Exam (elaborations)
COMM 315 Final Lecture Notes Business Law and Ethics (Concordia University)
- Course
- COMM 315
- Institution
- Concordia University ( )
COMM 315 Final Lecture Notes Business Law and Ethics (Concordia University)
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COMM 315 Final Lecture Notes Business Law andEthics (Concordia University)
,Anthony Di Placido
COMM 315 Lecture Notes
Lesson 1-Introduction to Law
INTRODUCTION TO LAW
Law: a set of rules and principles to maintain order and provide fair treatment to all
In a democracy, laws govern the conduct of society and laws promote the goals of peace, order
and good governance.
Laws must be in written form because there is a risk of unfairness in application otherwise. Laws
are adopted by the government
LAW & JUSTICE
Justice- the process of applying the law
Why do we respect the law?
• Fair in lawmakers or fear of punishment?
• Is it applied to all in a fair manner?
Law is enforced by the courts (the judges) and it is very important we the people respect the
judges.
Justice has to be perceived by the public by having been rendered fairly.
- Is the law always perceived as fair?
LAW & ETHICS
Ethics- are moral values, our personal view on what is right and wrong
• Ethical principles are not decided by the government lawmakers
• Society’s ethical views on appropriate behaviour and acceptable conduct changes over
time
• Changes in ethical beliefs will help foster changes to the law
-Views are always changes= laws will change
Laws are slow to change b/c lawmakers must deal with conflicting ethical views of their
constituents
,Anthony Di Placido
Ex: Young people may have diff views on certain behaviour from views of parents or
grandparents.
Concern: you may win the vote of certain constituents but may lose the vote of others
• Laws set out defined standards and are enforced by the courts
• Ethical principles on the other hand are subjective in nature and are not enforced by the
courts
o Ex: Laws set minimum wage rates
o Ethical side Is the minimum wage fair?
PRIVATE VS PUBLIC LAW
Private law- deals with the relationships between persons
• Does not involve the government acting under its official capacity
o EXCEPT: government can be involved in private law when they’re acting in a
commercial capacity.
▪ EX: when you’re employed by government or buying goods or services
from government
• Contractual responsibility deals with your obligations in contractual situation
• Non-contractual responsibility (Civil Liability) deals with your duty under the law
not to injure
The breach of private law = COMPENSATION for bodily, moral or material injury (damage)
Compensation puts you back into the position before the breach occurred and looks at
the actual and direct damage you have suffered.
Public law- deals with the relationship between the government acting in an official capacity
and its citizens
• Deals with enforcement of citizens’ duties to the state
o EX: criminal law and income tax act
The breach of public law= PUNISHMENT
Punishment is to punish you for not respecting the law and to set an example to other
people for them to not breach public law
CIVIL VS COMMON LAW
Civil law- deals with matters under Quebec provincial jurisdiction
• Why? Laws of Quebec were based on private law used in France prior to 1760s
• French law continued to apply after the colonies were ceded to Britain
All general principles of law are collected and codified into one rule book called the Civil Code
When faced with legal question, lawyers and judges refer to:
1) Civil Code
2) Jurisprudence previous court cases
, Anthony Di Placido
Common Law: deals with Federal laws that have common application all across Canada, also
applies in all other Canadian provinces for matters under provincial jurisdiction
• Based on British legal system
o General principles of law were NOT codified into a Civil Code
When faced with a legal question lawyers and judges refer to:
1) Jurisprudence- previous court cases in order to determining how judges treated similar
situations in the past
2) Statutes = LAWS would be examined
SUBSTANTIVE VS PROCEDURAL (Procedural) LAWS
Substantive laws: sets out the specific rights and responsibilities that persons are bound by
EX: Civil Code, Consumer Protection Act
Adjectival/Procedural: rules set out on how substantive laws should be applied
• EX: Code of Civil procedure sets out steps to take and the order to file documents when
suing someone
LITIGATION
Litigation/Lawsuit-the formal procedure by which a person takes a court action against another
person to claim damages / recover a debt / enforce an obligation
• Creditor- the person to whom a debt is owed
• Debtor- the person who owes a debt / obligation to another
• Plaintiff- the person who initiates a lawsuit (litigation) against his/her debtor
o USUALLY CREDITOR
• Defendant- the person against whom the lawsuit is take
o USUALLY the DEBTOR
CLASS ACTION
Class Action- where multiple persons have a similar claim against a common Defendant, proof
of one person’s claim will be sufficient to prove the damages suffered by all Plaintiffs
• EX: A Class Action might be taken when Volkswagen has a car defect in one of its car
brands. The cost of repairing the defect in each car is sufficiently similar to allow the
judge to render a decision on a compensation number.
o BENEFITS:
▪ Saves court time, one lawyer represents all of the Plaintiffs collectively
▪ Saves legal costs to Plaintiffs, facilitates access to court for those who may
not otherwise be able to afford a lawsuit on their own
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