LAW 534 Lecture 6: lecture 6
17 Apr 2015
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Res ispa loquitor: (based on representative heuristic) Court will reverse burden of proof on the manufacturer. Based on faulty law, bad probability reasoning. Fontaine case: no longer use res ispa loquitor. Based on representative heuristic: tendency for people to jump to conclusions without considering statistical baseline. Ghost of res ispa loquitor still haunts environment law. Even though res ispa loquitor is no longer part of common law, it still shows its face in statutory law 4-11. Paradox: in a strict liability offence, there are specific rules and general principles( reasonable ). Having already been found by the court to be unreasonable , you cannot possibly have due diligence defense of having acted reasonably . Have to distinguish between risk assessment and risk management pg. How to get out of paradox: focus on reasonable precautions taken to avoid the problem if system worked in past but failed in this particular case, might be anomaly. pg.
