Business Law for Commercial Crime Investigation FSCT 7004

Upon successful completion, the student will be able to:

• Examine the facts of a given case and determine whether or not a contract has been formed between two parties.
• State, in a given case, the nature of the obligations falling upon both parties to a contract.
• Determine, in a given case, whether a contract has been terminated, and, if so, how it has been terminated and what rights and remedies remain to either or both of the parties.
• State the requirements for obtaining search warrants, confirmation orders, production orders, and other compulsory process.
• In a given case, state which compulsory process would be appropriate for obtaining evidence, and what requirements would have to be satisfied for the purpose of obtaining such an order.
• In a given fact situation, determine whether evidence tendered would be admissible under the provisions of the Canada Evidence Act.
• In a given case, determine whether sufficient evidence exists to make out a case in tort, and list the remedies that might be available to the plaintiff.
• Distinguish actions in tort from actions in contract and, in a given case, state which route would be chosen and why.
• In a given case, set out the order of priority of creditors, stating the reason for so ordering them.
• Write a letter to a hypothetical client explaining the major provisions of the Personal Property Security Act and the obligations and remedies thereunder.
• In a given fact situation , determine whether or not an agency relationship has been created, how it has been created, and what the rights and obligations are of the various parties involved.
• Compare and contrast sole proprietorship, partnership (including limited-liability partnership) and corporation as a form of doing business, setting out the advantages and disadvantages of each.
• In a given case involving negotiable instruments, explain who is liable to whom in a chain of transactions.
• In a given case, determine whether the facts are sufficient to demonstrate all elements required to make out a case for fraud, theft, or other related offences under the Criminal Code.
• In a hypothetical situation, apply key features of the Canada Business Corporations Act, BC Business Corporations Act, and the BC Securities Act.
• In a given fact situation, explain whether or not a corporation could be regarded as a party to a criminal offence, and why or why not.
• Compare and contrast the key features of the law regarding real property, personal property, and intellectual property, and apply these principles in a given case.
• In a comprehensive case, determine the nature of any legal issues that are apparent.
• Formulate a reasoned and appropriate response to the problems identified in the comprehensive case.

Effective as of Spring/Summer 2005