Business 4000 Chapter 1Law and Society

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Title: Business 4000 Chapter 1Law and Society

1
Business 4000Chapter 1 Law and Society

The Role of Law
How Do We Define Law?
Law is too diverse and complex to allow simple
definition
What law does provides rules of conduct that
are enforceable by government, and by individuals
and groups with the help of government
Law binds all of us we cannot opt out

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Business 4000Chapter 1 Law and Society

Why do we have and need laws?
Needed to protect persons and property
wrongdoers punished or required to pay
compensation to victims
Give government the powers to act for the benefit
of society in general expect it to operate in
accordance with the rule of law where all people
treated equally

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Business 4000Chapter 1 Law and Society

Laws also provide a framework giving freedom of
choice can make legally binding agreements
enforceable in the courts we can plan and
organize our affairs and bargain with others for
mutual advantage and then rely upon such
arrangements because they are enforceable
The law provides an element of certainty in
determining contractual and property rights

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Business 4000Chapter 1 Law and Society

The Significance of Law for the Business
Environment
Having an adequate legal infrastructure that
clearly defines rights and properly enforces them
is crucial for attracting business investment
Of greater significance today given the greater
degree of international trade and investment
giving rise to a wide variety of legal
relationships in many countries

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Business 4000Chapter 1 Law and Society

Law and Conscience
Law is generally and instinctively obeyed because
society benefits from reasonably predictable and
orderly relations
omitting material on natural law, legal
positivism, morals and ethics

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Business 4000Chapter 1 Law and Society

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Business 4000Chapter 1 Law and Society

Legislation
Also known as statute law
Passed by the federal parliament or provincial
legislatures
Includes regulations (subordinate legislation)
and rulings of administrative tribunals
Court decisions
Rulings on cases presented to the court

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Business 4000Chapter 1 Law and Society

What Do Courts Do?
1. Determine the validity of legislation
Must respect the constitutional division of
powers between the federal and provincial
jurisdictions void if legislating in the wrong
field
Even if purpose is valid, the court may have to
restrict an acts interpretation to ensure it
doesnt stray into the other jurisdiction

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Business 4000Chapter 1 Law and Society

2. Protect civil liberties
Must ensure that legislation doesnt infringe
upon the Canadian Charter of Rights and Freedoms
that constitutes part of the constitution
Subject to reasonable limits as may be
demonstrably justified
In extreme cases, a legislature could invoke the
s. 33 notwithstanding clause and override
certain Charter provisions

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Business 4000Chapter 1 Law and Society

3. Interpret Legislation
May have to interpret the meaning of statutes
where they use words with imprecise meanings
May also have to determine how changes in
legislation has affected rights and
responsibilities
For most statutes, they are deemed as remedial
and given a liberal, purposive interpretation a
strict interpretation may apply if the statute is
one that imposes a form of penalty or taxation

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Business 4000Chapter 1 Law and Society

4. Arbitrate Disputes Between Private Parties
Most common reference to the role of courts in
this course
May entail the application and interpretation of
a statute but also apply principles that courts
have developed in the process of rendering
decisions over the centuries
Examples law of contract and law of tort

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