NAFTA allows that these communities supersede US court system.

Oakes test ; under criminal law, if you had a certain amount of drugs on you, you had to prove that you were not trafficking. The crown must pass the Oakes test, it has to be sufficient. It has to be proportional to what youre trying to achieve. Ex should certain soft drinks be taxed in order to regulate certain patterns that contribute to obesity? 5 test approach 1) Application of the charter; it only applies when it affects the states and the citizen. 2) Fundamental Freedoms: Everyone has the following fundamental freedoms; - freedom of conscience and religion - freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication - freedom of peaceful assembly and - freedom of association 3) DEMOCRATIC RIGHTS Supreme court of Canada is under the authority of Beverly McLachin. Supreme court is the highest court of the land and its the highest appeal in any case. 9 judges; punee judges and it is based on senority. When the govt is absent or incapable, she takes over right away. You only go to supreme court in permission, if they dont wanna hear your case, you dont really have a say. Legal risk Occurrence of an event that generates legal responsibility when the circumstances cause hardship or negative reactions. It means that an event needs to happen, if it doesnt happen, it hasnt happened. Lecture 5 An Agent ????? The issue is the amount of delegation of authority. You can delegate a lot or a little, this depends on the circumstance. When dealing with business you have to ask yourself how much delegation youre gonna grant to your employees. Types of Agencies: 1) A formal agreement: an agency you have because it is in writing or by oral means. Delegation of authority involves the concept of looking at the actual authority or the apparent authority. Expressed terms: clear Implied term: they are part of the transaction but are not spelled out exactly. It happened in 3 circumstances. The first is when it is related to the execution of an expressed term( John go and put up my poster; but you didnt tell him to staple it. You assume he would be able to execute it)

Second is custom or practices; Third; it is associated to your actual business function. Having keys to your security function. A principle by his conduct or action creates a situation of an authority that the agent does not possess in his relationship with third parties. People create the authority based on the actual image. (example, saying Microsoft sponsored you makes you look like a winner) 2) Agency by Ratification: when there is an excess of authority by the principle. Or when the agency exceeds its authority. Say writing a 10k cheque instead of 1k cheque. 3) Agency by necessitation; when there is a pressing and urgent situation that requires an intervention without the consent of the principle. Example; needing information from someone in coma. Duties of Principal a) Pay the salaries b) Provide instructions to actual agent c) Provide appropriate tools d) Provide for indemnification: when someone sues you, the employer funds the process e) Provide confidentiality if youre an agent, you cannot release the information Duties of Agent a) work inside the rules; work inside the delegate authority b) not working conflict of interest c) avoid working for 2 principals at the same time unless permitted d) work inside your fiduciary capacity e) keep information confidential f) allow for cooperate opportunity g) do not use the business assets for personal advantage using the equipment to have your office or business practice for personal purposes. 4 basic liabilities\ a) Liablilty of the principal: when the agent works inside the delegate authority. Example, Serving too hot coffee. b) When you have a apparent authority: when the principle is reliable for the creation of the apparent authority.The principal is responsible to creat the verbal or written statement. c) When the agent exceeds the apparent authority. That behavior of the agent is called the breech of warranty of authority. Ex; youre supposed to act in a given way and you breech it. Yo google this shii d) If the third party is aware of the breech of authority by the principal or agent. In that case the principle is not liable for the excess of authority of the principal. Ex where the third party knows that the agent should not sign a cheque because he doesnt have the authority. Property Assets Partnership

Section 2 of the partnership act defines the concept. Partnership is a relationship, there has to be a contract, either written or oral. Carrying on a business in common ex a profession Accountancy. What does not constitute a partnership -The sharing of gross returned does not of itself create a partnership. Wheather the person sharing such return or have a jint or common right or interest in any property from which -You are being reimbursed for the money you put in the business. More tho.. you missed it - every agent is a partner - you cant use for personal pleasures - everyone is obliged jointly for any sort of liability MIDTERM Definition Write everything you know Just class notes and examples Dont bunch everything in one paragraph Hes looking for element, put each element in a seoerate paragraph When you notice a buzz, define it and explain. Always tart with definitions. POST MIDTERM Sexual harassment Class example: U Ottawa Shower room; young boys and an old guy in the shower. The executives knew and they were using codes to communicate like they wasnt aware. The whole point is the accountability of the whole group, everyone has to be responsible for the whole group, integrity. Policy is without appeal.. It was recorded on your phone Cynthia.. Webcam; the yahoo guys take snap shots at intervals. Brock University Code of Conduct: Recording you cant tape record classes Gambling A Coperation has the same rights as a natural person except the right to adopt kids lol Benefits of Incorporation 1) Separate legal entity 2) Limited Liability 3) Lower corporate tax rates: It is true that corporations are taxed twice but the deductions and credit they get reduces the taxes 4) Greater access to capital 5) Continuous existence Voting rights,you have to have power. In business, we dont have friends, we only have people with similar interests. Implications of Incorporating Higher start up costs: http://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs04841.html The link has the notes he used in class They had to change beer for women to try it. recoreded(28:40)

Read chapter 4 in the link and search Articles of Incorporation and read it You will need to have e a corporate name and a business name. You cant use hitler as the last name of business First element : Right of refusal Second: right of approval check notes bro ..(54:01) 3rd : Right to maintain yourself; youre not diluting your capital 4th: Impose conditions, a right to buy back. March 24, 14 Tort is a French word that means a wrong doing is caused which means that a harm was cause outside a contract Ex parking in someones lawn. Trespapssing a lawn 3) Deceopt or fraud : A false statement or a reckless conduct. Ex not telling you the consequences of eating some food. Brining peanut to care. 4) Negligence: unreasonable conduct that includes a careless act or a mission that would cause harm to another. Driving a vehicle with a racing perspective. 5) Assault and battery: a threat of imminent harm ex im gonna punch you out. It could also be a verbal behavior. Ex someone is yelling and youre scared of the. Battery is the intentional infliction on harmful conduct. Ex someone punches you hard. Rough sex is an assault. 6) Damage: the purpose of damange is to compensate for the wrong doings. i)non pecuniary damage: compensation for pain a n sufferings including loss of life and expectancy ii) pecuniary damage . notion looking at future damage future care future income special damages Malicious or oppressive conduct: Intangible disabilities :. Didnt hear but 22:00 example is someone filming you showering and leaks it. 25:00 Notion of negligence 4 steps 1) does the defendant owe the plantiff a duty of care?Who would be affected by our conduct ex 26:46 2) 33:28 3) 37:00 part 2 there has to abe a link withoin the action we are looking at and the consewuence. Ex 38:21 4) 443:50 story of an individual finds a fly. 444:20 5) Thin forll rule: if hes clamiming for an injury, he must claim to full extent 46:55