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LAW 534 (80)
Gil Lan (29)

Class Notes Chp4.docx

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Law and Business
Course Code
LAW 534
Gil Lan

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LAW 534 Notes Feb 25/14 Chp 4 Due Diligence Concepts Means Rea (guilty mind) (full criminal liability) - prosecution (crown) must convince beyond a reasonable doubt that an offence occurred + that there was an Intend (needed for imprisonment) (Strict Liability)– Actus Reas (prohibited act)-- if the act occurs (spill toxic waste ) bad act occurred unless you prove due diligence that you took all the reasonable steps to avoid the problem– crown only has to prove that you committed the act beyond a reasonable ground, the burden of proof to prove due diligence is on the defendant (needed for imprisonment) 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 Tort > fault based> negligent > lacked reasonableness 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 Doctrine of Res Ipsa Loquitur [4-7—4-11] – the thing speak for itself; flawed way of reasoning; gone from common law see Fontaine v. Loewen case; based on logically flawed inference, RIL overturned by SCC >flawed> representative heuristic> flushed out of tort of negligence . Look at RIL Second Restatement and Third. Traces of 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 j
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