BUSINESS LAW 301

Legal Foundations of the Canadian Economy

Fall 2010

Instructor: Jeffrey Bone, Barrister & Solicitor

LEC A1: MWF 8:00 – 8:50 BUS 2 5
Office: 2-33
Office Hours: Monday & Wednesday 2: 00 – 3: 30 pm
Email: jjbone@ualberta.ca

“So much of the time we are just lost. We think, what is right? What is true? There is no
justice. The rich win, the poor are powerless, we become tired of hearing people lie, and
after a time we become dead, we think of ourselves as victims, and we become victims.
We become weak… We doubt ourselves, we doubt our beliefs, we doubt our institutions
and we doubt the law. The law is not some book, not lawyers, not marble statutes or the
trappings of the court; those are just symbols of our desire to be just. They are in fact a
prayer, a frightened prayer. In my religion, they say act as if you have faith, and faith
well be given to you. If we are to have faith in justice, we need only to believe in
ourselves and act with justice. See I believe there is justice in our hearts.” The Verdict

COURSE DESCRIPTION
This course requires students to recognize and analyze legal principles and processes in our local
community and more particularly in the Canadian business environment. The primary topics are: the
legal system – courts, civil litigation, and Constitutional issues; applicable tort and contract principles
and cases; real property law; business and non-profit entities; and risk management. Additional topics
touched upon may include criminal law, marketplace legislation; commercial law; purchase and sales of
businesses; and trust law.

COURSE MATERIALS
Required: Yates, Richard A. 2010, Legal Fundamentals For Canadian Business, 2nd ed. Pearson-
Prentice Hall, Toronto.

Suggested but not required (available in library):

 Mitchell McInnes, Ian Kerr, J. Anthony VanDuzer & Chi Carmody, Managing
the Law: The Legal Aspects of Doing Business 3rd Edition (Toronto: Prentice Hall,
2010) or (1st or 2nd edition).
• Study guide may be found at: www.pearsoned.ca/mcinnes (requires the purchase of a new
textbook)
• Lecture slides are posted on uLearn: https://ulearn.ualberta.ca/webapps/login/

Course Assessment
• The exams will be closed-book.
• If you want to receive an admirable grade, then class attendance is mandatory. If you know in
advance you will not be available for all classes, then purchasing a copy of both textbooks is
recommended as well as the study guides. However, attending class and the one required
textbook (Yates) would be sufficient to understand all the material you will be examined on. If
you miss a class, the instructor will not be responding to emails asking for information on
what material has been missed. Please check with a fellow classmate for this information.
• There will be two non-cumulative tests; and one final non-cumulative exam:

MARK ALLOCATION (subject to change from time to time in instructor’s sole discretion)

1. Mid- Term Assessment #1 Friday, October 8
2. Mid-Term Assessment #2 Friday, November 5
3. Final Examination TBA
4. Courtroom Observation and Report
25% (Yates: Chapter 1,2, lecture materials)
30% (Yates: Chapter 3,4, lecture materials)
35% (Yates: Chapter 7,8, lecture materials)
10% Due Before Monday, November 15,
2010 (Hard copy, not electronic)

Courtroom Observation and Report:

Students are required to attend a session of “Justice Chambers” (not Masters Chambers) at the
Edmonton Court Centre. This involves attending at the courthouse any working day from Monday to
Friday before 10am (start time). The courthouse staff will help students find the courtroom where the
morning chamber docket is occurring. (Note: You will have to pass through a security check that is akin
to airport security before proceeding into a courtroom).

Chambers is a period when the court hears several motions of a short duration (usually under 10
minutes). These may be contested applications with opposing parties appearing on both sides.
Essentially, it is a period of the day litigants proceed on a variety of issues that require the attention of a
Justice.

This will provide you an opportunity to see the variety of work that exists before the court. These
applications occur quickly and it is the student’s option to choose one of these matters and write a 500
word report, listing the type of law involved (legislation, case law, etc. if any mentioned), date
attended, issues identified, outcome and any other relevant matters you wish to discuss. The idea is
to demonstrate you have an understanding of the nature of the application and what has occurred during
the proceeding. This may involve research after wards, such as looking up the law involved. Students
may do so at the following website:
Canlii:
http://www.canlii.org/
The Courtroom Observation and Report is expected to take approximately 5-9 hours depending on your
level of interest. Therefore, classes will not be held from September 17 to the 24th, 2010. During this
time you are expected to be completing your assignment. It is a good idea to attend court early in the
semester so it will be a more effective learning tool.

Provided you hand in a solid report, that upon review meets the established criteria as listed above, you
will receive the full 10%. If the report does not conform to the expectations of writing and
professionalism at the undergraduate level, you may receive an inferior grade and the report may be
investigated to ensure the accuracy of its content.

Additionally, three examinations will be written. The midterm examinations will be written during class
time. The final examination will be written at the assigned examination time slot: TBA. The format of
these exams is multiple choice/true and false. Most likely, there will not be any sample exams/questions
provided.

Exam Policy
• Make-up term tests will be given only if you miss a midterm due to illness or other valid reason
approved by the instructor. At the discretion of the instructor, make-up midterms will consist of
short answer/essay questions or multiple choice questions; or the mark allocation will be carried
over to the final exam. Mid terms missed without a valid reason will result in a mark of 0.

Grade Distribution
The final grade distribution will reflect that set out in the University of Alberta Marking and Grading
Guidelines (www.registrar.ualberta.ca/files/mark_gradeguide.pdf). Student performance will be
measured relative to other students within the same section only.
GRADING STRUCTURE
F 0 - <50% C- 60 - <63 B- 70 - <73 A- 80 - <86
D 50 - <55 C 63 - <67 B 73 - <77 A 86 - <93
D+ 55 - <60 C+ 67 - <70 B+ 77 - <80 A+ ≥93

Help With Course Content

Do not hesitate to come and see me if you are having problems with course material during office hours.
COURSE SCHEDULE

CONTENT
(SUBJECT TO CHANGE FROM TIME TO TIME
IN INSTRUCTORS SOLE DISCRETION)
Introduction to law and the legal system:

a) Legal thinking
b) History of the Common Law System
c) Common Law compared with other systems
d) Sources of law
e) Classification of law and courts
f) Litigation and Negotiation compared and contrasted
g) The Constitution of Canada and the Charter of Rights and Freedoms
h) Issues in human rights (provincial legislation, and international law)
i) Law from the point of view of philosophy and social science
The law of Torts:

a) Intentional Torts
b) Non-intentional torts
c) Risk management and insurance
d) Issues and trends in tort law

Midterm Examination #1 (50 minutes, 25% of course mark )

The law of Contracts:

a) Forming Contractual Relationships

b) Enforcing Contracts
c) Breach of Contract and Remedies
d) Understanding and evaluating certain common contracts
e) Issues and trends in contract law

Midterm Examination #2 (50 minutes, 30% of course mark – material covered since midterm #1)

Business Organizations

a) Sole Proprietorship, Agency, and Partnership

b) Corporate law
c) Other forms of business and not-for-profit organization
d) Issues and trends in business organization including globalization

Property Rights

a) Changing views about property

b) Interests in land
c) Issues and trends in property law

Official Statements:
• Policy about course outlines can be found in §23.4(2) of the University Calendar.
• The University of Alberta is committed to the highest standards of academic integrity and
honesty. Students are expected to be familiar with these standards regarding academic honesty
and to uphold the policies of the University in this respect. Students are particularly urged to
familiarize themselves with the provisions of the Code of Student Behavior (online at
www.ualberta.ca/secretariat/appeals.htm) and avoid any behavior which could potentially result
in suspicions of cheating, plagiarism, misrepresentation of facts and/or participation in an
offence. Academic dishonesty is a serious offence and can result in suspension or expulsion from
the University.