SOLUTION MANUAL FOR Managing the Law: The Legal Aspects of Doing Business Sixth Canadian Edition Mitchell McInnes Faculty of Law, University of Alberta
Ian R. Kerr Faculty of Law, University of Ottawa
J. Anthony VanDuzer Faculty of Law, University of Ottawa
ISBN 978-0-137-31389-1
Contents Chapter 1
Risk Management and Sources of Law
Chapter 2
Litigation and Alternative Dispute Resolution
Chapter 3
Introduction to Torts
Chapter 4
Intentional Torts
Chapter 5
Miscellaneous Torts Affecting Business
Chapter 6
Negligence
Chapter 7
The Nature and Creation of Contracts
Chapter 8
Consideration and Privity
Chapter 9
Representations and Terms
Chapter 10
Contractual Defects
Chapter 11
Discharge and Breach
Chapter 12
Contractual Remedies
Chapter 13
Special Contracts: Sale of Goods
Chapter 14
Special Contracts: Negotiable Instruments
Chapter 15
Property in Land: Interests and Leases
Chapter 16
Property in Land: Sales and Mortgages
Chapter 17
Personal Property: Bailment and Insurance
Chapter 18
Intellectual Property
Chapter 19
Electronic Commerce
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Chapter 20
Agency and Other Methods of Carrying on Business
Chapter 21
Basic Forms of Business Organizations
Chapter 22
Legal Rules for Corporate Governance
Chapter 23
Secured Transactions
Chapter 24
Dealing with Bankruptcy and Insolvency
Chapter 25
Government Regulation of Business
Chapter 26
Individual Employment
Chapter 27
Organized Labour
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CHAPTER 1 THE LEGAL SYSTEM AND RISK MANAGEMENT
CONTENTS TEACHING APPROACH 1. An Interactive Approach 2. Law as a Process 3. The Canadian Charter of Rights and Freedoms ADDITIONAL TEACHING SUGGESTIONS 1. Natural Law and Positivism 2. Corporate Crime: Section 217.1 of the Criminal Code 3. Division of Powers 4. Concurrent Jurisdiction 5. Patriation of the Constitution 6. Constitutional Amendments — Regional Veto Act 7. Charter of Rights and Freedoms 8. Before the Charter — The Bill of Rights 9. The Scope of the Charter 10. The Charter and Its Critics 11. Statutory Interpretation Business Law in Action: Statutory Interpretation 12. Law and Equity — Not Parallel Systems Not Broad Discretion 13. Trusts DISCUSSION BOXES 1. Business Decision 1.1—Risk Management 2. Ethical Perspective 1.1—Rules and Laws 3. You Be the Judge 1.1—Charter Remedies 4. Business Decision 1.2—Law, Equity and the Trust REVIEW QUESTIONS CASES & PROBLEMS CASE BRIEFS TEACHING APPROACH An Interactive Approach The teaching philosophy adopted for this introductory chapter is critically important because it will set the tone for the entire course. While it is perhaps inevitable that students may not be fully prepared during the initial session, they nevertheless must be drawn into the material. This chapter was designed with that need in mind. Copyright © 2020 Pearson Canada Inc.
Some topics almost inevitably must be approached in a lecture format. It is, for instance, rather difficult to generate animated discussion regarding the legislative process through which a bill is transformed into a statute. Those materials should be treated accordingly. Students should appreciate the means by which laws come into existence, as well as the opportunities that business people have to influence that process. Little would be gained, however, from excessive detail or extended debate.
The great bulk of the chapter, in contrast, has been structured to foster discussion and to allow students to develop skills that they will require throughout the course (and into their professions). That is true from the opening pages of the text. Rather than tell students why, as business students, they should study law, let them discover the reasons for themselves. Ask them to imagine themselves in business. Take suggestions until a simple model emerges. Then continue on with the exercise using that simple model. Ask why some businesses succeed, while others fail. Push the students toward the realization that the answer depends a great deal on risk management, both negatively and positively. A successful business person is able to make decisions that avoid harmful events and that exploit profitable opportunities. That proposition will logically lead to the next series of questions. How do business people effectively manage risks? What do they need to know? For present purposes, the important answer is ―law.‖ Allow the students to explore some of the various ways in which a knowledge of the law can help a business. Once again, make sure that they consider negative and positive possibilities. It is important to highlight both sides of that coin. Risk management most obviously includes the avoidance of liability, but it also includes, for instance, the ability to use a contract to hold another party to a promise. Students must realize early on that, from a business perspective, the law is not simply a series of prohibitions, but rather a rich and varied collection of resources that can be used for the effective management of risk. That is why they must be familiar with it.
Although the chapter goes on to examine a number of other introductory topics, it is important to maintain the momentum generated by the opening exercise. The natural temptation to rely exclusively on straight lectures must be resisted. There is, understandably, an inclination among most students to remain passive during the initial sessions. There is also a tendency among students to regard opening lectures as somehow relatively unimportant. Both of those factors must be overcome. With that in mind, Chapter 1 includes a number of Discussion Boxes that are inherently interesting and immediately accessible. • Business Decision 1.1 centres upon the issue of reference letters, a subject of great significance for every young professional. • Ethical Perspective 1.1 deals with a failure to rescue a drowning person. If desired, it can be made more poignant by changing the facts to include a
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