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Canadian Business and the Law - Assignment Example

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Canadian business law Name Institution Legal risks at Seneca College in Toronto Risk analysis can be understood as a determined process that concerns defining and analyzing the most outstanding dangers to businesses, individuals, and government agencies. The dangers are mainly posed by the natural and human-caused events…
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Canadian Business and the Law
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Download file to see previous pages 1. Human resources Pre-employment screening Most companies carry out pre-employment screening before employing a potential applicant. During the process, the employer examines and analyzes an applicant’s background to screen and justify the accuracy of the information provided. However, Seneca College in Toronto has been accused of failing to conduct pre-employment screening on some job applicants. For instance, the company does not look into relevant information and qualification of the job application (Smith & Hodges, 2009). The recruitment department must not fall into discriminating directly or indirectly potential candidates during the whole process of recruitment and selection. Management contract An institution will be considered the best if it has met the pre-qualification conditions and it offers the best cost, which in this case will be the lowest cost. Under the law, an institution is a legal person and hence a separate legal entity from the owner. If there is breach of the contract, then the person to be sued is the company but not the owners. If after the execution of the contract Jerry wants to sell the company, there is no legal barrier restricting him from selling the company. The custom transportation company will not seize to exist after the departure of Jerry. The new management can be sued on behalf of the company, and they should make any corrections after the completion of the contract. In a contract setting, the person offering the contract is left with retention money, which can be used in case a fault in work done is discovered after execution of contract. In a contract, the ethical behavior is right of lien for both the contractor and the contracted. The commission has a right to stay with the retention money if the company does not do the work correctly and use it to pay another contractor who will do the part not done well (Smith & Hodges, 2009). Contract laws emphasis the fact that agreements made between or among parties in a transaction must be honored. This has mechanisms in place to ensure that parties uphold their terms of agreement thought the transaction session. These laws protect mostly those transactions that are long term in nature. For example, an infrastructure contract between a company and the government. Such contract may span for several years, which qualifies the need for mechanisms to be put in place to guide both parties during work progress until it is completed. Violation of any of these terms by any of the trading partners means that a contract law has been broken and this necessitates a further step from the affected partner. Contract laws give a contracting partner the constitutional right to know if the other partner is credit worthy. This factor plays a role in preventing future payment disputes in case of defaults from any of the parties. This law ensures that there are mechanism and measures, which are in place to enable debt recovery in circumstances of payment defaults. This may apply to scenarios where payments are made through cheques that bounce. Contract law empowers the courts to collect debts if such scenarios of payment default arise. Seneca College might face legal risks in contract management since its contracts lacks the above information (Smith & Hodges, 2009). 2. Student services Admissions Seneca College needs to handle the issue of student admission because it enrolls students from local area and discriminate other places. The College ...Download file to see next pagesRead More
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