APSC 450 Review

Professionalism
This slide is not on the exam
Introduction to legal entities and the legal system
Criminal law
Tort law
Contract law
Statute law
o Legislatures
o Common law, how it might override statute law?
Administrative law
o APEG_BC has the ability to set standard as well as discipline and investigate problems
Delegated from the provincial govt based on the fact that it was a set of
specialist looking at specialist
o Workers Comp Board, Radio and Communication board, National Energy Board
Receive mandate from provincial or federal mandates
Use Common Law in employment law
o Employment Standard Act
o Contracts
Business Forms know the definitions of each, as well as pros and cons
Sole Proprietorship
o Sole entity, single owner
Partnership (limited partnership, limited liability partnership)
o More than one owner, shared liability, shared profits, partnership disagreements, etc.
o Silent partner
Corporation (private and public)
o Legal person/identity
o Assumes profits and liability
o Profits shared amongst shareholders
o Public stocks on the stock exchange
All financial statements public
o Private Corp
Harder to raise capital
Tort Law
Compensation
Deterrence
Unintentional torts
o More applicable to engineering
o Strict liability
o Negligence ABC Rule
Duty of care
Breach of the duty of Care
Damages as a result of the breach
Defense for Negligence but for test
http://legal-dictionary.thefreedictionary.com/%22But+for%22+Rule
Cant anticipate damages, therefore not responsible for the damage
Dispute Resolution
Capitulate
Negotiate
Mediate
o Mediator does not make a decision; acts as someone who channels information and
helps resolve the dispute
Arbitrate
o Both parties agree to hire an individual to solve a problem. Both parties will abide to the
decision of the hired 3
rd
party
o International companies where laws differ tend to use this dispute resolution
Litigate
o Public dispute resolution process Civil proceedings
o Administrative tribunal
o Small claims court < $25,000
o Superior Court > $25,000
o Court of Appeal
Appeal iff there is an error in law, or new evidence has surfaced
o Supreme Court of Canada
o Litigation is usually the last resort
o Judges only looks at the error in law to make the final decision
Contract Law
Elements of a valid contract:
o Intention to create a legal relationship
Negotiation period between the two parties to create a contract
o Offer
o Acceptance
o Consideration
o Capacity
o Legality
i.e. the contractor is not providing an illegal service
Third Party? Where?
Proximity
o Who is your neighbour? The person who may or may not use your product without your
knowledge
Foreseeability
o Must foresee if product is safe or must be serviced
Employment Law
Contracts
o Employees
Terms
o Contractors
Bring their own tools
When project is complete, then contract is terminated and the legal relationship
is over
Wrongful Dismissal
o When an employer dismisses an employee without sufficient reasonable notice
Dismissal with Cause
o Theft, dishonest, conflict of interest, willful disobedience, insubordination,
incompetence, absenteeism or lateness, intoxication, and sexual harassment.
Constructive Dismissal
o Unilateral change to the fundamental term of employment contract, employee must
resign and then sue for wrongful dismissal
Employment Standards Act
o Sets minimum terms and conditions of employment for employees except P.Engs and
Union Members
o Included: hours of work, over time, leaves, vacations, stat holidays (look at slides)
Labour Relations Code
o Governs relationship between employer and Unions
Oversees how to unionize etc. (look at slides)
Human Rights Code
o Protects employees against Discrimination.
o See slides for protective grounds
Workers Compensation Act
o Work related injuries and illness
o Safety requirements
Intellectual Property Law Just remember Federal govt has jurisdiction over all subjects (on exam)
Patents
o Confidentiality
Industrial design
o Federal Industrial Design Act
Copyright
o Software may be falling under this category in the future
Trademarks
Trade Secrets
Aboriginal Law
Constitution Act of 1982 (EXAM)
o Aboriginal and treaty rights
Right to hunt, fish, trap, ceremony & social purposes
o Section 91(24)
o First Nation Peoples
First Nations, Inuit, and Mtis

Environmental Law
Federal Legislation
See slides
International Agreements and Treaties
o Usually mediate and arbitrate
o Usually between countries
Sustainable Development
27 principles
o Precautionary Principle
Rio Declaration, 1992
Bio-entric? That slide is not on the exam
Ethics