ACC 110 Study Guide - Midterm Guide: Criminal Negligence, Regulatory Offence, Declaratory Judgment
10 Oct 2016
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Walkers case what constitutes nuisance to a person. Curoc case speculative damages won"t be awarded that aren"t related to health and safety (unless proof is provided) Metron case criminal liability of corporation; importance of worker safety; role of senior officer; what is a directing mind. V. hudbay case piercing the corporate veil; direct liability of corporation, to show. It owed a duty of care (use test), 2. Causation: v. bata industries case personal liability of directors & officers when corporation liability not enough; directors and officers 1. Standard of care and 3. due diligence defences. Plaintiff must establish: defendant owed a duty of care to the plaintiff, standard of care existed and was breached by the defendant, the breach caused the plaintiff harm. Duty is owed to the plaintiff by the defendant. Causation: the defendant caused the harm to occur.
