Type:
Instructor Manual
The Law and Business Resource: Administration in Canada Edition:
14th Edition
Author(s):
J.E. Smyth Dan Soberman Alex Easson Shelley McGill
INSTRUCTOR’S RESOURCE MANUAL Barbara Cox
THE LAW AND BUSINESS ADMINISTRATION IN CANADA Fourteen Edition J.E. Smyth University of Toronto D.A. Soberman Queen’s University A.J. Easson Queen’s University S.A. McGill Wilfrid Laurier University
Toronto
CONTENTS Introduction Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Chapter 20 Chapter 21 Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 26 Chapter 27 Chapter 28 Chapter 29 Chapter 30 Chapter 31 Chapter 32
Law, Society, and Business The Machinery of Justice Government Regulation of Business The Law of Torts Professional Liability: The Legal Challenges Formation of a Contract: Offer and Acceptance Formation of a Contract: Consideration and Intention Formation of a Contract: Capacity to Contract and Legality of Object Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation Writing and Interpretation Privity of Contract and the Assignment of Contractual Rights The Discharge of Contracts Breach of Contract and Its Remedies Sale of Goods and Consumer Contracts Bailment and Leasing Insurance and Guarantee Agency and Franchising The Contract of Employment Negotiable Instruments Intellectual Property Interests in Land and Their Transfer Landlord and Tenant Mortgages of Land and Real Estate Transactions Sole Proprietorships and Partnerships The Nature of a Corporation and Its Formation Corporate Governance: The Internal Affairs of Corporations Corporate Governance: External Responsibilities Secured Transactions Creditors’ Rights International Business Transactions Electronic Commerce Privacy
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Introduction The changes to this fourteenth edition of The Law and Business Administration in Canada are largely organizational. This new edition has combined Chapters 9 and 10 of the thirteenth edition into Chapter 10; the other major change was a reorganization of Chapter 3, moving the discussion on Government Regulation of Business from Chapter 30, to become Chapter 3. Updates in the law have been set out in the Prefax, under “Summary of Changes to This Edition.” Here you will find details of any significant changes to the law that are discussed in the fourteenth edition. There is reduced content in Chapter 14 on the Sale of Goods Act, and in Chapter 19 on Negotiable Instruments. There is a new ongoing business application case in the EOC material for every chapter from Chapter 2 onwards and video links have been added to most chapters. For business students the most practical and useful addition has been the section in each Chapter on Strategies to Manage the Legal Risks. These are quick useful summaries that students can refer to for each section of the course to help determine an appropriate Legal Risk Management Plan (as described in Chapter 1).
Applications of the Text The 14e remains a comprehensive description of the most important business law principles and is most appropriate for a doctrinal survey course in business law. However, the changes made to the 13e allow instructors to easily adapt the Smyth text to other types of courses such as: - Legal environment courses, - Law and ethics courses, - Selected legal topic electives. Role of the Instructor’s Manual 14th Edition The manual fills two roles: (1) a resource book for the material in the text – it provides further explanation of text content, case summaries and answers to questions, problems and cases; – it also provides supplemental material for background and currency by referring the instructor to additional cases, articles and web material not referenced in the text (some cases were decided since the text went to press, others offer depth beyond that of the text). (2) a teaching aid – it recommends strategies to teach particular material; – it provides a consistent template to deal with ethical theme boxes;
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– it assists the instructor in adapting the text to a variety of legal courses.
Form and Content of the Manual Naturally substantive changes to the manual mirror the changes made to the text. The format of the manual is familiar and largely unchanged from previous editions. Each chapter contains general commentary under headings corresponding to the headings within the text chapter, suggested approaches and question answers are provided for each of the issue boxes (ethical, international, and contemporary where appropriate), there are answers to questions, problems and cases and finally case summaries. General Commentary: This section is not merely a summary of what is explained in the text book. The commentary identifies the complexity of key issues from the text and identifies strategies to teach them (teaching aid component). This is also where instructors will find referral to other resources, examples, and additional cases. Ethical Issue: A consistent approach to the ethical content is important to the students and for the purposes of demonstrating embedded ethical content during program accreditation (for example AACSB). Therefore, the commentary under Law and Business Ethics in Chapter 1 of the manual describes 6 key values to be used as the template for discussion of each of the ethical issues in subsequent chapters. It is recommended that instructors review the commentary in Chapter 1 even if this chapter is not assigned reading for students. In each subsequent chapter, the manual identifies (in bold font) the relevant ethical values presented in the issues box. International Issue: These boxes take two different forms. One type involves a factual situation that crosses a jurisdictional boarder and students consider the conflict of laws scenario to determine which laws should be applicable. The other type involves comparing the law from two jurisdictions to evaluate the different strategic approaches taken. Most often the foreign jurisdiction is the United States as this is still Canada’s major trading partner. For the first type, the manual provides contextual background to the fact situation. For the second type, the manual may provide additional information on the law of the foreign jurisdictions. In both cases, the manual answers the questions posed and identifies key points that should be elicited during class discussion. Contemporary Issue: Most of these boxes were removed in favour of ethical and international boxes. However in a very few chapters they are retained to deal with an especially important topic (for example Chapter 27 – One Federal Securities Regulator) or because no ethical or international issues box was applicable. For example, Chapter 30 is an entire chapter on International Business Transactions. It seemed redundant to place an international issues box here so a contemporary issues box was retained. Similarly in Chapter 1 there is a section on Law and Business Ethics, so an ethical issues box was rejected in favour of a contemporary issues box.
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