Managing the Law: The Legal Aspects
of Doing Business
6th Canadian Edition
by Mitchell McInnes
Complete Chapter Solutions Manual
are included (Ch 1 to 27)
** Immediate Download
** Swift Response
** All Chapters included
** Cases & Problems included
, CHAPTER 1
THE LEGAL SYSTEM AND RISK MANAGEMENT
CONTENTS
TEACHING APPROACH
1. An Interactive Approach
2. Law as a Process
3. The Canadian Charter of Rights and Freedoms
ADDITIONAL TEACHING SUGGESTIONS
1. Natural Law and Positivism
2. Corporate Crime: Section 217.1 of the Criminal Code
3. Division of Powers
4. Concurrent Jurisdiction
5. Patriation of the Constitution
6. Constitutional Amendments — Regional Veto Act
7. Charter of Rights and Freedoms
8. Before the Charter — The Bill of Rights
9. The Scope of the Charter
10. The Charter and Its Critics
11. Statutory Interpretation
Business Law in Action: Statutory Interpretation
12. Law and Equity — Not Parallel Systems
Not Broad Discretion
13. Trusts
DISCUSSION BOXES
1. Business Decision 1.1—Risk Management
2. Ethical Perspective 1.1—Rules and Laws
3. You Be the Judge 1.1—Charter Remedies
4. Business Decision 1.2—Law, Equity and the Trust
REVIEW QUESTIONS
CASES & PROBLEMS
CASE BRIEFS
TEACHING APPROACH
An Interactive Approach
The teaching philosophy adopted for this introductory chapter is critically important
because it will set the tone for the entire course. While it is perhaps inevitable that
students may not be fully prepared during the initial session, they nevertheless must be
drawn into the material. This chapter was designed with that need in mind.
1-1
, Chapter 1 – Risk Management and Sources of Law
Some topics almost inevitably must be approached in a lecture format. It is, for instance,
rather difficult to generate animated discussion regarding the legislative process through
which a bill is transformed into a statute. Those materials should be treated accordingly.
Students should appreciate the means by which laws come into existence, as well as the
opportunities that business people have to influence that process. Little would be gained,
however, from excessive detail or extended debate.
The great bulk of the chapter, in contrast, has been structured to foster discussion and to
allow students to develop skills that they will require throughout the course (and into their
professions). That is true from the opening pages of the text. Rather than tell students
why, as business students, they should study law, let them discover the reasons for
themselves. Ask them to imagine themselves in business. Take suggestions until a simple
model emerges. Then continue on with the exercise using that simple model. Ask why
some businesses succeed, while others fail. Push the students toward the realization that
the answer depends a great deal on risk management, both negatively and positively. A
successful business person is able to make decisions that avoid harmful events and that
exploit profitable opportunities. That proposition will logically lead to the next series of
questions. How do business people effectively manage risks? What do they need to know?
For present purposes, the important answer is “law.” Allow the students to explore some
of the various ways in which a knowledge of the law can help a business. Once again,
make sure that they consider negative and positive possibilities. It is important to
highlight both sides of that coin. Risk management most obviously includes the
avoidance of liability, but it also includes, for instance, the ability to use a contract to hold
another party to a promise. Students must realize early on that, from a business
perspective, the law is not simply a series of prohibitions, but rather a rich and varied
collection of resources that can be used for the effective management of risk. That is why
they must be familiar with it.
Although the chapter goes on to examine a number of other introductory topics, it is
important to maintain the momentum generated by the opening exercise. The natural
temptation to rely exclusively on straight lectures must be resisted. There is,
understandably, an inclination among most students to remain passive during the initial
sessions. There is also a tendency among students to regard opening lectures as somehow
relatively unimportant. Both of those factors must be overcome. With that in mind,
Chapter 1 includes a number of Discussion Boxes that are inherently interesting and
immediately accessible.
• Business Decision 1.1 centres upon the issue of reference letters, a subject of great
significance for every young professional.
• Ethical Perspective 1.1 deals with a failure to rescue a drowning person. If
desired, it can be made more poignant by changing the facts to include a drowning
child. Absent a special relationship (eg parent or teacher), I am legally free to
watch an infant drown, just as I am legally free to watch an adult die.
1-2
of Doing Business
6th Canadian Edition
by Mitchell McInnes
Complete Chapter Solutions Manual
are included (Ch 1 to 27)
** Immediate Download
** Swift Response
** All Chapters included
** Cases & Problems included
, CHAPTER 1
THE LEGAL SYSTEM AND RISK MANAGEMENT
CONTENTS
TEACHING APPROACH
1. An Interactive Approach
2. Law as a Process
3. The Canadian Charter of Rights and Freedoms
ADDITIONAL TEACHING SUGGESTIONS
1. Natural Law and Positivism
2. Corporate Crime: Section 217.1 of the Criminal Code
3. Division of Powers
4. Concurrent Jurisdiction
5. Patriation of the Constitution
6. Constitutional Amendments — Regional Veto Act
7. Charter of Rights and Freedoms
8. Before the Charter — The Bill of Rights
9. The Scope of the Charter
10. The Charter and Its Critics
11. Statutory Interpretation
Business Law in Action: Statutory Interpretation
12. Law and Equity — Not Parallel Systems
Not Broad Discretion
13. Trusts
DISCUSSION BOXES
1. Business Decision 1.1—Risk Management
2. Ethical Perspective 1.1—Rules and Laws
3. You Be the Judge 1.1—Charter Remedies
4. Business Decision 1.2—Law, Equity and the Trust
REVIEW QUESTIONS
CASES & PROBLEMS
CASE BRIEFS
TEACHING APPROACH
An Interactive Approach
The teaching philosophy adopted for this introductory chapter is critically important
because it will set the tone for the entire course. While it is perhaps inevitable that
students may not be fully prepared during the initial session, they nevertheless must be
drawn into the material. This chapter was designed with that need in mind.
1-1
, Chapter 1 – Risk Management and Sources of Law
Some topics almost inevitably must be approached in a lecture format. It is, for instance,
rather difficult to generate animated discussion regarding the legislative process through
which a bill is transformed into a statute. Those materials should be treated accordingly.
Students should appreciate the means by which laws come into existence, as well as the
opportunities that business people have to influence that process. Little would be gained,
however, from excessive detail or extended debate.
The great bulk of the chapter, in contrast, has been structured to foster discussion and to
allow students to develop skills that they will require throughout the course (and into their
professions). That is true from the opening pages of the text. Rather than tell students
why, as business students, they should study law, let them discover the reasons for
themselves. Ask them to imagine themselves in business. Take suggestions until a simple
model emerges. Then continue on with the exercise using that simple model. Ask why
some businesses succeed, while others fail. Push the students toward the realization that
the answer depends a great deal on risk management, both negatively and positively. A
successful business person is able to make decisions that avoid harmful events and that
exploit profitable opportunities. That proposition will logically lead to the next series of
questions. How do business people effectively manage risks? What do they need to know?
For present purposes, the important answer is “law.” Allow the students to explore some
of the various ways in which a knowledge of the law can help a business. Once again,
make sure that they consider negative and positive possibilities. It is important to
highlight both sides of that coin. Risk management most obviously includes the
avoidance of liability, but it also includes, for instance, the ability to use a contract to hold
another party to a promise. Students must realize early on that, from a business
perspective, the law is not simply a series of prohibitions, but rather a rich and varied
collection of resources that can be used for the effective management of risk. That is why
they must be familiar with it.
Although the chapter goes on to examine a number of other introductory topics, it is
important to maintain the momentum generated by the opening exercise. The natural
temptation to rely exclusively on straight lectures must be resisted. There is,
understandably, an inclination among most students to remain passive during the initial
sessions. There is also a tendency among students to regard opening lectures as somehow
relatively unimportant. Both of those factors must be overcome. With that in mind,
Chapter 1 includes a number of Discussion Boxes that are inherently interesting and
immediately accessible.
• Business Decision 1.1 centres upon the issue of reference letters, a subject of great
significance for every young professional.
• Ethical Perspective 1.1 deals with a failure to rescue a drowning person. If
desired, it can be made more poignant by changing the facts to include a drowning
child. Absent a special relationship (eg parent or teacher), I am legally free to
watch an infant drown, just as I am legally free to watch an adult die.
1-2
