Business Law – October 5, 2017

School shooter example, risk assessment of a shooter, if they are not trained they
will go back to bad behaviors, otherwise you don’t actually educate people on what
to do in certain scenarios

Risk Section of the Charter

All of it for the exam,

Crisis management, people got trained orally, they had no idea what to do in the
actual drill, no drills done at the university for these crisis situations

National defense building across from dms, they have secured the DnD building,
have rocks or security checkpoints blocking all entrances to the building, they
blocked the entrances, not many people are ready for the events,

Training options must drill them; do practical exercises that exemplify how to react
in certain situations of crisis,

Japan lowest crime rate, lowest violent crime rate, heavy regulation for weapons,

Scenario for controlling guns, have a central location to drop off all guns,

What weapon can you use to protect yourself in your house?

Dog repellant, can you walk around with it

Bear repellant can you have it in your house, yes because you may go camping,

If you cannot escape then you can use necessary force to protect your self, it has to
be in a defensive way,

Agency is a relationship that exists between a principle and an agent in their

dealings with outsiders in the formation of legal relationships, principle represented
by an agent to create relationships with 3rd parties, ex) someone representing you in
the management of your assets, marketing firms, management firms,

How do we create agency

Formal agreement: verbal or written statement, ex) verbal confirmations, or
contracts,
Formal statement: must look at authority, because we need to identify actual
authority

Actual authority
Implied
Expressed
Expressed: desire to grant an obligation to act, if you do not you are going against
your principle

Implied: 3 circumstances:
 Practices of the trade: how it’s done in the industry or profession
 It is necessary to carry out the tasks, firm responsible for security of the
premise; the security person needs the keys to the building
 The Position we occupy, management position of authority

Agency by Estoppel
The principle behaves in a way that the 3rd party reasonable concludes that the
agency relationship exists, where a staff responsible for a different position will do
jobs outside of their scope, the firm takes responsibility if they do not disclose at the
start if the agent is not qualified, if an error occurs than there is apparent authority
because it was created by the principle saying their not qualified staff can handle the
job.

Apparent authority: situation created due to creating excessing authority

Agency by ratifications
Principle ratifies the excess of authority by the agent or if he did not have any
authority, ex) the prof send someone to buy fruits and vegetables (1 tomato),
whatever is on special, the person decides to buy all the tomato’s (30), he can say he
wont pay because he had no authority, OR can ratify and pay the suppliers, if he says
no then they have to deal with the agent, if its paid off then the situation is ratified
and the excess authority is removed, he is outside of his authority to purchase the
30.

Business deals done without authority:

Specials in supermarkets, haven’t paid proper duties, driver not authorized, seize
the delivery truck, they auction off to the major retailers, and they pay and do the
proper authorizations

Agency be necessity
Specific crisis, there may be a requirement that someone speaks and protects and
secures your assets, ex) get hit by a car, witnesses left because they do not want to
go to court to testify, they came to help then left when the ambulance came, classic
example someone in the ER with you, ex) situation of a coma, who gets called first
the person who is living you, and not the parents, the common law spouse speaks
for you, because they live together, notion of a couple, family cant do anything if it’s
a common law spouse,

Duties in the relationship

Fiduciary duty: special relationship of trust where you have to work in good faith for
the principle, obligation, ex) school teacher, police religious leader, two arks nuclear
shelter school bus, ark 2 religion/community, about nuclear fallout shelter, must go
through a religious test, what are your obligations for reasonable accommodation,
what to do to avoid discrimination, Must work in the best interest of the org

Full disclosure of material information, if it affects the principle, game of thrones

example Jamie talked to trynian behind cersai back

Avoid conflict of interest,

Use Assets of the principle without consent, ex) borrow car for the weekend without
consent,

Duties of the principle

Pay the agent for the commission or service, fees for services
Provide the tools or training to complete the services
Reimburse for reasonable expenses
Indemnify against losses
 If these aren’t followed a problem

Liability
Principles: agent works inside the authority, ex) principle gives authority to the
agent and the agent is in the authority
Principle apparent authority, ex) principle creates the authority adding to the actual
authority the principle is liable for that
Agent exceeds the apparent or actual authority: agent is in breach of warranty of
authority, outside his authority, Agent is liable
Ratification, the principle ratifies the breach of authority of the agent

Power of authority form Ontario

Christmas products for kids,