Philosophy 2080 Study Guide - Endangerment, Contingent Fee, Kess-Fm
24 Sep 2014
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Judge or jury hears evidence & decides facts. When party of suit does not agree with decision. Find mistake in law only way to support appeal (do not hear evidence) Many judges 3-5 judges can sit on every case. Bind trial courts & appeal courts of every province. 9 judges all must sit on a case. Decision of court that decides outcome of case. Person injured brings forth the action plaintiff has onus of proof. Need to prove on balance of probabilities (51% likely) Person can be charged criminally & still be sued civilly. Per se plaintiff does not need to show actual harm. Based on what the defendant should have known lacked intention to be careful. Person was careless in their actions and by being careless caused injury/harm to others. Elements: duty of care, standard of care, breach of standard of care, causation. Should be spread among public as cost of doing business.
