DAP Course Outline Template - revised 2020 May 8 PDF

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COURSE INFORMATION Course title: Commercial Law Course code: BUSI 393 Session, term, period: 2020S1 Section(s): 921 Course duration: May12 -June 18, 2020. Division: Law Program: DAP

Credits: Class location: Class times: Pre-requisites: Co-requisites:

3 On line T/Th 1:30-4:30 pm N/A N/A

INSTRUCTOR INFORMATION Instructor: Barbara Cox, BPE, JD, Phone: NA Office location: NA Email: [email protected] Office hours: Virtual office hours to be posted on Canvas or by appointment COURSE DESCRIPTION This course examines the Common Law and statutory rules that govern commercial transactions. We begin by learning how cases are decided in Common Law courts. Students then examine the elements of contract law to become prudent, moral and ethical contract negotiators. The course also examines the professional liability and fiduciary duties of business persons to their clients and others. Course components include reviewing relevant statutes, analyzing judicial decisions and engaging in critical thinking about legal, moral and ethical problems in business. COURSE FORMAT This course is taught lecture –style, with student discussion of posted cases and participation in discussions, as well as through case problems. LEARNING OBJECTIVES This course will equip business students with an introduction to the legal environment in which business operates in Canada. By the end of the course students will recognize many of the legal issues they will encounter in business, develop strategies to avoid legal problems, think critically about legal, moral and ethical issues, and develop an understanding of the principles used by the courts to resolve legal issues. The overall objective of the course is to cultivate and enhance legal, moral and ethical discernment for right action in the business world.

ASSESSMENTS Summary Component Assignments (3) Assignment 1 due May 21 (5%) Assignment 2 due May 26 (10%) Assignment 3 due June 18 (5%)

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Syllabus Participation Class participation diary due after last class, submitted in Assignments on Canvas Pre-class quizzes due before class starts, classes 2-last class

Midterm in class June 4 Final exam – date determined by UBC Total

10%

30% 40% 100%

Details of Assessments The first assignment is based on a segment from a video we will watch in class. It is to be done as an individual assignment, and will incorporate facts learned about the legal system. Details about the assignment will be discussed in class. The second assignment is a written assignment. It should be about 2 pages long (double spaced). It will involve applying legal principles learned in class and from selected readings to realistic business situations in order to practice reaching well-reasoned, legal, moral and ethical decisions. This assignment will be done individually however it is certainly recommended that you discuss the assignment with your classmates. More information regarding this assignment will be provided in class. The final assignment is to be done in a group and it involves preparing a memo to management regarding a claim made by an injured party. Details will again be provided in class. This assignment cannot be completed until later in the course as it will involve an understanding of the laws of negligence. Students are asked to note on a class participation diary what they did during every class, and hand this diary in on June 19th. Because this course relies heavily on applications and discussions of case materials, a percent of your grade will be determined from active learning activities. Active learning means that you take responsibility both for your learning, and helping others to learn more about the material. A critical component of the course is spirited, informed discussion. This means that you should be familiar with assigned materials prior to class; reading the textbook and the cases and preparing case briefs for each case will enable you to contribute constructively in class. Readings will normally not be fully reviewed separately - you are assumed to have read and understood them. Excellent participation incorporates the materials that you have studied on your own and also builds on what your classmates have said to move the conversation forward. Attendance in class is not the same thing as class participation. In the past students who have prepared cases in a study group before class have benefited greatly from the advance preparation. It is strongly encouraged for you to do so.

It is important to recognize Sauder’s policy during summer 2020, on students attending class during the regular scheduled class time:

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Syllabus Real-time attendance – Online courses are scheduled during regular hours in the Pacific Time zone for 2020 Summer Session. Students must be prepared to adapt to this, especially if group work and collaboration are essential for course completion. The midterm exam will be schedule during class time, the final is set by UBC and it too will be held according to Pacific Time. While lectures will be recorded, students are required to attend, and be prepared to be called upon in class. Failure to do so will result in a deduction in participation grades, although some portion of the participation grade will be given according to marks given on pre-class quizzes.

The final exam will be similar to assignments #2 in style and purpose, as well as similar to the former exam questions which we will frequently do in class as a way to review the course content. Students must earn a mark of at least 50% on the final exam to pass the course. LEARNING MATERIALS 1. TEXTBOOK: ISBN 9780135906446 - Smyth & Soberman, The Law and Business Administration in Canada Loose Leaf Version (www.pearson.com/mylab) course ID cox86797. Further registration instructions are posted to CANVAS.

COURSE INFORMATION Additional materials recommended but not required: Technology Requirements We will be using Canvas for this course. The course page will be accessible starting April 30th. If you experience any technical difficulties with your login to Canvas, please contact the UBC IT Service Centre. If you experience any technical difficulties with your login to Canvas, please contact the UBC IT Service Centre. Your laptop and home Internet service should meet the following minimum requirements: (This

information is also available at https://keeplearning.ubc.ca/setting-up/#technical.)

a. Proper hardware – UBC is using various tools to maintain academic integrity. Minimum system requirements to take online courses and exams are:  Desktop/laptop (updated to the latest version of Google Chrome with the ability to install plugins, e.g., Proctorio) Windows: o Processor: Intel i3 or AMD Ryzen 3 o Memory/RAM: 4GB o Drive: 128GB 3 BUSI 393

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o Operating System: Windows 10 Education or Enterprise or Pro with release 1903 and above Mac:

o o o o

Processor: Intel i5 Memory/RAM: 4GB Drive: 128GB Operating System: macOS 10.13 (High Sierra) and above  Audio output (any speaker, either internal or external, or headphones)  Audio input (any microphone, either internal or external)  Webcam (320x240 VGA resolution (minimum) internal or external) b. Reliable internet connection – For the seamless delivery of online course content and exams, it is highly recommended that students use a wired internet connection (avoid dial-up, no wireless, no satellite). Students must also check the speed and quality of their network connection. UBC recommends 5 mbps download speed and 1 mbps upload speed are needed at minimum.

COURSE-SPECIFIC POLICIES AND RESOURCES Missed or late assignments, and regrading of assessments Late submissions will not be accepted and will receive a grade of zero. With respect to the grading of your Midterm or Final exam, in the event that you feel something very serious was missed in the grading of your work, (be it a mathematical error or other) please write a brief summary of what you feel needs further attention and submit this re-read request with your marked work. I will remark your exam on my own time. If you request a re-read, the exam will be re-marked in its entirety and your grade may go up or down. Each grade component is considered final one week after given to the class and will no longer be open for re-reading or discussion. I am always happy to discuss your work with you for educational purposes.

Academic Concessions The midterm and final exams are compulsory. If you are unable to write the midterm due to illness etc. please notify the DAP as soon as possible. If you have academic concession from the DAP for missing the midterm exam then your final exam will count for 70% of your overall grade. If you miss the midterm exam and do not have academic concession from the DAP then your grade for the midterm will be zero and you will forfeit the 30% allocated to the midterm exam. Other Course Policies and Resources UNIVERSITY POLICIES AND RESOURCES UBC provides resources to support student learning and to maintain healthy lifestyles but recognizes that sometimes crises arise and so there are additional resources to access including those for survivors of sexual violence. UBC values respect for the person and ideas of all members of the academic community. Harassment and discrimination are not tolerated nor is suppression of academic freedom. UBC provides appropriate accommodation for students with disabilities and for religious observances. UBC values academic honesty and students are expected to acknowledge the ideas generated by others and to uphold the highest academic standards in all of their actions. Details of the policies and how to

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Syllabus access support are available on the UBC Senate website at https://senate.ubc.ca/policies-resourcessupport-student-success. Academic Integrity The academic enterprise is founded on honesty, civility, and integrity. As members of this enterprise, all students are expected to know, understand, and follow the codes of conduct regarding academic integrity. At the most basic level, this means submitting only original work done by you and acknowledging all sources of information or ideas and attributing them to others as required. This also means you should not cheat, copy, or mislead others about what is your work. Violations of academic integrity (i.e., misconduct) lead to the breakdown of the academic enterprise, and therefore serious consequences arise and harsh sanctions are imposed. For example, incidences of plagiarism or cheating may result in a mark of zero on the assignment or exam and more serious consequences may apply if the matter is referred to the President’s Advisory Committee on Student Discipline. Careful records are kept in order to monitor and prevent recurrences. COPYRIGHT [ All materials of this course (course handouts, lecture slides, assessments, course readings, etc.) are the intellectual property of the instructor or licensed to be used in this course by the copyright owner. Redistribution of these materials by any means without permission of the copyright holder(s) constitutes a breach of copyright and may lead to academic discipline. Audio or video recording of classes are not permitted without the prior approval of the Instructor.] ACKNOWLEDGEMENT [OPTIONAL] UBC’s Point Grey Campus is located on the traditional, ancestral, and unceded territory of the xwmə θkwəyə m (Musqueam) people, who for millennia have passed on their culture, history, and traditions from one generation to the next on this site. COURSE SCHEDULE (Subject to change with class consultation)

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COURSE SCHEDULE (SUMMER SESSION) WEEK # MAY 12

CLASS TOPICS

THE LAW IN ITS SOCIAL AND BUSINESS CONTEXT

ACTIVITIES / READINGS

WHAT’S DUE

Sources of Law Textbook 1-12, 21-41  

Common Law v. Civil Law Statute and Precedent

Court Systems and Procedures The Constitution Act and the Charter of Rights and Freedoms Textbook 12-20,736-740, 210-213 LIEBMANN V. CANADA 460 Alternate Dispute Resolution Textbook 41-45

MAY 14& 19

FORMATION OF A CONTRACT

Intent, Offer, and the Writing Requirement Textbook 124-140, 157-159, 54-55, 208, 210, 736-740 R V. 279707 ALBERTA LTD. 528 Acceptance & Consideration Textbook 145-156 RUDDER V. MICROSOFT CORP 532 TULSA HEATERS INC V. SYNCRUDE CANADA LTD 548 DOUEZ V FACEBOOK INC (CANVAS Capacity to Contract Textbook 166-170

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INFANTS ACT Supplement RE COLLINS 544 Legality of Object Textbook 170-183 MAKSYMETZ V. KOSTYK 559 PHOENIX RESTORATIONS LTD V. BROWNLEE 562 Textbook 170-183

)

MAY 21

Undue Influence, Duress and Unconscionability Textbook 199-203 BUCKWOLD WESTERN LTD V. SAGAR MAKAY v. CESAR (Canvas)579

GROUNDS UPON WHICH A CONTRACT MAY BE SET ASIDE

MAY 26

INTERPRETATION OF THE CONTRACT

Misrepresentation Textbook 196-199 COLLINS V. DODGE CITY EAST 570

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Syllabus WERLE V. SASK. ENERGY INC. (Connect) Interpretation Textbook 219-221, 224-226

BKDK HOLDINGS LTD V. 692831 BC LTD 584 BLACKSWAN GOLD MINES LTD V. GOLDBELT RESOURCES 589

MAY 28

THE PAROL EVIDENCE RULE

Parol Evidence Rule Textbook 219-221, 224-226

HUSSAIN v. GHAG CB 111

THE DISCHARGE OF CONTRACTS Discharge of the Contract Textbook 254-265

JEDFRO INVESTMENTS LTD. V. JACYK 606 SATURLEY V. LUND 612

MAY 30

BREACH OF CONTRACT, REMEDIES AND EXCLUSION CLAUSES

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Breach of Contract & Damages Textbook 274-281, 283-294 BREALTA ENERGY INC V. FIRST CAPITAL MANAGEMENT LTD 618 WESTCOAST TRANSMISSION V. CULLEN 624 BLACKCOMB SKIING ENTERPRISES V. SCHNEIDER 629

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Syllabus ALBRECHTSEN v. PANAICH CB 141

PRIVITY OF CONTRACT Privity of Contract Textbook 232-239 PEACOCK V. ESQUIMALT & NANAIMO RAILWAY CO. 602 EXCLUSION CLAUSES Exclusion Clauses DAWE V. CYPRESS BOWL 637 GREEVEN V. BLACKCOMB 648 MALONEY V. DOCKSIDE 650

JUNE 4

SPECIAL TYPES OF CONTRACTS

Sale of Goods SALE OF GOODS ACT CANVAS KOBELT MANUFACTURING CO V. PACIFIC RIM ENGLINEERED PRODUCTS 658 KOVACS V HOLTOM 678 BEVO FARMS LTD. V. VEG RO INC. 682

JUNE4

MIDTERM in Class

MIDTERM IN CLASS

JUNE 11

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Syllabus Negligence and Vicarious Liability Textbook 75-78, 84-97 WALDICK V. MALCOLM 472 HOLLIS V. DOW CORNING 474 MORSI V. FERMAR PAVING 477 RANKIN v. J.J. CB 251 PROFESSIONAL LIABILITY: THE LEGAL CHALLENGES Negligent Misstatement Textbook 102-118 RANGEN V. DELOITTE & TOUCHE 484 HERCULES MANAGEMENT LTD V. ERNST & YOUNG 492 JUNE 16

FIDUCIARY DUTIES AND AGENCY

Fiduciary Duty Textbook 103-104 HODGKINSON V. SIMMS 494 STROTHER V. 3464920 CANADA LTD. 497

2ND ASSIGNMENT DUE IN CLASS

Agency Textbook 368-381 PEMBERTON BENCHLANDS HOUSING CORP V. SABRE TRANSPORT 688 Sole Proprietorships Partnerships Textbook 563-583 LANZ V. LANZ 710 SCRAGG V. LOTZKAR CB 712

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JUNE 18

BUSINESS ORGANIZATIONS: THEIR FORMS, OPERATION AND MANAGEMENT

Corporations – Formation, Legal Nature and Internal Affairs Textbook 588-595, 598, 613-622

Review in Class

CANADIAN SPORTS SPECIALISTS INC. V. PHILLIPPON 744 DATA BUSINESS FORMS LTD V. MACINTOSH 732 SPC HOLDINGS & CONSTRUCTION LTD. (CANVAS) SPS

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