LS101 Lecture Notes - Absolute Liability, Punitive Damages, Replevin
16 Sep 2013
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Civil law: compensate victims (money) is only worth starting if the accused will actually be able to pay, wrong against another individual or entity (civil) Beyond a reasonable doubt (criminal) / balance of probabilities: one of the biggest differences between the two systems. In civil, it is how much more likely that the accused is guilty vs. innocent". Strict liability: guilty but, can argue due diligence , let the accused prove that they did everything reasonably possible to avoid the occurrence. Absolute liability: guilty no matter what the but is, very few absolute liability cases as it doesn"t give the accused a chance to defend themselves, however, most product liability cases are absolutely liability" cases. Vicarious liability: somebody else responsible, e. g. employer/employee employer could be partly responsible for a tort committed by the employee. In some provinces, parents are liable for the acts of their children (school acts in bc)
