Law-525-course-outline-2018-fall-Dr Kernaghan Webb PDF

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Business Management LAW 525 Law of the Marketplace

Professor Kernaghan Webb Fall, 2018

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RYERSON UNIVERSITY

SCHOOL OF BUSINESS MANAGEMENT

LAW 525 – LAW OF THE MARKETPLACE - F2018 Instructor: Professor Kernaghan Webb E-mail: [email protected]

Office: TRS 3-086 Telephone: 979-5000 Ex. 2478

Class Hours and Location: Tuesdays, 12 noon – 3 pm, TRS 2-099 Office Hours: Monday, 9 am - 10 am (please email me in advance to arrange a specific time slot) or at other times by appointment. (Note: from time to time, due to conflicts with other events, the Monday 9-10 am office hours may be cancelled).

Methods of Posting Grades Wherever possible, grades will be posted one week after the day of the test on D2L Brightspace. Course Description: An examination of the law concerning the marketplace in Canada. Common law precedents and federal and provincial statutes which govern business practices and define legal rights and remedies in the commercial environment are analyzed. Major topics include constitutional aspects, product liability, consumer warranties, misleading advertising, regulation of competition, hazardous products, packaging and labelling, discriminatory business practices, franchise law, and personal information legislation, non-court based consumer-business dispute resolution, and consumer-business aspects of corporate social responsibility. Relevant statutes and selected cases are examined. This course does not constitute legal advice, but academic information only. Course Objectives: Upon successful completion of the course of study, you should have a practical knowledge of the basic legal issues involved in the business-consumer market relationship. The key laws that are examined are those pertaining to how the business-consumer market transaction process is structured and framed by law. This market transaction process consists of three distinct although inter-related phases: - the pre-transaction phase (in which products are manufactured, sales practices and advertising campaigns are developed and implemented, and inter-firm sales arrangements are put in place); - the actual transaction phase (in which terms and conditions and warranties and guarantees are stipulated, consumer information is collected, and credit arrangements are made); and - the post-transaction phase (in which redress is provided, consumer information is used and perhaps exchanged with third parties). Prerequisites: LAW 122 or Direct Entry

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Communications Concerning the Course D2L Brightspace will be used in this course for both administrative and course-content communication purposes. You must have a D2L Brightspace account and you are responsible for checking it regularly for information concerning this course. Some information may be released only through D2L Brightspace due to unexpected circumstances. Email questions and enquiries from students to the instructor or TA will normally be responded to within 24 hours. There may be a delay in responding to emails over weekends or holidays. Students must use their Ryerson Matrix email account, and should put their class code and section in the subject line, followed by the reason for their email. No grades will be issued by email. If a student does not receive a reply from the instructor or TA within 24 hours, the student is responsible for following up (e.g., by phoning the instructor and sending a supplementary email) to ensure that the instructor or TA has received the student’s original email. It is your responsibility to raise all issues you perceive as important and urgent, in class, in tutorials, by email or telephone or through an appointment. The best method of receiving course related help is to come to class prepared and ask informed questions there. Please do not hesitate to approach me with any issue as soon as you perceive it as a problem, so that you can receive assistance as soon as possible, from me or from the many bodies available to you at Ryerson. Required Text and Other Materials: Webb, Kernaghan, Law 525 – Law of the Marketplace (purchase through the Ryerson bookstore to ensure that you have the correct version). From time to time, the instructor may supplement the text with other materials. You are responsible for understanding these supplemental materials just as you are responsible for what is in the text, and the lecture materials, and you may be tested on them also. Method of Instruction and Evaluation Course instruction is based primarily on classroom lectures and discussions of assigned readings and hand-outs. Your final grade is based upon your performance in the following course requirements: Mid Term Test 1 25% Mid Term Test 2 30% Class Participation 5% Term Total 60% Final Exam Course Total

40% 100%

Mid term tests and the final exam will be evaluated on both knowledge and analysis. The date for the mid terms are included in the course schedule (below). You must pass the final exam to pass the course. Class participation will be based on questions, answers and comments provided by students in the class that demonstrate evidence of student preparation for the class, and knowledge and analysis of course materials and lectures.

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Any change to this evaluation scheme, will be discussed in class prior to implementation. Failure to complete any of the course requirements may result in an “INC” or “F” grade.

Missed Mid Term Tests If you are unable to take a mid term test at the time that it is originally scheduled, a supplemental mid term test opportunity will be provided to you, but only if you correctly meet the criteria and follow the procedure described under “Academic Considerations” as set out later in this course outline. The supplemental test must be taken before the date on which the results of the originally scheduled test are discussed in class (usually, the results of the original test are discussed in the class taking place one week after the original test is held). If a student cannot meet the requirements to do the original mid term test or the supplemental test as described above, then the mark will be F (zero) for that test. Before taking the second mid term, students must have taken the first mid term. Before taking the final exam, students must have taken the second mid term. Missed Final Exam If you are unable to take the final exam at the time that it is originally scheduled, a make up final exam opportunity may be provided to you, , but only if you correctly meet the criteria and follow the procedure described under “Academic Considerations” as set out later in this course outline. If you do not meet the criteria and follow the procedure, then a grade of F (zero) will be assigned.

Course Schedule (Provisional)

DATE

TOPIC

READINGS

Sept. 4

Introduction – Law of the Marketplace Key Concepts and Business-Consumer Market Transactions in the News

Chapter 1

Sept. 11

Constitutional Aspects

Chapter 2

Sept. 18

Product Liability

Chapter 3

Sept. 25

Competition Act

Chapter 4

Oct. 2

Consumer Packaging and Labelling Act

Chapter 5

Oct. 9

Study Week – No class

Oct. 16

Test (covering Chapters 1 – 4) Remainder of class on Ont. Consumer Protection Act, 2002

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Chapter 6

Oct. 23

Discriminatory Business Practices Act

Chapter 7

Oct. 30

Franchises and the Law

Chapter 8

Nov. 6

Test 2 (Covering Chapters 1 – 8) Remainder of class on Class Actions

Chapter 9

Nov. 13

Protection of Personal Information

Chapter 10

Nov. 20

Non-Court Business-Consumer Redress

Chapter 11

Nov. 27

Corporate Social Responsibility and Business-Consumer Relations & Course Review

Chapter 12

Exam period

Final exam

Testing Chapters 1 – 12, and discussion in class

Help with your Course Work and Other Issues Learning Success Skills I encourage you to attend the learning skills seminars run by the Learning Success Centre. Speaking in front of others in class If you find speaking out in front of others difficult for any reason, please come and discuss that with me. I will give you some suggestions as to how you could best deal with that challenge. Problems You are always welcome to come and see me to talk about any problems that are affecting your ability to do your best work. If I cannot help you, I will direct you to the right person for your particular difficulty. If you are currently on probationary, or even conditional, standing, while you are still very welcome to come and see me, make sure you also go and see the Probationary Advisor, as soon as you think that difficulties are coming up. The most important thing is to get help as soon as you recognize that you have any kind of academic or personal difficulty, even if you are not sure that you really have a problem or what exactly is wrong. If you wait until the last week (or even the last month) of the semester, it may be too late to get effective guidance or help.

POLICIES AND COURSE PRACTICES Course Management

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Every effort will be made to manage the course as stated. However, adjustments may be necessary during the term at the discretion of the instructor. If so, students will be advised, and alterations will be discussed prior to implementation in class and through an announcement on D2L Brightspace. Academic Consideration  Students must submit assignments on time and write all tests and exams as scheduled.  Assignments and tests submitted for grading will be graded within two weeks except for the final exam.  There will be no penalty for work missed for a justifiable reason. Students need to inform the instructor of any situation that arises during the semester that may have an adverse affect on their academic performance, and request any necessary considerations according to the policies and well in advance. Failure to do so will jeopardize any academic appeals.  Except in cases of accommodations for disabilities, where documentation is handled directly by the Access Centre, students must fill out an Academic Consideration form and submit it to their own program office TRS 1-004, 7TH FLOOR. http://www.ryerson.ca/content/dam/senate/forms/academic_consideration_document_submission.pdf In addition, the following procedures must be followed as well: o Medical certificates – If a student is going to miss a deadline for an assignment, a test or an examination because of illness, he/she must submit a medical certificate (see www.ryerson.ca/senate/forms/medical.pdf for the certificate) to their program office within 3 working days of the missed assignment deadline, test or examination. The program office will notify the instructor that the documents have been received. It is the student’s responsibility to make arrangements with instructor for a make up exam. o Religious observance – While it is strongly encouraged that students make requests within the first two weeks of class, requests for accommodation of specific religious or spiritual observance must be presented to their program office no later than two weeks prior to the conflict in question (in the case of final examinations within two weeks of the release of the examination schedule). The student must submit a Request for Accommodation form (http://www.ryerson.ca/senate/forms/relobservforminstr.pdf) to their program office. The office will notify the instructor when they have received the request form. o Other requests for Academic Consideration which are not related to medical or religious observation must be submitted in writing together with the Academic Consideration form to the student’s program office. The letter must clearly state the reasons for the request and describe the events or circumstances that seriously impair the student’s ability to meet their academic obligations, and that were beyond the student’s control. When possible, supporting documentation must be attached to the letter. The office will notify the instructor when they have received the request. Students with disabilities - In order to facilitate the academic success and access of students with disabilities, these students should register with the Access Centre www.ryerson.ca/accesscentre/. Before the first graded work is due, students should also inform their instructor through an “Accommodation Form for Professors” that they are registered with the Access Centre and what accommodations are required. o Regrading or recalculation – These requests must be made to the instructor within 10 working days of the marking of the graded assignment to the class. These are not grounds for appeal, but are matters for discussion between the student and the instructor.  Submission of the Academic Consideration form and all supporting documentation to your program office does not relieve you of the responsibility to NOTIFY YOUR INSTRUCTOR of the problem as soon as it arises, and to contact with the instructor again after the documents have been submitted in order to make the appropriate arrangements. o

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If you do not have a justifiable reason for an absence and/or have not followed the procedure described above, you will not be given credit or marks for the work missed during that absence.

For more detailed information on these issues, please refer to Senate Policy 134 at (Undergraduate Academic Consideration and Appeals) and Senate Policy 150 (Accommodation of Student Religious Observance Obligations). Both can be found at www.ryerson.ca/senate/policies/. Academic Integrity  Plagiarism is a serious academic offence and penalties range from zero in an assignment all the way to expulsion from the university. In any academic exercise, plagiarism occurs when one offers as one’s own work the words, data, ideas, arguments, calculations, designs or productions of another without appropriate attribution or when one allows one’s work to be copied. (See the Ryerson Library for APA style guide references: www.ryerson.ca/library/ref/style.html).  It is assumed that all examinations and work submitted for evaluation and course credit will be the product of individual effort, except in the case of team projects arranged for and approved by the course instructor. Submitting the same work to more than one course, without instructors’ approval, is also considered plagiarism.  For more detailed information on these issues, please refer to the Student Code of Academic Conduct (see Pol#60 at www.ryerson.ca/senate/policies/ and the Academic Integrity Website (www.ryerson.ca/academicintegrity). Standard for Written Work  Students are expected to use an acceptable standard of business communication for all assignments. You are encouraged to obtain assistance from the Writing Centre (www.ryerson.ca/writingcentre) for help with your written communications as needed. (See the Ryerson Library for APA style guide references: www.ryerson.ca/library/subjects /style/index.html). Maintaining a Professional Learning Environment  During class time, except in emergency situations, laptop computers, cell phones and other electronic devices may only be used for academic activities (e.g., note-taking, class presentations). Students not complying with this requirement may be asked to leave the class. Examinations  During examinations, students must display their Ryerson photo ID cards. All electronic devices, such as cell phones and mp3 players are prohibited. Students are also not permitted to wear hats or to have food or drink (unless it is in a clear container with no label).  For more detailed information on examination policies, please refer to Pol#135 at www.ryerson.ca/senate/policies/. Academic Grading Policy  Evaluation of student performance will follow established academic grading policy outlined in the Ryerson GPA Policy (See Pol#46 at www.ryerson.ca/senate/policies/. The grading system is summarized below: Definition Excellent

Letter Grade

Grade Point

Conversion Range

4.33

90-100

A+

6

Good

Satisfactory

Marginal

Unsatisfactory

A

4.00

85-89

A-

3.67

80-84

B+

3.33

77-79

B

3.00

73-76

B-

2.67

70-72

C+

2.33

67-69

C

2.00

63-66

C-

1.67

60-62

D+

1.33

57-59

D

1.00

53-56

D-

0.67

50-52

F

0.00

0-49

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