LAW 534 Chapter Notes - Chapter 4: Res Ipsa Loquitur, Brian Dickson, Due Diligence
22 Apr 2013
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Due diligence defense centered on what the reasonable person would have done. Negligence consists of an unreasonable failure to know the facts that make an offence principle of defense that all reasonable care was taken. Person of normal intelligence who makes prudence a guide to his conduct. Reasonable care involves high standard of awareness, decisive, prompt and continuing action. Key to due diligence is the existence of a proper system, that must be deployed in a timely fashion with appropriate staffing. Lines between regulatory offences and true criminal offences are blurring. Justices weiler and gillese label attached to the offence no longer determinative. Penalites, the values underlying the offence and whether mens rea is required must be considered. Cory j. (licensing requirement) unnecessary for court to establish accused intended or was aware of consequence. Minimum standard of well-being with basic knowledge of standard of care obviate that requirement. Res ipsa loquitur and the common law flaw pg.
