Business Law 307-001 Overview

Business Law 307-001

• Course instructors are Nicole C. Krupski and Fashia Richards
• Tort Law is taught by Nicole C. Krupski
• Contract Law is taught by Adam MacNeil
• Separate class notes are recommended
• Separate written exams are scheduled
• A textbook is not required, but older editions are acceptable for supplemental reading
• Course content includes the development of the English legal system

History of Law in Saskatchewan

• Prior to 1066 AD, England was divided into kingdoms with local laws
• The Norman Conquest of 1066 AD centralized the administration of law
• King's Counsel oversaw the law's administration, establishing three courts:
  • Court of Exchequer (financial disputes and taxation)
  • Court of Common Pleas (disputes between individuals involving real and personal property)
  • Court of King's Bench (appeals from the other two courts, as well as criminal matters and fines)
• The development of "common law"
• Common law is judge-made law or precedent, where judges develop legal principles to be followed in future cases, forming rules consistent across the country
• Statute law is law passed by a legislature, such as a Parliament, and codifies common law.
• 13th and 14th centuries saw subjects petitioning the King due to the strictures of the existing legal system
• The King referred petitions to the Chancellor, leading to the development of the Court of Chancery
• The Court of Chancery operated on discretion and good conscience and eventually developed its own rules called "Laws of Equity
• Maxims of equity
• Equity is the body of rules that governs equitable relief
• "Looking upon that as done which ought to have been done," which is a basic rule of equity where a court will act as if an agreement had occurred, or a contract were in existence
• "Those who come into equity must come with clean hands," is a basic rule of equity,
• "Those seeking equity must do equity," as the basic rule of equity, stating that fairness in the court must be displayed by both parties
• Doctrines of equity including subrogation, equitable conversion, contribution, waiver, Marshalling of assets, Relief against forfeiture of penalties, Laches & acquiescence and Unjust enrichment
• The Judicature Act of 1870 merged the two court systems.
• In the event of disagreements between equity and common law, equity prevails
• 1867, the Constitution Act (British North America Act) established the court system of Canada, adopting England's laws as of 1870 (specifically after the passing of the Judicature Act)
• 1905, the Saskatchewan Act was established, creating the province of Saskatchewan using laws from 1870 as a base
• Saskatchewan's court system is equivalent to England's Court of King's Bench as of 1870, including rules of common law and equity

Example Questions (presented as examples in the presentation)

• Example 1: Chris's case involves a situation where there isn't a written contract but Chris completed a job and Jessica refuses to pay. Chris can argue relying upon equitable law.
• Example 2: Adam and Jenna dispute a gift, and a court may decide that principles of unjust enrichment do not apply to Adam's claim
• Example 3: Michael, an Amazon customer, refusing to accept a delivery. The equitable principle that applies here is not specified in the presentation.
• Example 4: Kalen and Eric's dispute over a Van Gough painting. Kalen can't be successful in his claim because Eric has clean hands and deserves equitable relief on the basis that it would be inequitable for Kalen to be successful.