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Chapter 4

(258225648) Chapter 4.doc

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MKT 100
Jennifer Fraser

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Law 534 lecture notes March 18, Chp4 Due Diligence Concepts ¬ Strict liability offence actus reas prosecutors defense of due diligence ¬ Look Due dill 14 factor List { 432} ¬ COA ¬ Technological limit > during the court process tech may have advanced during that course ex. Machine didn’t exist during that time , wouldn’t hold the defendant to that , the charge period is the relevant test ¬ 20 years ago, not held liable for losing information (backing up information 1 terabyte drive to them it seemed like CIA tech) ¬ Cross referee to economic ¬ Skill level expected of the defendant 455 floating standard > if your smart = high level , you should have known better because your education + experience > can work against you ¬ Imperial Oil {456}. we relied on sophisticated supplier expert > Problem = did imperial oil not possess the skill and knowledge required to assess the risk , court t rejected, you have to be at the average level of knowledge ¬ Problems with skilled defendant=Multiple defendants, they all blame each other, everyone gets sued, this raises the cost of litigation ¬ Complex what could complexity problems bring as a n excuse oh its really complicated and future studies required Analysis Paralysis – inclusive, so more studies required – Too Much study not enough action. ¬ Conflict of the law sue a US Parent Company for legal issues for Canadian subsidiaries ,in Canada, home field advantage (460) Pierce the corporate veil Sue a company with large pockets, a promise is only as good as the person that gives it! ¬ Tort is a reactive law address what happened after the fact ¬ Preventative system what system did you have in place to address the issues that will come up > what did you have in place to stop a leak , and constantly monitored > Ie email [460.2]part of the solution but not of the solutions> compliance monitoring ¬ Economic consideration {462]problem with consideration of eco factors on depending on financial viability ¬ Can you sue the government for not spending enough money on something no, the govt has to make a decision about the allocation of resources; expects on budgets therefore not court decisions ¬ Braches of Govt Legislative, judiciary, executive they make the law, carry out the law and make sure the laws are enforced ¬ Economic factors and Govt {462.1]total denial of funding .courts not suppose to interfere about liability ¬ Actions of Govt Officials – read on own [462.7] ¬ External factors to risk management, precautions taken to avoid an event [462.12] How often things happen relevant to measure to be taken ¬ Gender Basis Reasonable Person [466] – still based on a mans standard (not as rationale a women, men are more riskier and impulsive) MAYO MORAN >AUTHOR> UFT..PERSON.. I THINK >She proposed new test of culpable indifference to replace to reasonable person test > as well as tackles the conflict within the feminist debate about reasonable person ¬ Cost consequences of Due Diligence [468] for the defendant are suppose to prove DD, this is expensive (expect knowledge, scientist, doctors for cross examination ) ¬ Civil Law – Plaintiff v.s Defendant Defendant win Plaintiff will cover their expenses and half and sometimes all the Defendant cost > Rule/ process in place to deter frivolous litigation ¬ Regulatory Process – the govt doesn’t reimburse you; you due diligence should be done; always follow the compliance because the trials and charger are expensive ¬ Piggy back Plaintiff [471]piggy back on verdict look at the fisheries act ¬ Prima Facie[471] “at first glance” “correct until proven otherwise” “on the face of ” ¬ How to you hold the corp criminally liable– you attribute to them because of various liability (charge for employees harmful acts) labor law > Primary Liability = because the corp itself did the ac
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