Summer 2014 Elements of Law: Part One (AP/ADMS 2610D 3.0) (Note: Subject to Further Revision)

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1 ELEMENTS OF LAW Summer 2014 Elements of Law: Part One (AP/ADMS 2610D 3.0) (Note: Subject to Further Revision) Faculty of Liberal Arts and Professional Studies School of Administrative Studies York University Course Directors: Jack Furman and Jack Bensimon Office Hours: at least 2 business days in advance to schedule an appt with the Course Director(s) responsible for covering the chapter(s) in question. Class Location: TBD. Please Jack Bensimon for any administrative matters concerning the course. Phone: N/A Jack Furman - jfurman2@yorku.ca; Jack Bensimon - jackllm@yorku.ca Area Assistant: Office: Atkinson, Room 282 Phone: (416) Required Texts: The required text for the course is Contemporary Canadian Business Law, Principles and Cases, (2012) 10 th Edition, J.A. Willes & J.H. Willes, McGraw-Hill Ryerson ( Textbook ) which is available in the York University Bookstore. Important Dates: Please refer to: for a list of important dates including the last date to drop the course without receiving a grade which is March 7, Students who are not enrolled by January 19, 2014 will not be admitted into the course. Please note that Course Directors cannot give permission to any student to enrol in the course at any time.

2 MID-TERM EXAM: Held During Session Six (June 11, 2014, 7-9:30 pm) Students who miss the mid-term exam must provide a completed "Attending Physician's Statement" within 5 business days of the mid-term to the School of Administrative Studies (Atkinson, room 282) which must include the name and phone number of a contact person who can verify the reason for absence. Failure to do so shall result in a grade of 0 for the mid-term. Please do NOT your Attending Physician s Statement or any supporting documentation to your course director or to the School of Administrative Studies. Only original signed copies or original supporting documents will be considered acceptable. Students who for any reason do not attend the mid-term of the section they are enrolled in will not be permitted to write the mid-term. If a mid-term is written and the course is not dropped by the drop date, then the mid-term mark will count towards the final grade. A make-up mid-term exam will be offered at a time and date to be determined by the course directors. The format of that exam may be different than the original mid-term.

3 Elements of Law: Part One (AP/ADMS 2610D 3.0) Course Outline Course Description: This course is intended to provide students with the basic legal principles and frameworks that are necessary when one is operating within a business context. The course will introduce students to the fundamental building blocks of business law, contracts and torts (e.g., negligence). This will be followed by a discussion of the legal aspects of the different forms of business organization including: sole proprietorships; partnerships; and corporations. Other important areas of business law to be covered include: employment law; consumer law; competition law; environmental law; bailment; real estate law (including mortgages); as well as intellectual property. The course is not designed, however, to turn students into lawyers, but to provide them with the basic knowledge and understanding of legal principles so that they are more fully aware of the legal implications of their actions in business and help navigate within the Canadian legal system. * Note that not only does Law have its own language, but its concepts and terms are more commonly expressed in formal legal English language and grammar, which students must understand and apply for examination purposes. Course Learning Objectives: The primary learning objectives of this course are as follows: a. To have a basic understanding of the key legal concepts and principles that relate to business activity, whether as an owner, professional, employee, manager, executive, or director. b. To become aware of the legal implications that can arise while engaged in business activity to know when to engage the assistance of a lawyer, as well as how to be a more informed and knowledgeable legal client. c. To develop critical decision-making skills via the application of concepts and legal principles to business cases.

4 Student Evaluation, Weights, and Dates: Evaluation Grade Date Weight 1) Mid-Term Exam 30% June 11, :30 pm 2) Quiz 20% May 28, :00 pm 3) Final Exam 50% During the Final Exam Period (3 hrs) TOTAL 100% Mid-Term: The Mid-term Examination will cover materials discussed during Sessions 1 through 5 of the course. The Mid-term Examination will be closed book and will take place during session six. It will consist of multiple choice questions, short answer, and/or case analysis questions. Final Exam: The final exam is non-cumulative (with exception to contracts and torts) of all material covered in the course, is closed book, and is scheduled during the final exam period. You are entitled to bring a print (not electronic) dictionary into the exam, to assist in TRANSLATION only. Students should bring their current identification card, and their York Card or one piece of photo identification at the exam. Class Expectations and Participation In general, the readings each week for the course will be quite heavy. It is important that you take the time to do the readings and not fall behind. This will help with one s understanding of the material presented during the lectures. It is also important to read all the assigned cases before class in order to properly discuss them. Law not only has its own language, but its concepts and terms are more commonly expressed in formal legal English language and grammar, which students will have to understand and apply for examination purposes. Attendance at each session is expected. Attendance, participation, and inquiry are crucial elements to succeed in this course. Please pay careful attention to content coverage for each of the quiz, mid-term exam, and final exam. SUBJECT CODE INSTRUCTOR TIME DAY AP/ADMS 2610 O J. Furman 7:00 10:00 pm Wednesday

5 J. Bensimon DATE TOPICS COVERED READINGS AND CASES MAY 7, 2014 PART ONE: INTRODUCTION CONTRACTS, SESSION ONE Course content;sources of law (Common law, Equity, Statute law); Constitution, Charter of Rights and Freedoms, Judicial System, Civil Court Procedure, Administrative Tribunals, Alternative Dispute Resolution (ADR) Legal Profession Chapter 1 (pp. 8-23) Chapter 2 (pp.29 47) Chapter 3 (pp / 53 57) Assigned Summary Notes MAY 14, 2014 SESSION TWO CONTRACTS PART 1 Elements of a valid contract: Intention, Offer and Acceptance, Consideration, Quantum Meruit, Debtor-Creditor, Capacity, Legality, Form and Writing, the Statute of Frauds Chapter 7 (pp ) Chapter 8 (pp ) Chapter 9 (pp ) Chapter 10 (pp ) MAY 21, 2014 SESSION THREE CONTRACTS PART 2 Mistake, Misrepresentation, Undue Influence, Duress, Contractual Privity, Assignment, Performance, Breach, Duty to Mitigate, Remedies Chapter 11 (pp ) Chapter 12 (pp ) Chapter 13 (pp ) Chapter 14 (pp ) MAY 28, 2014 Intentional Torts, Business and Related Torts & Crimes, Unintentional Torts, Vicarious Chapter 4 (pp ) Chapter 5 (pp ) SESSION FOUR Liability, Negligence, the Concept Chapter 6 (pp ) TORTS AND of Foreseeability, Manufacturer s PROFESSIONAL LIABILITY Liability, Tort Defences, Remedies, Professional Standards and Professional Obligations, Professional-Client Relationships Assigned Summary Notes IN-CLASS QUIZ, (20%), 1 hour Sessions 1-3;

6 DATE TOPICS COVERED READINGS AND CASES Quiz Coverage: Chapters 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14. JUNE 4, 2014 SESSION FIVE SECURITY FOR DEBT, NEGOTIABLE INSTRUMENTS, AND INTERNATIONAL BUSINESS LAW Security for Debt: Forms, Statutory Protection for Creditor Security, Priorities Negotiable Instruments: Bills of Exchange, Cheques, Promissory Notes, Defences, Consumer Protection and Negotiable Instruments Chapter 29 (pp ) Chapter 28 (pp ) International Business Law: Importing and Exporting Goods to Chapter 33 (pp )This test and from Canada, International will cover the material discussed in Trade Regulation, International Sessions 1 5 (above) Trading Relationships and Contracts of Sale, International Trade Dispute Arbitration JUNE 11, 2014 SESSION SIX Mid-Term Exam, 7 9:30 pm 100 marks, 30% of final course grade Multiple-choice, short answer, and case analysis. Covers the following chapters: 1-14, 28-29, and 33 JUNE 18, 2014 PART THREE: BUSINESS ORGANIZATIONS SESSION SEVEN FORMS OF BUSINESS PART 1 Partnerships Liability, Formation, Dissolution Corporations Liability, Corporate Governance, Due Diligence Defence, Financing, Share Issuance, Dissolution Chapter 16 Chapter 17 Restrictive Trade Practices Chapter 32 Mergers, Conspiracies and Combinations in Restraint of Trade, Offences Relating to the Distribution and Sale of Products, Civil Actions under the Competition Act

7 DATE TOPICS COVERED READINGS AND CASES JUNE 25, 2014 SESSION EIGHT PART THREE: MISCELLANEOUS BUSINESS LAW AGENCY, BAILMENT AND EMPLOYMENT LAW The Law of Agency: Role of an Agent, Agency by Express Agreement, Duties of Parties, Agency by Conduct or Estoppel, Agency by Operation of Law, Ratification of contracts by the Principal, Agency Relationship The law of Bailment: Nature and Types of Bailment, Bailor- Bailee, Employment Law: Contract of Employment, Dismissal and Wrongful Dismissal, Employer Misrepresentation, Employer Liability to Third parties, Employer Liability for Employee s Injuries Chapter 9 (pp ) Chapter 15 (pp ) Chapter 19 (pp ) Chapter 20 (pp )The JULY 2, 2014 SESSION NINE GOVERNMENT REGULATION OF BUSINESS: SALE OF GOODS Sale of Goods: Codification of the Law, Nature of a Contract of Sale, Contractual Duties, Remedies, Electronic Sale of Goods Chapter 21 (pp ) CONSUMER PROTECTION Consumer Protection Legislation: Consumer Safety, Consumer Information, Consumer Product Quality and Performance Protection, Consumer Protection Related to Business Practices, Credit- Granting Consumer Protection, Credit Reporting Consumer Protection Chapter 27 (pp ) ENVIRONMENTAL LAW Environmental Legislation: Environmental Responsibility Chapter 34 (pp )

8 DATE TOPICS COVERED READINGS AND CASES Chapter 34 (pp ) Guest Speaker - Kuno Tucker, VP/CCO, ITG Canada JULY 9, 2014 SESSION TEN INTELLECTUAL PROPERTY REAL PROPERTY INTELLECTUAL PROPERTY: Patents, Trademarks, Trademarks Act, Franchises, Copyright, Copyright Act Real Property Law: Easements, Restrictive Covenants, Title to Land, Registration of Property Interests Chapter 26 (pp ) Chapter 22 (pp & ) JULY 16, 2014 SESSION ELEVEN REAL PROPERTY LAW: INTERESTS IN LAND Mortgages: Priorities, Rights and Duties of the Parties, Special Clauses, Discharge of Mortgage, Assignment, Sale of Mortgaged Property, Default: Foreclosure and Sale, Business Applications of Mortgage Security Chapter 23 (pp ) MORTGAGES Leasehold Interests: the LEASEHOLD INTERESTS Creation of a Tenancy, Rights and Chapter 24 (pp )

9 DATE TOPICS COVERED READINGS AND CASES Duties of the Landlord and the Tenant, Rights of the Landlord for Breach of the Lease, Rights of the Tenant for Breach of the Lease / JULY 23, 2014 SESSION TWELVE REVIEW SESSION Ch 17 - Corporation Law Ch 21 - Sale of Goods Ch 32 - Restrictive Trade Practices Ch. 34 Environmental Law Please address any questions or cases to the instructor responsible for delivering the relevant Chapter(s) material. FINAL EXAM AUGUST FINAL EXAMINATION 50% Closed Book 3.0 hours The final exam will cover the material discussed in Sessions 7 12 (above), PLUS material from the first half as it concerns Contracts and Torts. This includes chapters 4-14.

A. SOURCES OF THE LAW

A. SOURCES OF THE LAW COURSE: Business Law GRADE(S): 9-12 UNIT: Basics of Law NATIONAL STANDARDS Achievement Standard: Analyze the relationship between ethics and the law and describe sources of the law, the structure of the