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Chapter

LAW 122 Chapter Notes -Liability Insurance, Risk Management, Absolute Liability


Department
Law and Business
Course Code
LAW 122
Professor
Brad Mac Master

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Provincial and federal court***
If you lose, where do you appeal? Do you need leave?
-Supreme court**
-Ontario court of appeal**
- Charter**
Limitation periods**- standard is 2 years
Litigation**
Types of ADR
-Negotiation – most common form **private, only works if parties want it to work
-Mediation
-Arbitration – imposes a decision and is binding. Is less formal than a court. Parties usually
select arbitrator who is familiar with the specific area. Arbitrator is like a judge. If you lose
arbitration, it is considered binding.
**all are private^^
Torts
A tort is a wrong-doing. In tort law the harm is against you. Criminal law the harm is against
society.
**think of the balance of competing interests when referring to torts
-protecting free choice vs deterring harmful behaviour
-encouraging innovation vs compensating losses
-physical harm vs economical loss
Strict liability torts
Require no proof of carelessness or wrong-doing
Case brief 3.1 page *65
Wild animals are an example of strict liability. Domestic animals are strict liability only if you are
aware if the dog for example is dangerous. Strict liability there is a chance of defense. Absolute
liability you are automatically guilty.
Another type of strict liability *page 151
Statutes keep you safe*
Charter of rights and remedies**
Intentional torts
Liability for intentional acts
Negligence tort – liability for carelessness acts
Liability insurance
Contract agrees for a price to take damage on behalf of the defendant.
Risk management.
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