LAW 122 Lecture Notes - Lecture 1: Independent Contractor, Specific Performance, Provincial And Territorial Courts In Canada
9 Nov 2018
School
Department
Course
Professor
Document Summary
Risk management process of identifying, evaluating and responding to the possibility of harmful events: need to identify, evaluate and respond to legal risks involved. Identification: if you accuse your ex-employee of theft, she may sue you for defamation because your statement would cause a reasonable person to think less of her. If you unreasonably refuse to write a letter, or if you write an unreasonably brief letter you may be held liable for reducing the ex-employees job prospects. Evaluation: may decide that a candid letter would nevertheless be legally acceptable. Response: you can refuse to write a letter. You can write a letter that does not mention your suspicions. You can write a letter that accuses your former employee of theft: goal is not to eliminate risks, but to manage them. Risk avoidance: serious risks should be avoided altogether (ex. Automobile that explodes upon impact should be removed from market)
