Solution Manual For CONTEMPORARY CANADIAN BUSINESS LAW PRINCIPLES & CASES, 12TH EDITION John A. Willes, John H. Willes Complete Chapter Solutions Manual are included (Ch 1 to 35)
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SOLUTION MANUAL FOR CONTEMPORARY CANADIAN BUSINESS LAW, PRINCIPLES AND CASES 12TH EDITION BY JOHN A WILLIS
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SOLUTIONS MANUAL FOR CONTEMPORARY CANADIAN BUSINESS
LAW PRINCIPLES & CASES, 12TH EDITION BY JOHN A. WILLES,
JOHN H. WILLES A+
CHAPTER 1: THE LAW AND THE LEGAL SYSTEM
Review Questions
1. What impact does the Canadian Charter of Rights and Freedoms have on rights and
freedoms not mentioned specifically in the Charter? Could these "other rights and freedoms" be
curtailed or extinguished by governments?
Answer: The Charter recognizes the existence of other rights and permits them to continue
except where they conflict with Charter rights and freedoms. Rights outside the Charter do not
have Charter protection, and may be abolished or encroached upon by governments.
2. What is the difference between a "right" and a "privilege"?
Answer: A right is an act that may be done with impunity and with the support and recognition
of the state. The state recognizes a right as something which neither it nor others may deny. A
privilege is something which the state allows or permits under specific circumstances at the
pleasure of the state.
3. Why are "rights" and "duties" often considered together when one thinks of laws?
Answer: Because "rights" often permit a person to do something that interferes with others, laws
generally include obligations or duties on the person possessing a right to exercise the right in a
particular way to minimize interference with others. Laws may also include duties on those
affected by the exercise of a right to permit the right to be exercised.
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4. Could a society exist without laws? If not, why not?
Answer: A complex society certainly could not exist without laws, as some means of regulating
the activities of people would be necessary to maintain order. Even in a primitive society, rules
regulating fairness in vengeance matters were necessary.
5. "Advanced civilizations are generally characterized by having a great many laws or
statutes to control the activities of the citizenry." Comment on the validity of this statement.
Answer: This is a valid observation. Advanced civilizations are characterized by persons
engaged in activities which involve a great deal of social contact and interaction. Historically,
they have also involved many people living in close proximity to each other (in cities). Each type
of social interaction usually requires some legislative control, hence, the more interaction, the
more laws that are required.
6. On what basis are Charter fundamental rights and freedoms open to restriction by
Parliament or the provincial legislatures?
Answer: Fundamental rights and freedoms may be restricted under s. 1 if the restriction can be
shown to "be demonstrably justified in a free and democratic society." Rights and freedoms may
be "temporarily" overridden by the "notwithstanding" clause (s. 33) as well.
7. Why is the doctrine of stare decisis an important part of the Common Law system?
Answer: The doctrine of stare decisis is the theory of precedent. Judges are expected to apply
previous decisions to similar cases which come before them in order to maintain a degree of
consistency in the law. By following this doctrine, the law is not only consistent, but others can
predict how the law may be applied in similar.
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8. How does the Common Law differ from the principles of equity? From statute law?
Answer: Common Law and equity have different roots. The common law was the product of the
common law courts. The principles of equity were originally principles or rules which the King
applied in settling disputes which did not fall within the jurisdiction of the common law courts.
Later, the King's Court (Chancery) used the same and other principles in order to provide fair
and just results. At present, the courts may apply both common law and equity, but where
conflict exists, equity prevails. Equity differs from statute law in the sense that statute laws are
written or codified laws, whereas the principles of equity are found in the recorded judgments of
the courts.
9. How does a legislature establish a new law? Explain the procedure.
Answer: The usual process is as follows:
a. A bill (essentially a proposed law) is presented to a legislative body (Parliament or
provincial legislature).
b. A motion is made (and passed) to have the bill 'read' a first time.
c. The bill is then printed and circulated to the members to study.
d. The bill is later brought forward for debate (second reading) in principle.
e. If the bill passes the second reading stage, it is sent to a Committee for study and
amendment on a clause by clause basis.
f. Once passed by the Committee, the bill is reported in final form by the Chair of the
Committee for a third reading.
g. The bill is then debated for a final time by way of a motion to have the bill read a third
time.
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h. If passed by a majority vote, the bill at the federal level goes to the Senate where a
similar process is followed.
i. Once a bill has been passed by the House of Commons and Senate (or a provincial
legislature) it goes to the Governor-General (or Lieutenant-Governor, if provincial) for royal
assent.
j. The bill becomes a law on receipt of royal assent, and effective as a law when proclaimed
in force.
10. Define substantive law, and explain how it differs from procedural law.
Answer: Substantive law - law which sets out the rights and duties of individuals and
corporations. Procedural law - law which set out the procedure whereby substantive laws are
enforced.
11. Describe the difference between the Common Law and the Civil Code of the
Province of Quebec. What are the relative merits of each system?
Answer: Common Law consists of the recorded judgment of the courts. The civil code is a
written body of law. Merits of civil code: laws are written down and may be consulted to
determine what the law is. The law can be changed by statute amendment and kept up to date by
the legislature if change is warranted. Merits of Common Law: flexible, as judges may change it
through interpretation, or by distinguishing the case at hand from the precedent. Adaptable to
changing social attitudes.
12. "The supremacy of the state was reached when it managed to exercise a sufficient degree
of control over the individual to compel him or her to use the state judicial system rather than
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