2) List 4 Strategies For Managing Risks.: LGST 369 Unit 1

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LGST 369 Unit 1

1) Why study law?


A goal in any business is to maximise gains and minimize loss. In order to minimize loss, it is important for
businesses to have some form of legal education as law plays a critical role in risk management; the process
of identifying, evaluating, and responding to the possibility of harmful events.

2) List 4 strategies for managing risks.


i) Avoidance – a risk should be avoided altogether
ii) Reduction – a risk should be decreased to an acceptable level
iii) Shifting – a risk should be transferred to another party
iv) Acceptance – a risk should be tolerated as a cost of doing business

3) List three strategies for risk management that business often use in different situations.
Insurance – a risk may be reduced and shifted by contracting for an insurer’s promise to pay if a loss occurs

Exclusion and limitation clause – a risk may be reduced or eliminated by contracting for a right to limit or
exclude liability

4) General definition of the word “Law”


Law is a rule that can be enforced by the courts.

5) List four areas of public law and three areas of private law. Provide examples that demonstrate how each
one of those areas is relevant to business people.

Four areas of Public Law

Constitutional - provides the basic rules of our political and legal systems//
- Determines who is entitled to create and enforce laws, and it establishes the
fundamental rights and freedoms that Canadians enjoy.

Administrative- is concerned with the creation and operation of administrative agencies, boards,
commissions, and tribunals.
- Human rights tribunal – may decide that a corporation discriminated against
women by paying them less than it paid men for work of similar value.

Criminal- deals with offences against the state.


- People who break rules that are designed to prtect society as a whole like
stealing, fraud ect.

Tax- is concerned with the rules that are used to collect money for public spending
- The various branches of government, such as Parliament, administrative bodies,
and courts, require a great deal of money to operate. Business community
affected by these taxes.

Three areas of Private Law

Contract – is concerned with the creation and enforcement of agreements.


- Extremly important in business as busness is based on transactions, and the low
of contracts governs virtually every one of them.

Tort – is a private wrong, an offence against a particular person.


- Ie. Intentional tort such as assault and false imprisonment
Property – is concerned with the acquisition, use, and disposition of property
- Real property involves land and things that are attached to land

6. Outline one way in which tort and contract law are similar and two ways in which they are different.

Tort and Contract law similarity.

Structure – both tort and contract involve primary and secondary obligations.
See Concept Summary 3.2 Comparing Tort and Contract

7. Explain how federalism is related to the division of powers.

Federalism is a political system in which government power and responsibility is divided between a federal
legislature and provincial legislatures. Federal government has jurisdiction over the entire country (residual
power), and provincial government has jurisdiction over its portion of the population and region. Both
levels of government get their authority from the Constitution; but it includes feature that are incompatible
with a strict approach to federalism.

8. Describe the Canadian Charter of Rights and Freedoms and provide several examples of how it can help
or hurt a business.

Charter of Rights and Freedoms was written into the Constitution; it was introduced to protect basic rights
and freedoms.

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