BUS 223 Lecture Notes - Lecture 3: Regulatory Offence, Jaguar, Risk Assessment
4 Dec 2018
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Law 523 lecture #3: types of regulation: 4 models matrix, evolution of regulatory offences (3, methodology for classification, use of civil and administrative tracks, types of regulation: quick review of ex ante and ex post: Ex ante: attempts to prevent harm from occurring in the 1st place: catastrophe, horrific/life threatening harm (we don"t want to wait, disadvantage: regulating too much or too little. Ex post: redressed harm that occurs after the harmful conduct has occurred. Disadvantage: you are waiting for something bad to happen: v michaud, 2016, onca. Facts: man driving a truck who"s speed is supposed to be 105km/hr but exceeded the spped, this is a regulatory offence. Ex ante: legal speed enacted to prevent harm goal. Advantage: protecting human health and safety, as fundamental values are at stake. Ex post: if you interfere with speed limit, you get fined. Rule: specify in advance what conduct is permissible, leaving only factual issues to be determined by the decision-maker.
