LAW 534 Lecture Notes - Res Ipsa Loquitur, Representativeness Heuristic, Strict Liability
12 Apr 2014
School
Department
Course
Professor
Document Summary
Absolute liability the crown has to only prove the act was committed- liable not matter what; your responsible; ie speeding, must have relevant defense to get out of it. Reasonableness> reasonable person=not super human powers; average person; prevent reasonable foreseeable harm. Criminally for example environmental harm >market departure [4-4--4-5] driving reckless is criminal whereas careless is high way traffic act example of market departure , elevated to reckless from careless because it was a market departure. Criminal negligence > oxi morno > criminal = intent, negligence = no intent. Ril are stuck in regulatory law therefore law need to evolve since sue saint marie. Representative heuristic [4-8] - which reflect the tendency of people jump to conclusion without consider a statistical baseline (or bench marks) Dichotomy [4-12] - to put into two different areas; two choices. Hindsight bias-20/20 >much easier to see after the fact, you should have done this instead to that.
