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JOHN MOLSON SCHOOL OF BUSINESS
DEPARTMENT OF MANAGEMENT

Course Outline

BUSINESS LAW & ETHICS
COMM 315/2 Section CC Fall 2013

Instructor: Renée Desrosiers de Lanauze
Office: Part-time lecturer's office MB 13th floor
E-mail: renee@delanauze.com
Office Hours: by appointment

COURSE DESCRIPTION:

Through the study of laws, ethical principles and court judgments, this course will introduce students to important legal and ethical issues that they may encounter within a business organization.

In today’s environment of social awareness, business can no longer focus solely on maximizing profits and must recognize and respect its legal and ethical obligations to a wide range of stakeholders, both within and outside of the business organization. These stakeholders include employees, management, shareholders, directors, officers, the immediate community and society at large.

COURSE OBJECTIVES:

By the end of this course, students will be able to:

1) demonstrate an understanding of the relationship between law and ethics and how these two principles should not be treated as mutually exclusive;

2) select the most effective solutions to legal and ethical issues that may be encountered within the workplace;
3) identify the appropriate steps to be followed in both the legal and ethical decision making processes;

4) apply material learned in this course in order to analyze and propose solutions to legal and ethical problems.

REQUIRED COURSE MATERIAL:

Textbook: Fundamentals of Quebec Business Law and Ethics, 1st Edition, Paladin Publications. (Available at the Concordia University bookstore)

EVALUATION:

Two in-class tests: the first will cover Chapters 1, 2, 3 & 4; the second will cover Chapters 5 & 6. Each in-class exam will be worth 25% of the total grade. The final exam will cover Chapters 7, 8 & 9 and will also include the material on Ethics covered in Chapter 2. The final exam will be worth 50% of the total grade. Both in-class tests and the final exam will be closed-book and no course material may be brought to any test or exam. The format of all tests and exams will be multiple-choice. No materials (including all books, notes and papers) will be allowed in the students’ possession during these exams. No electronic devices, including cell phones, laptops, tablets, electronic dictionaries, etc. will be permitted on students’ desks during any test or exam.

CLASS TESTS MISSED FOR MEDICAL REASONS:

No make-up tests will be granted except for serious medical reasons supported by original, detailed, dated and signed medical documentation. Medical documentation must clearly indicate the date and the reasons why the student’s condition rendered him/her incapable of writing the class test in question.

No make-up test will be granted, unless notification of his/her inability to write the test is given by the student to the professor in writing (preferably by email) at the earliest possible opportunity. Except for emergencies, this notification must be done prior to the test in question.

Students who do not provide appropriate medical documentation, as set out above, will receive a grade of zero for the class test that they did not write.

LEARNING PLAN:

Cases are on canlii

Week | Class Schedule (tentative) | 1 | Chapter One: Introduction to Law 1.1 What is Law? 1.2 The Law of the Land 1.3 Law & Justice 1.4 Law & Ethics 1.5 Understanding the Domains of Law 1.6 Substantive Law & Adjectival Law 1.7 To Sue – The Five Ws 1.8 A Legal System Chapter Three: The Quebec Legal System 3.1 Structure – The First Element of the Québec Legal System 3.2 Law – The Second Element of the Québec Legal System 3.3 Administration and Enforcement - The Third Element of the Québec Legal System | 2 | Chapter Two: Ethics 2.1 Introduction to Ethics 2.2 Law vs. Ethics 2.3 International Business Ethics 2.4 Resolving Ethical Issues 2.5 Professional Standards and Corporate Codes of Conduct 2.6 Responsible Investing 2.7 Corporate Governance | 3 + 4 + 5 | Chapter Four: Personal Rights 4.1 Introduction 4.2 The Canadian Charter of Rights and Freedoms 4.3 The Québec Charter of Human Rights and Freedoms 4.4 The Civil Code of Québec Appendix 4-A Constitution Act, 1982 Appendix 4-B Selected Sections from the Québec Charter ofHuman Rights and Freedoms Appendix 4-C Selected Articles from the Civil Code of Québec Case 4.1 Commission Scholaire Marguerite-Bourgeoys v. Singh Multani Case 4.2 Singh Multani v. Commission Scholaire Marguerite-Bourgeoys Case 4.3 British Columbia (Public Service Employee Relations Commission) v. BCGSEU Case 4.4 Therrien v. Minister of Justice Case 4.5 Syndicat Northcrest v. Amselem Case 4.6 Grutter v. Bollinger et al | 6 + 7 + 8 | In-class test # 1 will cover the material in Chapters 1, 2, 3 & 4.Chapter Five: Mandate 5.1 Introduction 5.2 Characteristics 5.3 Obligations of the Mandatary towards the Mandator 5.4 Obligations of the Mandator towards the Mandatary 5.5 Obligations of the Mandatary towards Third Persons 5.6 Obligations of the Mandator towards Third Persons 5.7 Termination of Mandate Appendix 5-A Selected Articles from the Civil Code of Québec Case 5.1 Piec Estate v. Caisse d'économie polonaise du Québec Case 5.2 Dowell v. Hay-Ellis Chapter Six: Forms of Business Ownership 6.1 Introduction 6.2 The Sole Proprietorship 6.3 The Partnership 6.4 The Corporation Appendix 6-A Selected Sections from the Act Respecting Legal Publicity of Enterprises Appendix 6-B Selected Articles from the Civil Code of Québec Appendix 6-C Partnership Agreement Appendix 6-D Sole Proprietorship Registration Form Appendix 6-E Partnership Registration Form Appendix 6-F Federal Incorporation Forms Appendix 6-G Québec Incorporation Form Appendix 6-H Certificate of Incorporation Appendix 6-I Selected Sections from the Québec Business
Corporations Act Appendix 6-J Selected Sections from the Canada Business
Corporations Act Appendix 6-K Share Certificate Case 6.1 146400 Canada Inc. v. Network Transport Ltd. | 9 + 10 +11 | In-class test # 2 will cover the material in Chapters 5 & 6.Chapter Seven: Employment Law 7.1 Introduction 7.2 The Individual Contract of Employment Appendix 7-A Selected Articles from the Civil Code of Québec Appendix 7-B Selected Sections from the Québec Labour Standards Act Case 7.1 King v. BioChem Therapeutic Inc. Case 7.2 Dubé v. Volcano Technologies Inc. Case 7.3 Hasanie v. Kaufel Groupe Ltd. Case 7.4 Copyfax Inc. v. Lambert Case 7.5 A.R. Medicom Inc. v. Bergeron | 12 | Chapter Eight: Principles of Contract Law 8.1 Obligations 8.2 Contracts Appendix 8-A Selected Articles from the Civil Code of Québec Case 8.1 Giroux v. Malik Case 8.2 Peter v. Fiasche Case 8.3 Carrefour Langelier v. Cineplex Odeon Corp. Case 8.4 Copiscope Inc. v. TRM Copy Centers | 13 | Chapter Nine: Civil Responsibility 9.1 Introduction 9.2 Personal Responsibility 9.3 Indirect Responsibility 9.4 Limiting Civil Responsibility Appendix 9-A Selected Articles from the Civil Code of Québec Case 9.1 Harris v. Ostromogilski Case 9.2 Walker v. Singer Case 9.3 Farmakis v. Canadian Tire Corp. Case 9.4 Walford v. Jacuzzi Canada Inc. Case 9.5 Morse v. Cott Beverages West Ltd. |

Academic Integrity:

The Code of Conduct (Academic) at Concordia University states that "The integrity of University academic life and of the degrees, diplomas and certificates the University confers is dependent upon the honesty and soundness of the instructor-student learning relationship and, in particular, that of the evaluation process. Therefore, for their part, all students are expected to be honest in all of their academic endeavors and relationships with the University" Undergraduate Calendar 2013-2014, section 17.10 (http://registrar.concordia.ca/calendar/pdf/sec17.pdf).

All students enrolled at Concordia are expected to familiarize themselves with the contents of this Code.

DISCLAIMER:

The instructor reserves the right to change or update this outline, and any other course related material, as required. The student will be informed in a timely manner through FirstClass and/or announcements during class.

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