BUS 393 Lecture Notes - Lecture 2: Alternative Dispute Resolution, Fiduciary, Settlor
Document Summary
Separate body of legal rules that developed over time. Equity trumps the law to correct for unfairness. Adr alternative dispute resolution: agribition, mediation, negotiation. We require fairness in court processes, including: an impartial judge, notice that something is happening, disclosure of the case against you, a chance to argue your side of it, a fair decision. Example stripper mauled by a bengal tiger in rockville, ontario: claimed . 7million at a drive-in zoo. Filar how to assess a legal problem. Questions with answers that the parties can"t agree on. 1 issues of fact: example - how did the window get open, so the tiger could attack, to decide issue of fact we use evidence. 2 issue of law: example - is the zoo liable even though they took care for its guests, to decide this we use law form legislation and case law.