charter of Rights and Freedoms. Familiarize yourself with the Acts. Create a table that outlines the parameters of both acts.