LAW 534 Study Guide - Final Guide: Sherron Watkins, Metron (Comics), Deferred Prosecution
20 Dec 2017
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Hayley plante 500635508: nature and gravity of the adverse effect, pure risk assessment: identifying the potential hazard, drawing a dose/response curve, estimating the amount of human exposure, categorizing the result. Sunshine village corp and self-reporting r v. boyd 4-50: over what period of time, and promptness of response, matters beyond control of the accused, including technological limitations, particularly relevant in the remediation of contaminated sites. Some of the 14 factors such as the gravity of the adverse effect and the character of the neighbourhood may lead courts into a trap of engaging in risk assessment instead of risk management. The reasonable person concept reflects a concern about the erosion of standards. The legislative codification of the standards prevents erosion of the standards and promotes equality. The 14 factors to some extent avoid the simplicity of a reasonable person test and add layers of complexity. The use of the 14 factors and benchmarks such as industry standards eliminate gender bias.
