Concepts are: 1. Negligence: Learning: a. Describe what you have learned and how you can use it?

b. What did I learn? c. How does it relate to my learning objectives? d. To my job? e. To other areas of my life? Learning: The area of tort law known as negligence involves harm caused by carelessness, not intentional harm. The concept of the reasonable person distinguishes negligence from intentional torts such as Assault and Battery. As drivers, we all have a duty to other drivers to exercise ordinary treatment to drive securely. So, let say I am speeding and run through a light and hit a automobile (who had the green light) broadside. The other driver is damage and his vehicle is demolished. I have breached my duty of care since I ran a targeted traffic light and was speeding. I learn how to protect my legal rights and interests and seek the compensation I deserve. I have an overview of the history of negligence, I know how to describe the function of duty of care in negligence, I appreciate the way duty of care has been defined and developed, and I can apply the principles of duty of care in the areas of omissions and liability of public bodies.

If I have suffered injure within scope of my employment, so I know how to protect my legal rights and interest and seek compensation I need. Negligent acts would be those in which someone fails to give care or attention in such as way that could be reasonably expected or is specifically required by law. Examples would include failing to properly test products for dangers before sale, medical malpractice, failing to keep premises free of hazards, or failure to keep dangerous animals under control. 2. Forms of Business Learning: a. Describe what you have learned and how you can use it? Distinguish sole proprietorship from partnership, examine the law of partnership, describe the rights and duties or partners, to note registration requirements and procedure for dissolution, to illustrate the business models suitable for partnerships. b. What did I learn? Examine some of the more general laws that affect the nature of the firm, as it passes through the various stages of development. c. How does it relate to my learning objectives? Running business demands a lot of perseverance and determination. This often leaves little time to deal with the legal issues that constantly plague small businesses. Business law helps with the dayto-day operations of business, deal with a wide range of issues related to taxes, finance, business formations, acquisitions, mergers, employment/labor laws, contract negotiations, and litigation.

d. To my job? There are laws governing treatment of labor and generally relations with employees, safety and protection issues (Health and Safety), antidiscrimination laws (age, gender, disabilities, race, and in some jurisdictions, sexual orientation), minimum wage laws, union laws, workers compensation laws, and annual vacation or working hours time. e. To other areas of my life? Environmental regulations are also very complex and can impact many kinds of businesses in unexpected ways. 3. Invitation to treat a. Describe what you have learned and how you can use it? An expression of willingness to negotiate. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed. Where the defendants offered to sell by tender their stock and the court held that they had not undertaken to sell to the person who made the highest tender, but were inviting offers which they could then accept or reject as they saw appropriate. b. What did I learn? It is very important to distinguish an offer from an invitation to treat that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: c. How does it relate to my learning objectives? Element of contract. d. To my job? Make me understand essential features of a contract. e. To other areas of my life? Make me understand essential features of a contract.

4. Duties of Directors a. Describe what you have learned and how you can use it? Directors liable for any loss occasioned by the corporation itself. b. What did I learn? Obligation on the directors of corporation to ensure the effective systems are in place to comply with legislation, and to monitor the systems to ensure compliance. c. How does it relate to my learning objectives? Directors, have a general duty to operate business in the best interests of corporation. Director has to inform corporation performance to shareholders. Shareholders can take action through courts when the directors fail to comply with the duties and responsibilities imposed upon them. d. To my job? Employment legislation in some provinces impose personal liability on directors where the corporation violates the legislation. e. To other areas of my life? Environmental legislation in some provinces impose personal liability on directors where the corporation violates the legislation. 5. Four Fold Test a. Describe what you have learned and how you can use it? A test for employment based upon ownership of tools, control, chance of profit and risk of loss. Can be used for employment relationships. b. What did I learn? To determines whether a person is an employee or not or has employment relationships. c. How does it relate to my learning objectives? Consideration that sets out the rights and duties of the employer and employee.

d. To my job? Have a number of implied duties and obligation between employee and employer. e. To other areas of my life? Occupational health and safety laws have imposed many obligations on employers. Human Rights legislation has also established clearer duties of employers with respect to employment and subsequent treatment of employees. 6. Doctrine of precedent a. Describe what you have learned and how you can use it? The courts are bound (within prescribed limits) by prior decisions of superior courts. In 1987 Judge Mullaly of the Victorian County Court decided that a particular womans actions didnt constitute of offensive behavior. To decide whether the behavior was offensive he looked to precedent. He found a Victorian Supreme Court decision in 1951 that said offensive behavior must be calculated to wound the feelings or arouse anger or resentment or disgust or outrage in the mind of a reasonable person. Judge Mullaly decided that the womans actions would not have aroused such feelings in a reasonable person so they were not offensive. b. What did I learn? Is the process by which courts use decisions made in earlier cases to help decide what should be the outcome of the case presently under consideration. c. How does it relate to my learning objectives? d. To my job? e. To other areas of my life? f. Describe what you have learned and how you can use it?

7. Copyright a. Describe what you have learned and how you can use it? Present legislation provides that the sole right to publish or reproduce an original work of a literary or artistic nature is in the original author of the work. It takes the form of registration of the work and the marking material by the symbol. This is followed by words to indicate the date of first publication and the name of the author. b. What did I learn? Author is the first owner of the work and entitled to claim copyright. It proof of ownership of the work if the author should be required in action for damages against a person who copies the work without permission. c. How does it relate to my learning objectives? If a work is printed or copied without either permission of the author the unauthorized published to penalties under the Act and or an action for infringement by the holder of the copyright. d. To my job? Any unauthorized publication or performance of the work constitutes infringement and would entitle the owner of the copyright to receive the profits on the unauthorized publication, damages, and in injunction, depend upon the circumstances. e. To other areas of my life? Intellectual property is very important business asset and must be properly protected to ensure ownership rights are enforceable. 8. Forms of Security for Debt and a. Describe what you have learned and how you can use it? A number of methods that may be used by parties to credit transactions in order to provide security for the debt.

b. What did I learn? c. How does it relate to my learning objectives? d. To my job? e. To other areas of my life? f. To other areas of my life? Behaviour: Review your thoughts and feelings about the learning that you experienced. Question to ask in this regard are as follows: What new question or issue has the learning experience raised? What is significant about what I have learned? Student dont understand the relationships between legal concepts and topics which is particularly important in business law as student need to see and understand clearly all the relationships and links between alternative and competing arguments before they go on to analyze and evaluate arguments and counter arguments. Without attaining understanding of the interrelationships between topics, sub-topic and even individual legal principles, such complex tasks are extremely difficult for students. Also, language of text/ instruction is not the learners first language. It is important that if I operate a business I understand what the laws are involved. I need to make sure that I am covered with all business related legal issues that possibly could arise. It can be scary if I do not understand the laws of surrounded business but with a little education I can be up and running in no time. It is important that if I incorporate I fill out the proper forms so that legally I have a business entity. It is important that

whatever transactions I have there is proper legal documentation to support them. Language of text/ instruction is not the learners first language. Results: Question to ask in this regard are as follows: Do I want to investigate the topic further? If so, how would I do this? What specific action will I take as a result of participating in the session? Yes, I want to investigate the topic further. Combining the course work with opportunities for significant research and writing. Develop an ability to recognize and respond appropriately to legal situations that occur in an accounting environment.

Assignment 1

Helda Ong 023-270-044 Granville Cadogan ALW 380 April 7, 2013